Summary
The Supreme Court of North Dakota held that the trial court erred by granting the State's motion for summary disposition before the expiration of the 10-day period for Johnson to respond under N.D.R.Ct. 3.2(a). The court reversed the order denying post-conviction relief and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the district court erred by granting the State's motion for summary disposition before the 10-day period for Johnson to file an answer brief and supporting papers under N.D.R.Ct. 3.2(a) had expired.
Holdings
- Under N.D.R.Ct. 3.2(a), the adverse party must be allowed 10 days after service of the moving party's brief to file an answer brief and supporting papers; therefore, it was error for the district court to decide the motion before that period expired.
Key quotations
“Upon serving and filing a motion, the moving party shall serve and file a brief and other supporting papers and the adverse party shall have 10 days after service of a brief within which to serve and file an answer brief and other supporting papers.” (¶ 4)
Factual background
Johnson pleaded guilty to contact by bodily fluids, a class A misdemeanor. He subsequently sought post-conviction relief on grounds including ineffective assistance of counsel, an insufficient factual basis for his guilty plea, and a constitutional violation involving exculpatory evidence. The State moved for summary disposition, and the district court granted the motion seven days later even though the motion provided Johnson 10 days to respond.
Procedural history
Johnson pleaded guilty to contact by bodily fluids, a class A misdemeanor, and later applied for post-conviction relief alleging ineffective assistance of counsel, an inadequate factual basis for his guilty plea, and denial of access to exculpatory evidence. The State moved for summary disposition. Although the State's motion stated that Johnson had 10 days to respond, the district court ruled seven days later without receiving a response and denied post-conviction relief. Johnson appealed.
Remand instructions
Remand for proceedings consistent with the opinion, including allowing Johnson the opportunity to respond to the State's motion for summary disposition.