Motion for Reconsideration - Rule 3.2 North Dakota Cases

Motion for reconsideration and to amend the judgment is submitted under N.D.R.Ct. 3.2, and included an express request for a hearing Rule 3.2 provides that, if any party who has timely served and filed a brief requests oral argument, "the request must be granted." the Supreme Court has consistently held that the language of Rule 3.2 is mandatory, and the trial court does not have discretion to refuse to hold a hearing when one has been properly requested. See: Syvertson v. State, 2000 ND 185, P10, 620 N.W.2d 362; In re Adoption of J.S.P.L., 532 N.W.2d 653, 657 (N.D. 1995); In re Norman, 521 N.W.2d 395, 397 (N.D. 1994); Ennis v. Berg, 509 N.W.2d 33, 38 (N.D. 1993); Anton v. Anton, 442 N.W.2d 445, 446 (N.D. 1989).