TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 13, N.D.R.Civ.P., Counterclaim and Crossclaim
Staff has prepared amendments to Rule 13 consistent with the federal form and style amendments. The amendments are intended make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
It is proposed that paragraph (c)(2), which is based on an old Revised Code provision, be moved to Rule 55 since the situation it addresses could only occur in a default judgment case.