TO: Joint Procedure Committee
FROM: Andy Forward
DATE: December 31, 2009
RE: Rule 59, N.D.R.Civ.P., New Trials–Amendment of Judgments
Staff has prepared amendments to Rule 59 based on 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.
The existing rule and the federal rule are substantially different, except for subdivision
(i) and federal rule subdivision (d). Form and style changes are proposed.
The proposed amendments to Rule 59 are attached along with a copy of the
amendments to the federal rule.