RULE 7.1 JUDGMENTS, ORDERS AND DECREES
(d) Satisfaction of Judgment for Money When Judgment Creditor Cannot Be Found.
(1) Motion to Satisfy. A judgment for money, if no execution is outstanding and the time for appeal has expired, may be satisfied by the court upon written motion of the debtor supported by affidavit stating:
a. the amount, the judgment balance, accrued interest, and costs;
b. that after the exercise of due diligence the judgment creditor and the judgment creditor's attorney cannot be found or that the judgment creditor or the judgment creditor's attorney has failed or refused to deliver a satisfaction of judgment upon being tendered the amount due; and
c. that notice of the motion has been sent by mail or third-party commercial carrier to the judgment creditor and the judgment creditor's attorney at their respective last known addresses.
(2) Order of Satisfaction. Upon granting the motion, the court shall enter an order directing the clerk to receive the amount of the judgment with accrued interest and costs for the judgment creditor. After payment, the court shall enter an order satisfying the judgment and showing the amount deposited with the clerk.
(3) Decrees. For purposes of this rule, the word judgment includes a decree for payment of money upon which execution could issue.
Rule 7.1 was amended, effective March 1, 1994; March 1, 1999.
Rule 7.1 was amended, effective March 1, 1994, in response to GeoStar Corp. v. Parkway Petroleum, Inc., 495 N.W.2d 61, 65-66 (N.D. 1993) and Disciplinary Action Against Wilson, 461 N.W.2d 105 (N.D. 1990). The amendment to subdivision (a) requires the prevailing party to prepare a draft of the order or decree whenever the court makes a ruling other than in the course of trial. Former subdivision (a) also required the prevailing party to prepare drafts of the order, order for judgment, or decree to be entered, whenever the court made a final determination in an action.
New subdivisions (b) and (c) were added. Former subdivision (b) was changed to subdivision (d). New subdivision (b) concerns the preparation of findings of fact and conclusions of law under Rule 52(a), N.D.R.Civ.P. New subdivision (c) was added to provide notice to all parties and to prevent ex parte contact with the court.
Subdivision (d) was amended, effective March 1, 1999, to allow a notice of the motion to satisfy to be sent via commercial carrier as an alternative to mail.
SOURCES: Joint Procedure Committee Minutes of ; January 29-30, 1998, page 22; April 29-30, 1993, page 11; January 28-29, 1993, pages 9-10.
SUPERSEDED: N.D.C.C. § 28-20-28.
CROSS REFERENCE: N.D.R.Civ.P. 52 (Findings by the Court), and N.D.R.Civ.P. 60 (Relief From Judgment or Order).