MEMO
TO: Joint Procedure Committee
FROM: Andy Forward
DATE: August 17, 2010
RE: Rule 7.1, N.D.R.Ct., Judgments, Orders and Decrees
The Supreme Court recently decided Snyder v. Snyder, 2010 ND 161. While the case was pending, an issue arose regarding the proposed findings of fact and conclusions of law submitted by the parties. The district court judge instructed the parties to electronically submit proposed findings of fact and conclusions of law to the court. Id. at ¶ 15. Each party electronically submitted its proposed findings of fact and conclusions of law, but neither party filed them with the clerk of court; therefore, the proposed findings of fact and conclusions of law were not part of the record on appeal. Id. The Supreme Court issued an Order of Remand for the district court to supplement the record to include the proposed findings of fact submitted electronically by both parties. Id.
At the Supreme Court's request, staff prepared a proposed amendment to Rule 7.1(b)(2) to require that any proposed findings of fact and conclusions of law submitted to the district court by a party must also be filed with the clerk of court.
The proposed amendments to Rule 7.1 are attached along with a copy of the Supreme Court's Order of Remand in Snyder v. Snyder. The proposed amendments are highlighted.