TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 59, N.D.R.Civ.P., New Trials - Amendment of Judgments
Staff has prepared amendments to Rule 59 based on the time computation amendments made to the federal rules. The principal simplifying innovation is to count all days, including intermediate weekends and holidays, in computing time periods under the procedural rules. Under the previous rules, intermediate weekends and holidays were omitted when computing short periods but included when computing longer periods. Under the amended rules, intermediate weekends and holidays are counted regardless of the length of the specified period.
To further simplify time-counting, the federal advisory committees proposed changing most periods of less than 30 days to multiples of 7 days. The advisory committees adopted 7, 14, 21, and 28-day periods when possible, so that deadlines will usually fall on weekdays.
In subdivision (i), line 82, the time period for a court to order a new trial on its own was increased from 15 to 28 days after notice of entry of judgment.
In subdivision (j), line 88, the time period for a party to file a motion to alter or amend a judgment was increased from 15 to 28 days after notice of entry of judgment.
The proposed amendments to Rule 59 are attached. The proposed amendments are highlighted.