TO: Joint Procedure Committee
FROM: Andy Forward
DATE: April 1, 2010
RE: Rule 68, N.D.R.Civ.P., Offer of Settlement or Confession of Judgment. Tender
Staff has prepared amendments to Rule 68 based on the federal form and style amendments. The amendments are intended to 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.
At the January meeting, staff was instructed to prepare form and style amendments, while retaining the existing language regarding offer of settlement. Subdivisions (a) - (d) are similar to federal rule. Subdivisions (e) - (g) are not contained in the federal rule; therefore, form and style changes are proposed. The proposed amendments to Rule 68 are attached along with a copy of the amendments to the federal rule.