TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 52, N.D.R.Civ.P., Findings by the Court
Staff has prepared amendments to Rule 52 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 substance of the second sentence of subdivision (b) is moved to new paragraph (a)(5) under the proposal. An explanation of this move along with other significant (but not seemingly substantive) language changes can be found in the Committee Note to the federal amendments, which is attached.
The proposed amendments to Rule 52 are attached along with a copy of the amendments
to the federal rule.