TO: Joint Procedure Committee
FROM: Andy Forward
DATE: September 10, 2009
RE: Rule 55, N.D.R.Civ.P., Default; Default Judgment
Staff has prepared amendments to Rule 55 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.
Subdivision (a) is a combination of the first two subdivisions of the federal rule. The changes proposed in Paragraphs (a)(1) and (a)(3) are similar to the federal changes. Paragraphs (a)(2) and (a)(4) differ from the federal rule. The amendments are based on general form and style principles to make the paragraphs more easily understood.
Subdivision (b) was deleted from the federal rule. The Committee may wish to discuss whether it wants to retain subdivision (b) it is not included in the proposed amendments.
The proposed amendments to Rule 55 are attached along with a copy of the amendments to the federal rule.