TO: Joint Procedure Committee
FROM: Andy Forward
DATE: September 10, 2009
RE: Rule 59, N.D.R.Civ.P., New TrialsAmendment of Judgments
Staff has prepared amendments to Rule 59 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 existing rule and the federal rule are substantially different, except for subdivision (i) and federal rule subdivision (d). Form and style changes are proposed.
The federal rule is also scheduled to be amended effective December 1, 2009. The amendments make the following changes to the federal rule:
(1) subdivision (d) allows for 28 days, rather than 10, for a court to order a new trial on its own motion; and
(2) subdivision (e) allows for 28 days, rather than 10, to file a motion to alter or amend a judgment.
The Advisory Committee Notes state that in many cases it is not possible to prepare a satisfactory post-judgment motion in 10 days. The Committee may wish to discuss whether it wants to amend subdivisions (i) and (j) of the existing rule by changing the 15 day time period.
The proposed amendments to Rule 59 are attached along with a copy of the amendments to the federal rule. A copy of the December 1, 2009 amendments to the federal rule are also attached.