TO: Joint Procedure Committee
FROM: Andy Forward
DATE: September 10, 2009
RE: Rule 60, N.D.R.Civ.P., Relief From Judgment or Order
Staff has prepared amendments to Rule 60 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 nearly identical, except for except for minor changes to conform to the court system of North Dakota and some additional unique language contained in subdivision (b) of the existing rule. Proposed subdivision (c) retains language regarding obtaining leave from an appellate court to make a motion for relief. The proposed subdivision also retains language providing that a motion for relief for reasons (1), (2), and (3) be made not more than one year after notice of entry of the judgment or order except for default judgments the time starts to run from the date of entry.
The proposed amendments to Rule 60 are attached along with a copy of the amendments to the federal rule.