TO: Joint Procedure Committee
FROM: Andy Forward
DATE: September 10, 2009
RE: Rule 62, N.D.R.Civ.P., Stay of Proceedings to Enforce a Judgment
Staff has prepared amendments to Rule 62 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.
Subdivisions (f), (g), (h), (i), (j), (k), and (n) are not contained in the federal rule. Therefore, the amendments are based on general form and style principles to make the subdivisions more easily understood.
Subdivision (a) of the federal rule is scheduled to be amended on December 1, 2009. The proposed amendment increases the automatic stay from 10 days to 14 days. The Committee may wish to discuss whether it wants to increase the length of the automatic stay.
The proposed amendments to Rule 62 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.