TO: Joint Procedure Committee
FROM: Andy Forward
DATE: August 5, 2010
RE: Rule 55, N.D.R.Civ.P., Default
At the January 2008 meeting, the Committee approved amendments to Rule 13 on counterclaim and crossclaim. Among the amendments was the deletion and transfer of paragraph (c)(2) to Rule 55. It was proposed that paragraph (c)(2) be moved to Rule 55 since the situation it addresses could only occur in a default judgment case.
At the September 2009 meeting, the Committee approved form and style amendments to Rule 55. Paragraph (c)(2) from Rule 13 however, was not transferred to Rule 55. Staff has transferred paragraph (c)(2) to Rule 55 as subparagraph (a)(1)(B). Some form and style changes are also proposed.
The proposed amendments to Rule 55 are attached, along with a copy of Rule 13. The proposed amendments are highlighted.