TO: Joint Procedure Committee
FROM: Andy Forward
DATE: December 31, 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 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.