TO: Joint Procedure Committee
FROM: Andy Forward
DATE: December 31, 2009
RE: Rule 64, N.D.R.Civ.P., Seizure of Property
Staff has prepared amendments to Rule 64 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 explanatory note to the rule includes citations to cases, which are still good law,
striking down state laws authorizing prejudgment remedies but not providing for prior notice
and hearing. The Committee may wish to discuss whether the citations are still needed.
The proposed amendments to Rule 64 are attached along with a copy of the
amendments to the federal rule.