TO: Joint Procedure Committee
FROM: Andy Forward
DATE: December 31, 2009
RE: Rule 77, N.D.R.Civ.P., District Courts and Clerks
Staff has prepared amendments to Rule 77 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.
In the amendments, the term “matter” is used on line 25. “Matter” replaced the phrase
“motions and applications,” which is used on line 17. The Committee may wish to discuss
whether it wants to retain the use of the phrase “motions and applications” instead of “matter.”
The proposed amendments to Rule 77 are attached along with a copy of the
amendments to the federal rule.