TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 5, 2016
RE: Rule 55, N.D.R.Civ.P., Default; Default Judgment; Rule 64, N.D.R.Civ.P., Seizing Property
Fed.R.Civ.P. 55(c) was amended December 1, 2015. We have not adopted this subdivision in our Rule 55 so no change to the Rule 55 text is proposed.
The Rule 55 explanatory note at lines 55-60 contains a discussion of the federal Soldiers' and Sailors' Civil Relief Act. This act has been renamed the Servicemembers' Civil Relief Act and has moved to a different part of the U.S. Code. Proposed amendments updating the Rule 55 explanatory note to reflect these changes are attached.
The Rule 64 explanatory note at lines 25-30 also contains a discussion of this act and similar proposed amendments to update the note are attached.