RULE 7.1 JUDGMENTS, ORDERS AND DECREES
1 (a) Preparation of Orders and Decrees-Presentation of Drafts. Whenever the
2 court makes a ruling other than in the course of trial, the attorney for the prevailing
3 party must prepare and present to the court the order, order for judgment, or decree
4 to be entered, unless the court directs otherwise. All proposed orders and
5 judgments must be filed with the clerk.
6 (b) Preparation of Findings of Fact,
and Conclusions of Law and
8 (1) Preparation by One or More Parties. Preparation of proposed findings of
9 fact and conclusions of law under N.D.R.Civ.P. 52(a) or a proposed judgment may
10 be assigned by the court to one or more parties. Any findings of fact,
11 conclusions of law or proposed judgment prepared by one or more parties must be
12 served upon all other parties for review and comment. The other parties may serve
13 a response in writing, within 14 days of service, or such other time as the court, in
14 its discretion, may allow. All proposed findings of fact and conclusions of law or
15 proposed judgments must be filed with the clerk. The court must thereafter enter
16 findings of fact,
and conclusions of law or judgment as it may deem consider
18 (2) Preparation by Court. If the court chooses to prepare its own findings of
19 fact and conclusions of law, the parties may, in the discretion of the court, be
20 allowed to submit and file proposed findings of fact and conclusions of law within
21 the time specified by the court for that purpose. The court may consider such
22 proposed findings of fact and conclusions of law submitted and filed by the
23 parties, and may adopt, modify, or reject any proposed findings of fact or
24 conclusion of law regardless of who submitted and filed it with the court.
25 (3) Amendment of Findings. Nothing contained in this Rule of Court affects
26 the right of any party to move the court for an order amending the findings of fact
27 finally entered by the court or to make additional findings, under N.D.R.Civ.P.
29 (c) If a party prepares documents under this rule, copies must be served
30 upon all other parties.
31 (d) Satisfaction of Judgment for Money When Judgment Creditor Cannot
32 Be Found.
33 (1) Satisfaction by Motion. A judgment for money may be satisfied by the
34 court, if no execution is outstanding and the time for appeal has expired, as
36 (A) The judgment debtor may file a motion for satisfaction with the court,
37 supported by an affidavit executed by the judgment debtor or the judgment debtor's
38 attorney stating the following:
39 (i) the amount of the original judgment and the judgment balance, and
40 accrued interest and costs due the judgment creditor;
41 (ii) that after the exercise of due diligence the judgment creditor and the
42 judgment creditor's attorney cannot be found or that the judgment creditor or the
43 judgment creditor's attorney has failed or refused to deliver a satisfaction of
44 judgment upon being tendered or paid the amount due; and
45 (iii) that notice of the motion has been sent by mail or third-party
46 commercial carrier to the judgment creditor and the judgment creditor's attorney at
47 their respective last-known addresses.
48 (B) Upon granting the motion, the court
shall must enter an order directing
49 the clerk to receive the amount due on the judgment with accrued interest and costs
50 for the judgment creditor. After payment, the court must enter an order satisfying
51 the judgment and showing the amount deposited with the clerk.
52 (C) For purposes of this rule, the word "judgment" includes a decree for
53 payment of money upon which execution could issue.
54 (2) Satisfaction by Affidavit. A judgment for money may be satisfied by the
55 clerk of the court in which the judgment was rendered, if no execution is
56 outstanding and the time for appeal has expired, as follows:
57 (A) The judgment debtor or the judgment debtor's attorney may execute and
58 file an affidavit for satisfaction with the clerk stating the following:
59 (i) the amount of the original judgment and the judgment balance, and
60 accrued interest and costs due the judgment creditor;
61 (ii) that the judgment debtor desires to pay the amount due on the judgment;
63 (iii) that after the exercise of due diligence the judgment creditor and the
64 judgment creditor's attorney cannot be found or that the judgment creditor or the
65 judgment creditor's attorney has failed or refused to deliver a satisfaction of
66 judgment upon being tendered the amount due.
67 (B) Upon receipt of the affidavit and payment of the amount due on the
68 judgment with accrued interest and costs for the judgment creditor, the clerk must:
69 (i) note satisfaction of the judgment on the judgment docket and on the
70 register of the action in which the judgment was entered;
71 (ii) execute under the seal of the court and deliver to the judgment debtor a
72 certificate reciting that the amount paid in satisfaction of the judgment, with
73 accrued interest and costs, has been received and that the judgment has been fully
74 paid and satisfied; and
75 (iii) notify all persons of record in the action appearing to have any interest
76 in, or lien upon, the judgment, including the attorney of record for the original
77 judgment creditor, that the clerk has received the amount due on the judgment and
78 that the judgment has been satisfied of record.The notice must be in writing and
79 must be given by certified or registered mail to the last-known post office address
80 of each of the persons entitled to receive the notice.The clerk must file the receipts
81 for mailing the notice with the other papers in the action.
82 (C) Upon demand, the clerk must pay the amount received in satisfaction of
83 the money judgment, with accrued interest and costs, to the person entitled to
84 receive payment of the judgment amount.The clerk must take duplicate receipts for
85 payment, one to be held by the clerk and one to be filed with the other papers in
86 the action.
87 (D) A satisfaction of judgment entered by a clerk before the time for appeal
88 has expired is void and without prejudice to a judgment creditor or the judgment
89 creditor's assigns.
90 EXPLANATORY NOTE
91 Rule 7.1 was amended, effective March 1, 1994; March 1, 1999; March 1,
92 2003; March 1, 2011;___________________.
93 Rule 7.1 was amended, effective March 1, 1994, in response to GeoStar
94 Corp. v. Parkway Petroleum, Inc., 495 N.W.2d 61, 65-66 (N.D. 1993) and
95 Disciplinary Action Against Wilson, 461 N.W.2d 105 (N.D. 1990). The
96 amendment to subdivision (a) requires the prevailing party to prepare a draft of the
97 order or decree whenever the court makes a ruling other than in the course of trial.
98 Former subdivision (a) also required the prevailing party to prepare drafts of the
99 order, order for judgment, or decree to be entered, whenever the court made a final
100 determination in an action.
101 Rule 7.1 was amended, effective March 1, 2011, to require a party who
102 submits proposed orders, judgments, findings of fact or conclusions of law to the
103 court to file these proposals with the clerk.
104 New subdivisions (b) and (c) were added. Former subdivision (b) was
105 changed to subdivision (d). New subdivision (b) concerns the preparation of
106 findings of fact and conclusions of law under Rule 52(a), N.D.R.Civ.P. New
107 subdivision (c) was added to provide notice to all parties and to prevent ex parte
108 contact with the court.
109 Paragraph (b)(1) was amended, effective March 1, 2011, to increase the
110 time to serve a response to proposed findings of fact and conclusions of law from
111 10 to 14 days.
112 Paragraph (b)(1) was amended, effective_____________, to include
113 proposed judgments among the items covered by the rule.
114 Subdivision (d) was amended, effective March 1, 1999, to allow a notice of
115 the motion to satisfy to be sent via commercial carrier as an alternative to mail.
116 Subdivision (d) was amended, effective March 1, 2003, to incorporate the
117 provisions of N.D.C.C. § 28-20-28, which permit a money judgment to be satisfied
118 upon payment of the amount due to the clerk of the court in which the judgment
119 was rendered without filing a motion for satisfaction with the court.The
120 amendments permit a judgment debtor to satisfy a judgment for money by either
121 filing a written motion for satisfaction with the court and paying the amount due
122 upon entry of an order of satisfaction, or by paying the amount due to the clerk and
123 receiving from the clerk a certificate of satisfaction.
124 SOURCES: Joint Procedure Committee Minutes of ______________;
125 September 23-24, 2010, page 26; April 29-30, 2010, page 21; January 24-25, 2002,
126 pages 5-7; September 27-28, 2001, page 18; January 29-30, 1998, page 22; April
127 29-30, 1993, page 11; January 28-29, 1993, pages 9-10.
128 STATUTES AFFECTED:
129 SUPERSEDED: N.D.C.C. § 28-20-28.
130 CROSS REFERENCE: N.D.R.Civ.P. 52 (Findings by the Court) and
131 N.D.R.Civ.P. 60 (Relief From Judgment of Order).