RULE 7.1 JUDGMENTS, ORDERS AND DECREES

Effective Date: 3/1/2011

(a) Preparation of Orders and Decrees-Presentation of Drafts. Whenever the court makes a ruling other than in the course of trial, the attorney for the prevailing party must prepare and present to the court the order, order for judgment, or decree to be entered, unless the court directs otherwise. All proposed orders and judgments must be filed with the clerk.

(b) Preparation of Findings of Fact and Conclusions of Law.

(1) Preparation by One or More Parties. Preparation of proposed findings of fact and conclusions of law under N.D.R.Civ.P. 52(a)may be assigned by the court to one or more parties. Any findings of fact and conclusions of law prepared by one or more parties must be served upon all other parties for review and comment. The other parties may serve a response in writing, within 14 days of service, or such other time as the court, in its discretion, may allow. All proposed findings of fact and conclusions of law must be filed with the clerk. The court must thereafter enter findings of fact and conclusions of law as it may deem appropriate.

(2) Preparation by Court. If the court chooses to prepare its own findings of fact and conclusions of law, the parties may, in the discretion of the court, be allowed to submit and file proposed findings of fact and conclusions of law within the time specified by the court for that purpose. The court may consider such proposed findings of fact and conclusions of law submitted and filed by the parties, and may adopt, modify, or reject any proposed findings of fact or conclusion of law regardless of who submitted and filed it with the court.

(3) Amendment of Findings. Nothing contained in this Rule of Court affects the right of any party to move the court for an order amending the findings of fact finally entered by the court or to make additional findings, under N.D.R.Civ.P. 52(b).

(c) If a party prepares documents under this rule, copies must be served upon all other parties.

(d) Satisfaction of Judgment for Money When Judgment Creditor Cannot Be Found.

(1) Satisfaction by Motion. A judgment for money may be satisfied by the court, if no execution is outstanding and the time for appeal has expired, as follows:
(A) The judgment debtor may file a motion for satisfaction with the court, supported by an affidavit executed by the judgment debtor or the judgment debtor's attorney stating the following:
(i) the amount of the original judgment and the judgment balance, and accrued interest and costs due the judgment creditor;

(ii) that after the exercise of due diligence the judgment creditor and the judgment creditor's attorney cannot be found or that the judgment creditor or the judgment creditor's attorney has failed or refused to deliver a satisfaction of judgment upon being tendered or paid the amount due; and

(iii) that notice of the motion has been sent by mail or third-party commercial carrier to the judgment creditor and the judgment creditor's attorney at their respective last-known addresses.
(B) Upon granting the motion, the court shall enter an order directing the clerk to receive the amount due on the judgment with accrued interest and costs for the judgment creditor.After payment, the court must enter an order satisfying the judgment and showing the amount deposited with the clerk.

(C) For purposes of this rule, the word "judgment" includes a decree for payment of money upon which execution could issue.
(2) Satisfaction by Affidavit. A judgment for money may be satisfied by the clerk of the court in which the judgment was rendered, if no execution is outstanding and the time for appeal has expired, as follows:
(A) The judgment debtor or the judgment debtor's attorney may execute and file an affidavit for satisfaction with the clerk stating the following:
(i) the amount of the original judgment and the judgment balance, and accrued interest and costs due the judgment creditor;

(ii) that the judgment debtor desires to pay the amount due on the judgment; and

(iii) that after the exercise of due diligence the judgment creditor and the judgment creditor's attorney cannot be found or that the judgment creditor or the judgment creditor's attorney has failed or refused to deliver a satisfaction of judgment upon being tendered the amount due.
(B) Upon receipt of the affidavit and payment of the amount due on the judgment with accrued interest and costs for the judgment creditor, the clerk must:
(i) note satisfaction of the judgment on the judgment docket and on the register of the action in which the judgment was entered;

(ii) execute under the seal of the court and deliver to the judgment debtor a certificate reciting that the amount paid in satisfaction of the judgment, with accrued interest and costs, has been received and that the judgment has been fully paid and satisfied; and

(iii) notify all persons of record in the action appearing to have any interest in, or lien upon, the judgment, including the attorney of record for the original judgment creditor, that the clerk has received the amount due on the judgment and that the judgment has been satisfied of record.The notice must be in writing and must be given by certified or registered mail to the last-known post office address of each of the persons entitled to receive the notice.The clerk must file the receipts for mailing the notice with the other papers in the action.
(C) Upon demand, the clerk must pay the amount received in satisfaction of the money judgment, with accrued interest and costs, to the person entitled to receive payment of the judgment amount.The clerk must take duplicate receipts for payment, one to be held by the clerk and one to be filed with the other papers in the action.

(D) A satisfaction of judgment entered by a clerk before the time for appeal has expired is void and without prejudice to a judgment creditor or the judgment creditor's assigns.

Rule 7.1 was amended, effective March 1, 1994; March 1, 1999; March 1, 2003; March 1, 2011.

Rule 7.1 was amended, effective March 1, 1994, in response to GeoStar Corp. v. Parkway Petroleum, Inc., 495 N.W.2d 61, 65-66 (N.D. 1993) and Disciplinary Action Against Wilson, 461 N.W.2d 105 (N.D. 1990). The amendment to subdivision (a) requires the prevailing party to prepare a draft of the order or decree whenever the court makes a ruling other than in the course of trial. Former subdivision (a) also required the prevailing party to prepare drafts of the order, order for judgment, or decree to be entered, whenever the court made a final determination in an action.

Rule 7.1 was amended, effective March 1, 2011, to require a party who submits proposed orders, judgments, findings of fact or conclusions of law to the court to file these proposals with the clerk.

New subdivisions (b) and (c) were added. Former subdivision (b) was changed to subdivision (d). New subdivision (b) concerns the preparation of findings of fact and conclusions of law under Rule 52(a), N.D.R.Civ.P. New subdivision (c) was added to provide notice to all parties and to prevent ex parte contact with the court.

Paragraph (b)(1) was amended, effective March 1, 2011, to increase the time to serve a response to proposed findings of fact and conclusions of law from 10 to 14 days.

Subdivision (d) was amended, effective March 1, 1999, to allow a notice of the motion to satisfy to be sent via commercial carrier as an alternative to mail.

Subdivision (d) was amended, effective March 1, 2003, to incorporate the provisions of N.D.C.C. § 28-20-28, which permit a money judgment to be satisfied upon payment of the amount due to the clerk of the court in which the judgment was rendered without filing a motion for satisfaction with the court.The amendments permit a judgment debtor to satisfy a judgment for money by either filing a written motion for satisfaction with the court and paying the amount due upon entry of an order of satisfaction, or by paying the amount due to the clerk and receiving from the clerk a certificate of satisfaction.

SOURCES: Joint Procedure Committee Minutes of September 23-24, 2010, page 26; April 29-30, 2010, page 21; January 24-25, 2002, pages 5-7; September 27-28, 2001, page 18; January 29-30, 1998, page 22; April 29-30, 1993, page 11; January 28-29, 1993, pages 9-10.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. § 28-20-28.

CROSS REFERENCE: N.D.R.Civ.P. 52 (Findings by the Court) and N.D.R.Civ.P. 60 (Relief From Judgment of Order).

Effective Date Obsolete Date
03/01/2011 View
03/01/2003 03/01/2011 View
03/01/1999 03/01/2003 View
03/01/1994 03/01/1999 View