Obsolete Date: 3/1/1999
(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 shall prepare and present to the court the order, order for judgment, or decree to be entered, unless the court directs otherwise.
(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 Rule 52(a) of the North Dakota Rules of Civil Proceduremay be assigned by the court to one or more parties. Any findings of fact and conclusions of law prepared by one or more parties shall be served upon all other parties for review and comment. The other parties may serve a response in writing, within 10 days of service, or such other time as the court, in its discretion, may allow. The court shall 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 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 by the parties, and may adopt, modify, or reject any proposed findings of fact or conclusion of law regardless of who submitted it to 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 Rule 52(b) of the North Dakota Rules of Civil Procedure.
(c) If a party prepares documents under this rule, copies shall be served upon all other parties.
(d) Satisfaction of Judgment for Money When Judgment Creditor Cannot Be Found.
(1) Motion to Satisfy. A judgment for money, if no execution is outstanding and the time for appeal has expired, may be satisfied by the court upon written motion of the debtor supported by affidavit stating:
a. the amount, the judgment balance, accrued interest, and costs;b. that after the exercise of due diligence the judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney has failed or refused to deliver a satisfaction of judgment upon being tendered the amount due; andc. that notice of the motion has been sent by mail to the judgment creditor and his attorney at their respective last known addresses.
(2) Order of Satisfaction. Upon granting the motion, the court shall enter an order directing the clerk to receive the amount of the judgment with accrued interest and costs for the judgment creditor. After payment, the court shall enter an order satisfying the judgment and showing the amount deposited with the clerk.
(3) Decrees. For purposes of this rule, the word judgment includes a decree for payment of money upon which execution could issue.
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.
Subdivision (b) was amended, effective March 1, 2021, to clarify that a party may file and serve a response to proposed findings of fact and conclusions of law.
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.
Rule 7.1 was amended, effective March 1, 2021, to delete the term “affidavit” and replace it with “declaration.” This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
SOURCES: Joint Procedure Committee Minutes of April 24, 2020, pages 4-5; September 26, 2019, pages 12-15; 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.
SUPERSEDED: N.D.C.C. § 28-20-28.
CONSIDERED: N.D.C.C. ch. 31-15.