RULE 7.1 JUDGMENTS, ORDERS AND DECREES

Obsolete Date: 3/1/2003

(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 Procedure 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 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 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; and

c. 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.

(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.