Motion to Reconsider/Vacate (Summary Judgment) in North Dakota

Background

“Rule 60(b), N.D.R.Civ.P., governs the trial court's authority to vacate a judgment.” (See Gepner v. Fujicolor Processing (2001) 637 N.W.2d 681, 684.)

“On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment or order in any action or proceeding for the following reasons: (i) mistake, inadvertence, surprise, or excusable neglect.” (See id.)

General Information for Complaints and Motions

“A motion under N.D.R.Civ.P. 59(j) may be used to ask the court to reconsider its judgment and correct errors of law.” (See Flaten v. Couture (2018) 912 N.W.2d 330, 338.)

“This Court has emphasized that N.D.R.Civ.P. 60(b) is to be liberally construed and applied, and trial courts should be more lenient in granting motions to vacate default judgments than in vacating judgments in cases which have been tried on their merits.” (See Gepner v. Fujicolor Processing (2001) 637 N.W.2d 681, 685.)

However, “while our rules do provide for a motion to reconsider, where appropriate, we have treated such motions as motions to alter or amend the judgment under N.D.R.Civ.P. 59(j), which may be reversed if the [district] court misinterpreted or misapplied the law.” (See Langer v. Pender (2009) 764 N.W.2d 159, 163.)

Standard of Review and Burdens of Proof

“A motion to vacate a judgment under N.D.R.Civ.P. 60(b)(i) lies within the sound discretion of the trial court, and its decision will not be disturbed on appeal unless the court has abused its discretion.” (See Gepner v. Fujicolor Processing (2001) 637 N.W.2d 681, 684.)

“An abuse of discretion by the trial court is never assumed; the burden is on the party seeking relief to affirmatively establish it.” (See id.)

“The trial court abuses its discretion only when it acts in an arbitrary, unreasonable, or unconscionable manner.” (See id.)

“A trial court acts in an arbitrary, unreasonable, or unconscionable manner when its decision is not the product of a rational mental process by which the facts and law relied upon are stated and considered together for the purpose of achieving a reasoned and reasonable determination.” (See id.) 

“We will not overturn the trial court's decision merely because it is not the one we may have made if we were deciding the motion.” (See id.)

The Court’s Decisions

It is well settled that “issues presented for the first time to a trial court in a new trial motion are generally too late to be considered to make a new rule of law or to refine an existing rule.” (See Watts v. Magic 2 X 52 Mgmt., Inc. (2012) 816 N.W.2d 770, 774.)

It is also well settled that “the district court may decline to consider an issue or argument raised for the first time on a motion for reconsideration [under N.D.R.Civ.P. 59(j) ] if it could have been raised in earlier proceedings.” (See Flaten v. Couture (2018) 912 N.W.2d 330, 338.)