Zepeda v. Cool

Citations

• 963 N.W.2d 282
• 2021 ND 146

Syllabus

Before dismissing an action for failure to prosecute under N.D.R.Civ.P. 41(b), a district court must consider several competing factors including a court's need to manage its docket, the public interest in expeditious resolution of litigation, and the risk of prejudice to adverse parties from delay. The court must balance these factors against the great reluctance to impose the harsh remedy of dismissal based upon our policy favoring disposition of cases on their merits. A district court's decision to dismiss a claim for failure to prosecute will not be overturned absent an abuse of discretion. While North Dakota law does not formally recognize motions to reconsider, motions for reconsideration may be treated as motions to alter or amend a judgment under N.D.R.Civ.P. 59(j), or motions for relief from a judgment under N.D.R.Civ.P. 60(b).