Palmer v. State

1 Citing case

  1. Riak v. State

    2015 N.D. 120 (N.D. 2015)   Cited 12 times

    [¶ 8] This Court has treated motions for reconsideration as either motions to alter or amend a judgment under N.D.R.Civ.P. 59(j), or as motions for relief from a judgment or order under N.D.R.Civ.P. 60(b). See Waslaski v. State, 2013 ND 70, ¶ 7, 830 N.W.2d 228; Bay v. State, 2003 ND 183, ¶ 4, 672 N.W.2d 270; see also Palmer v. State, 2012 ND 237, ¶¶ 5–9, 824 N.W.2d 406. Here, Riak moved the district court to reopen his application on March 7, 2014, after the court dismissed the application “without prejudice” on November 22, 2013. Riak contends that his motion was appropriate to provide relief from the November 2013 dismissal order under N.D.R.Civ.P. 60(b)(1) (“mistake, inadvertence, surprise, or excusable neglect”) and N.D.R.Civ.P. 60(b)(6) ( “any other reason that justifies relief”).