RULE 8.4 SUMMONS IN ACTION FOR DIVORCE,
OR SEPARATION OR
(a) Restraining Provisions - Divorce or Separation. A summons in a divorce or separation action must be issued by the clerk under the seal of the court, or by an attorney for a party to the action, and include the following restraining provisions:
(1) Neither spouse
shall may dispose of, sell, encumber, or
otherwise dissipate any of the
parties' assets, except:
a. (A) For necessities of life or for the necessary generation of
income or preservation of
b. (B) For retaining counsel to carry on or to contest the
If a spouse disposes of, sells, encumbers, or otherwise dissipates assets during the interim period, that spouse shall provide to the other spouse an accounting within 30 days.
(2) Neither spouse
shall may harass the other spouse.
(3) All currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.
Neither Except for temporary periods, neither spouse
shall may remove any of their
minor children from North Dakota without the written consent of the other spouse or order
of the court except for temporary periods.
(5) Each summons must include the following statement in bold print
. IF EITHER
SPOUSE VIOLATES ANY OF THESE PROVISIONS, THAT SPOUSE MAY BE IN
CONTEMPT OF COURT : If either spouse violates any of these provisions, that
be in contempt of court.
(b) Restraining Provisions - Custody. A summons in a custody action must be issued by the clerk under seal of the court, or by an attorney for a party to the action, and include the following restraining provisions:
(1) Except for temporary periods, neither party may remove any of their minor children from North Dakota without the written consent of the other party or order of the court.
(2) Each summons must include the following statement in bold print: If a party violates any of these provisions, that party may be in contempt of court.
(b) (c) Applicability of Restraining Provisions. The restraining
provisions contained in the
summons apply to both spouses parties upon service of the summons.
The provisions are
effective until otherwise provided by court order or by written stipulation of the parties filed
with the court.
Rule 8.4 was amended, effective March 1, 2007.
Rule 8.4 was adopted, effective March 1, 1996.
Subdivision (c) was added, effective March 1, 2007, to require restraining provisions to be included in a summons in a custody matter.
SOURCES: Joint Procedure Committee Minutes of April 27-28, 2006, pages 9-10; January 26, 2006, page 13; April 27-28, 1995, pages 17-21.
CROSS REFERENCE: Appendix A (Summons in Action for Divorce or Separation) N.D.R.Ct.