RULE 8.4 SUMMONS IN ACTION FOR DIVORCE, SEPARATION OR TO DETERMINE PARENTAL RIGHTS AND RESPONSIBILITIES
1 (a) Restraining Provisions -- Divorce or Separation. A summons in a
2 divorce or separation action must be issued by the clerk
under the seal of
3 or by an attorney for a party to the action, and include the following restraining
5 (1) Neither spouse may dispose of, sell, encumber, or otherwise dissipate
6 any of the parties' assets, except:
7 (A) For necessities of life or for the necessary generation of income or
8 preservation of assets; or
9 (B) For retaining counsel to carry on or to contest the proceeding;
10 If a spouse disposes of, sells, encumbers, or otherwise dissipates assets
11 during the interim period, that spouse shall provide to the other spouse an
12 accounting within 30 days.
13 (2) Neither spouse may harass the other spouse.
14 (3) All currently available insurance coverage must be maintained and
15 continued without change in coverage or beneficiary designation.
16 (4) Except for temporary periods, neither spouse may remove any of their
17 minor children from North Dakota without the written consent of the other spouse
18 or order of the court.
19 (5) Each summons must include the following statement in bold print:
20 If either spouse violates any of these provisions, that spouse may be in
21 contempt of court.
22 (b) Restraining Provisions--Action to Determine Parental Rights and
23 Responsibilities. A summons in an action to determine parental rights and
24 responsibilities must be issued by the clerk
under seal of the
court, or by an
25 attorney for a party to the action, and include the following restraining provisions:
26 (1) Except for temporary periods, neither party may remove any of their
27 minor children from North Dakota without the written consent of the other party or
28 order of the court.
29 (2) Each summons must include the following statement in bold print:
30 If a party violates any of these provisions, that party may be in contempt of
32 (c) Applicability of Restraining Provisions. The restraining provisions
33 contained in the summons apply to both parties upon service of the summons. The
34 provisions are effective until otherwise provided by court order or by written
35 stipulation of the parties filed with the court.
36 (d) Service by Publication. If a summons is served by publication under
37 N.D.R.Civ.P. 4(e), the Rule 8.4 restraining provisions may be omitted from the
38 published summons. A complete summons, including the Rule 8.4 restraining
39 provisions, must be filed with the complaint and affidavit for service by
40 publication in the manner set out in N.D.R.Civ.P. 4(e)(2) and mailed under
41 N.D.R.Civ.P. 4(e)(4).
42 EXPLANATORY NOTE
43 Rule 8.4 was amended, effective March 1, 2007; August 1, 2009; March 1,
44 2014; March 1, 2017.
45 Rule 8.4 was adopted, effective March 1, 1996.
46 Subdivisions (a) and (b) were amended, effective March 1, 2017, to
47 eliminate the requirement that the clerk issue a summons "under the seal of the
49 Subdivision (c) was added, effective March 1, 2007, to require restraining
50 provisions to be included in a summons in an action to determine parental rights
51 and responsibilities.
52 Subdivision (d) was added, effective March 1, 2014, to allow omission of
53 this rule's restraining provisions from the published version of a summons served
54 under N.D.R.Civ.P. 4(e).
55 SOURCES: Joint Procedure Committee Minutes of September 24-25, 2015,
56 pages 27-28; September 26, 2013, page 30; May 21-22, 2009, pages 44-45; April
57 27-28, 2006, pages 9-10; January 26, 2006, page 13; April 27-28, 1995, pages 17-
59 CROSS REFERENCE: N.D.R.Ct. Appendix A (Summons in Action for
60 Divorce or Separation); N.D.R.Civ.P. 4 (Commencement of Action Service of
61 Process, Pleadings, Motions and Orders).