M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 8.2, N.D.R.Ct.; Interim Orders in Domestic Relations Cases
The Supreme Court has referred two petitions from Judge Wefald to the Joint Procedure Committee for amendments to N.D.R.Ct. 8.2. The first petition seeks an amendment prohibiting an interim order from being amended except upon stipulation of the parties or upon a showing of the gravest necessity. To make a showing of the gravest necessity, a party must move for leave to file a motion to amend an interim order. The purpose of the amendment is to discourage motions to amend interim orders.
The second petition seeks an amendment eliminating the requirement for non-party affiants to be present at a hearing on an interim order. Judge Wefald states there is not time at the hearing to cross-examine every affiant and requiring their presence is a waste of their time. Under the amendment, counsel would have to request the presence of an affiant at the hearing for cross-examination.