TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 8.4, N.D.R.Ct., Summons in Action for Divorce or Separation
Attorney Valeska Hermanson has submitted a proposal, attached, for amending Rule 8.4. She suggests that a special summons requirement be created in custody cases which would require the parties to keep their children in the state while the action is pending.
Hermanson proposes language for the requirement that is based on the existing language for the summons in a divorce case. In her letter, which is included with the Rule 3.2 material, she explains that requirement is justified for reasons of jurisdiction and as a practical matter.
A Rule 8.4 draft containing Hermanson's proposed amendments is attached.