RULE 8.4 SUMMONS IN ACTION FOR DIVORCE,
OR SEPARATION OR CUSTODY
(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 assets; or b. (B) For retaining counsel to carry on or to contest the proceeding.
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.
(4) 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.
(c) Restraining ProvisionsCustody. 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) 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 except for temporary periods.
(2) Each summons must include the following statement in bold print. IF EITHER 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__________.
Rule 8.4 was adopted, effective March 1, 1996.
Subdivision (c) was added, effective ____________, to require restraining provisions to be included in summons in custody matters.
SOURCES: Joint Procedure Committee Minutes of ___________ pages ____; April 27-28, 1995, pages 17-21.
CROSS REFERENCE: N.D.R.Ct. Appendix A (Summons in Action for Divorce or Separation).