TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 18, 2013
RE: Rule 8.2, N.D.R.Ct., Interim Orders in Domestic Relations Cases
Mr. McIntee's letter, which the committee referred to in discussing Rule 3.5, also included suggestions on amendments to Rule 8.2. The letter discusses Rule 8.2 requirement that notice must be given if a party wishes to cross-examine a person who provided testimony by affidavit. Mr. McIntee states that is makes sense to apply the notice requirement to cross-examination of non-party affiants, who would have no reason to attend the hearing, but that it does not make sense to apply the requirement to parties who will be at the hearing.
Mr. McIntee suggests that Rule 8.2 be amended to allow parties to be cross-examined at
hearings regardless of whether notice has been given on intent to cross-examine. A draft
Rule 8.2 proposal containing the suggested amendments are attached.