N.D.R.Ct. 8.3Effective March 1, 2008Amended Effective August 1, 2009
(a)
Compulsory meeting. Within 30 days after service of the complaint, the parties and their
attorneys shall meet in person or by electronic means to prepare a joint informational
statement (in the form shown in appendix C) and a preliminary property and debt listing.
The complaint and joint informational statement must be filed no later than 5 days after the
compulsory meeting. The parties shall exchange information and documentary evidence
relating to the existence and valuation of assets and liabilities. At a minimum, the parties
shall be prepared to exchange current paystubs, employment and income information, tax
returns, preliminary pension information, and asset, debt and expense documentation. The
parties shall determine at the meeting what additional information is necessary in order to
complete the case. The parties shall decide at the meeting whether alternative dispute
resolution methods are appropriate.
(b) Scheduling order. Within 30 days after the informational statement is filed, the court
shall issue its scheduling order. The court may issue the order after either a telephone or in-court
scheduling conference, or without a conference or hearing if none is needed. The
scheduling order may establish any of the following deadlines:
(2) Specific dates for serving, filing, or hearing motions;
(3) Specific dates for completion of mediation/alternative dispute resolution;
(4) A specific date for the parties to complete parent/divorce education;
(5) A specific date for filing the property and debt listing;
(6) Specific dates for completion of parenting (7) A specific date by which the parties will be prepared for the pretrial conference;
(8) A specific date by which the parties will be prepared for the trial; (9) A specific date for identification of witnesses and documents; and
(10) A specific date by which the parties will submit the parenting plans.
(c) Pretrial conferences.
(2) Unless excused by the court for good cause, the parties and attorneys who will try the
proceedings shall attend the pretrial conference, prepared to discuss settlement. If a
stipulation is reduced to writing prior to the pretrial conference, the case may be heard as a
default at the time scheduled for the conference. In that event, only one party need appear.
If a party fails to appear at a pretrial conference, the court may dispose of the proceedings
without further notice to that party.
(3) If the parties are unable to resolve the case, in whole or in part, at the pretrial
conference, the court shall issue an order concerning any remaining discovery and motions,
and identifying the contested issues for trial.
(4) Unless otherwise ordered, at least 10 days before trial, the parties shall file a joint
property and debt listing substantially in the form set forth in appendix E. Each asset or
liability must be numbered separately. EXPLANATORY NOTE
Rule 8.3 was amended, effective March 1, 1986; August 1, 1996; March 1, 2008;
August 1, 2009.
Paragraph (b)(8) was amended, March 1, 2008, to delete a reference to the note of issue
and certificate of readiness.
SOURCES: Joint Procedure Committee Minutes of May 21-22, 2009, pages ___; April 26-27, 2007, pages 14-15;
January 25-26, 1996, pages 3-6; September 28-29, 1995, pages 3-11; June 22, 1984, page
10.
(1) Specific dates for the completion of discovery and other pretrial preparations;
custody/visitation
evaluation;
and
(1) Each party shall complete a pretrial conference statement substantially in the form set
forth in appendix D which must be served upon all parties and filed with the court at least
10 days prior to the date of the pretrial conference.