M E M O
TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 8.5, N.D.R.Ct.; Domestic Relations Summary Proceedings
Judge Bohlman has pointed out that N.D.R.Ct. 8.5 is set to expire on March 1, 2003. Therefore, the Committee may wish to review the rule and consider whether extending and/or amending the rule are appropriate.
The rule was adopted October 1, 1996, with an expiration date of October 1, 2001. The Committee approved extension of the rule to March 2003 at its April 2001 meeting. At that time, the Committee also approved an amendment to paragraph (a)(2) of the rule, raising the non-homestead assets ceiling for use of the rule from ten to twenty thousand dollars.
At its April 2001 meeting, the Committee also recommended that a task force be formed to gather information about the effectiveness of the rule. This does not appear to have been done, likely because of Committee staff changes in 2001. Staff has surveyed court administrative officials regarding the effectiveness of the rule, and their responses are included with the meeting material.
Responses to staff's survey were received from four judicial districts. The Northeast Central uses the rule and would like to see it extended. The Northeast has decided it wants to try the rule. The East Central and South Central do not use the rule and the administrators do not seem to think the rule would be helpful in their districts.