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 submitted a proposal, attached, for amending Rule 8.4.
The Committee decided to delay consideration of Hermanson's proposal to allow member of the bar to submit comments. Staff received one comment from David Boeck, who supported Hermanson's proposal but suggested that language in capital letters be changed for the sake of readability. The attached proposal incorporates Boeck's suggestion.
The crux of Hermanson's proposal is to add a special summons requirement to the rule, which would apply in custody cases. Parties would be required to keep their children in the state while the action is pending.
Hermanson proposes language for the requirement 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.