TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 8.5, N.D.R.Ct., Domestic Relations Summary Proceeding
Staff has prepared amendments to Rule 8.5 based on the time computation amendments made to the federal rules. The principal simplifying innovation is to count all days, including intermediate weekends and holidays, in computing time periods under the procedural rules. Under the previous rules, intermediate weekends and holidays were omitted when computing short periods but included when computing longer periods. Under the amended rules, intermediate weekends and holidays are counted regardless of the length of the specified period.
To further simplify time-counting, the federal advisory committees proposed changing most periods of less than 30 days to multiples of 7 days. The advisory committees adopted 7, 14, 21, and 28-day periods when possible, so that deadlines will usually fall on weekdays.
In subdivision (b), line 14, the time period to hold the initial hearing was increased from 10 to 14 days after service of the order of appearance.
In subdivision (c), line 18, the time period for the defendant to serve and file an answer and financial affidavit was increased from 20 to 21 days after service of the order for appearance. The Committee may also want to amend the two-day time period to file an answer and financial affidavit before the initial hearing.
In subdivision (d), line 23, the time period for a party to elect to use a non-summary proceeding was changed from 15 to 21 days before the final hearing.
Some form and style amendments were also proposed.
The proposed amendments to Rule 8.5 are attached.