TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 18, 2013
RE: Rule 8.3, N.D.R.Ct., Case Management (Divorce Cases)
Mr. McIntee's letter, which the committee referred to in discussing Rule 3.5 and Rule 8.2, also included suggestions on amendments to Rule 8.3. The letter discusses Rule 8.3 joint property and debt listing requirement. Mr. McIntee states that parties do not cooperate very much in drafting this document and that the time deadlines imposed by the rule are often ignored.
Mr. McIntee suggests that Rule 8.3 be amended to require the plaintiff to prepare a draft property and debt listing and to provide it to the defendant at least 21 days before the hearing. The idea is the defendant would then be able to make additions and corrections so that the document could be finalized by 14 days before the hearing, when the rule requires it to be submitted. Mr. McIntee alternatively suggests that some mechanism be imposed that would require the parties to work together on the document in the 30 days before the 14 day deadline for submission.
A draft Rule 8.3 proposal containing Mr. McIntee's "21-day" suggestion is attached. The
committee may wish to review his comments and the experience of family law attorneys on
the committee to determine the appropriate approach.