TO: Joint Procedure Committee
FROM: Andy Forward
DATE: September 10, 2009
RE: Rule 8.2, N.D.R.Ct., Interim Orders In Domestic Relations Cases
Staff has prepared amendments to Rule 8.2 based on a suggestion from the North Dakota Supreme Court. The amendments are intended to provide a mandatory hearing within 30 days of the issuance of an ex parte interim order. Currently, Rule 8.2(a)(5) provides for an optional hearing if the party to whom the order is directed requests a hearing. There was a concern parties may use Rule 8.2 to get a change of custody without having a hearing.
The proposed amendments to Rule 8.2 are attached.