N.D.R.Ct.
RULE 8.3 CASE MANAGEMENT (DIVORCE CASES)
(a) Compulsory Meeting. Within 30 days after service of the
complaint, the parties and their
attorneys shall must meet in person or by electronic means to
prepare a joint informational
statement (in the form shown in appendix C) and a preliminary property and debt listing. The
complaint and joint informational statement must be filed no later than 5
seven days after the
compulsory meeting. The parties shall must exchange
information and documentary evidence
relating to the existence and valuation of assets and liabilities. At a minimum, the parties
shall must be prepared to exchange current pay stubs,
employment and income information,
tax returns, preliminary pension information, and asset, debt and expense documentation.
The parties shall must determine at the meeting what additional
information is necessary in
order to complete the case. The parties shall must decide at the
meeting whether alternative
dispute resolution methods are appropriate.
(b) Scheduling Order. Within 30 days after the informational statement
is filed, the court
shall must issue its scheduling order. The court may issue the
order after either a telephone
or in-court scheduling conference, or without a conference or hearing if none is needed. The
scheduling order may establish any of the following deadlines:
(1) Specific specific dates for the
completion of discovery and other pretrial preparations;
(2) Specific specific dates for
serving, filing, or hearing motions;
(3) Specific specific dates for
completion of mediation/alternative dispute resolution;
(4) A a specific date for the parties
to complete parent/divorce education;
(5) A a specific date for filing the
property and debt listing;
(6) Specific specific dates for
completion of parenting evaluation;
(7) A a specific date by which the
parties will be prepared for the pretrial conference;
(8) A a specific date by which the
parties will be prepared for the trial;
(9) A a specific date for
identification of witnesses and documents; and
(10) A a specific date by which the
parties will submit the parenting plans.
(c) Pretrial Conferences.
(1) Each party shall must complete a
pretrial conference statement substantially in the form
set forth in appendix D which must be served upon all parties and filed with the court at least
10 14 days prior to the date of the pretrial
conference.
(2) Unless excused by the court for good cause, the parties and
attorneys who will try the
proceedings shall must attend the pretrial conference, prepared
to discuss settlement. If a
stipulation is reduced to writing prior to the pretrial conference, the case may be heard as a
default at the time scheduled for the conference. In that event, only one party need appear.
If a party fails to appear at a pretrial conference, the court may dispose of the proceedings
without further notice to that party.
(3) If the parties are unable to resolve the case, in whole or in part, at
the pretrial
conference, the court shall must issue an order concerning any
remaining discovery and
motions, and identifying the contested issues for trial.
(4) Unless otherwise ordered, at least 10
14 days before trial, the parties shall must file a
joint property and debt listing substantially in the form set forth in appendix E. Each asset
or liability must be numbered separately.
EXPLANATORY NOTE
Rule 8.3 was amended, effective March 1, 1986; August 1, 1996; March 1, 2008; August 1, 2009; March 1, 2011.
Subdivision (a) was amended, effective March 1, 2011, to increase the time to file the complaint and joint informational statement from five to seven days after the compulsory meeting.
Paragraph (b)(8) was amended, March 1, 2008, to delete a reference to the note of issue and certificate of readiness.
Paragraph (c)(1) was amended, effective March 1, 2011, to change the time to serve a pretrial conference statement from 10 to 14 days before the date of the pretrial conference.
Paragraph (c)(4) was amended, effective March 1, 2011, to change the time to file a joint property and debt listing from 10 to 14 days before trial.
Sources: Joint Procedure Committee Minutes of April 29-30, 2010, page 21; May 21-22, 2009, pages 44-45; April 26-27, 2007, pages 14-15; January 25-26, 1996, pages 3-6; September 28-29, 1995, pages 3-11; June 22, 1984, page 10.