Effective March 1, 2007Amended Effective August 1, 2009
RULE 8.4 SUMMONS IN ACTION FOR DIVORCE,
TO DETERMINE PARENTAL RIGHTS AND REPONSIBILITIES
(a) Restraining Provisions--Divorce or Separation. A summons in a divorce or separation action must be issued by the clerk under the seal of the court, or by an attorney for a party to the action, and include the following restraining provisions:
(1) Neither spouse may dispose of, sell, encumber, or otherwise dissipate any of the parties' assets, except:
(B) For retaining counsel to carry on or to contest the proceeding.
If a spouse disposes of, sells, encumbers, or otherwise dissipates assets during the interim period, that spouse shall provide to the other spouse an accounting within 30 days.
(3) All currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.
(4) Except for temporary periods, neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court.
(5) Each summons must include the following statement in bold print:
If either spouse violates any of these provisions, that spouse may be in contempt of court.
(b) Restraining Provisions -
Custody Action to Determine Parental
Responsibilities. A summons in an custody action to
determine parental rights and
responsibilities must be issued by the clerk under seal of the court, or by an attorney for a
party to the action, and include the following restraining provisions:
(1) Except for temporary periods, neither party may remove any of their minor children from North Dakota without the written consent of the other party or order of the court.
(2) Each summons must include the following statement in bold print:
If a party violates any of these provisions, that party may be in contempt of court.
(c) Applicability of Restraining Provisions. The restraining provisions contained in the summons apply to both parties upon service of the summons. The provisions are effective until otherwise provided by court order or by written stipulation of the parties filed with the court.
Rule 8.4 was amended, effective March 1, 2007; August 1, 2009.
Rule 8.4 was adopted, effective March 1, 1996.
Subdivision (c) was added, effective March 1, 2007, to require restraining provisions to
be included in a summons in an action to determine parental rights and responsibilties
SOURCES: Joint Procedure Committee Minutes of May 21-22, 2009, pages ______; April 27-28, 2006, pages 9-10; January 26, 2006, page 13; April 27-28, 1995, pages 17-21.
CROSS REFERENCE: Appendix A (Summons in Action for Divorce or Separation)