TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 12, 2017
RE: Rule 8.3.1, N.D.R.Ct., Case Management (Non-Divorce Cases)
At the September 2016 meeting, the committee considered a proposal for adoption of a new Rule 8.3.1 dealing with case management in family law matters other than divorce cases. The committee considered the proposal and after making amendments, it approved new Rule 8.3.1 subject to comment and additional discussion at the January meeting.
At the January meeting, there was extensive discussion of whether case management was needed in modification of parental rights cases. The committee voted to approve the proposal 7-5, which is less than a two-thirds majority. Consequently the proposal is back for additional discussion. In the interim, members Judge Cruff, Judge Hagerty and Mr. Schultz worked together and drafted a new provision allowing parties to move for waiver of case management in modification of parental rights cases. The revised proposal is attached with changes made since last meeting underlined.
Also attached is a proposed new form to accompany the rule, the Rule 8.3.1 Information Statement, and a separate order form. The committee may wish to discuss whether the structure of the forms needs adjustment to be usable by the court and parties.
In an email, attached, attorney Jim Fleming suggested language be added to the informational statement form on making the state as a party if the other parties received services.