RULE 8.3 CASE MANAGEMENT (DIVORCE CASES)
1 (a) Compulsory Meeting.
2 (1) Within 30 days after service of the complaint, the parties and their
3 attorneys must meet in person or by electronic means to prepare a joint
4 informational statement (in the form shown in appendix C) and a preliminary
5 property and debt listing. The complaint and joint informational statement must be
6 filed no later than seven days after the compulsory meeting.
7 (2) The parties must exchange information and documentary evidence
8 relating to the existence and valuation of assets and liabilities. At a minimum, the
9 parties must be prepared to exchange current paystubs, employment and income
10 information, tax returns, preliminary pension information, and asset, debt and
11 expense documentation.
12 (3) The parties must determine at the meeting what additional information is
13 necessary in order to complete the case. The parties must decide at the meeting
14 whether alternative dispute resolution methods are appropriate.
15 (b) Scheduling Order. Within 30 days after the informational statement is
16 filed, the court must issue its scheduling order. The court may issue the order after
17 either a telephone or in-court scheduling conference, or without a conference or
18 hearing if none is needed. The scheduling order may establish any of the following
20 (1) specific dates for the completion of discovery and other pretrial
22 (2) specific dates for serving, filing, or hearing motions;
23 (3) specific dates for completion of mediation/alternative dispute resolution;
24 (4) a specific date for the parties to complete parent/divorce education;
25 (5) a specific date for filing the property and debt listing;
26 (6) specific dates for completion of parenting evaluation;
27 (7) a specific date by which the parties will be prepared for the pretrial
29 (8) a specific date by which the parties will be prepared for the trial;
30 (9) a specific date for identification of witnesses and documents; and
31 (10) a specific date by which the parties will submit the parenting plans.
32 (c) Pretrial Conferences.
33 (1) Each party must complete a pretrial conference statement substantially
34 in the form set forth in appendix D which must be served upon all parties and filed
35 with the court at least 14 days prior to the date of the pretrial conference.
36 (2) Unless excused by the court for good cause, the parties and attorneys
37 who will try the proceedings must attend the pretrial conference, prepared to
38 discuss settlement. If a stipulation is reduced to writing prior to the pretrial
39 conference, the case may be heard as a default at the time scheduled for the
40 conference. In that event, only one party need appear. If a party fails to appear at a
41 pretrial conference, the court may dispose of the proceedings without further
42 notice to that party.
43 (3) If the parties are unable to resolve the case, in whole or in part, at the
44 pretrial conference, the court must issue an order concerning any remaining
45 discovery and motions, and identifying the contested issues for trial.
46 (4) Unless otherwise ordered, at least 14 days before trial, the parties must
47 file a joint property and debt listing substantially in the form set forth in appendix
48 E. Each asset or liability must be numbered separately. The joint property and debt
49 listing is confidential and must be redacted under Rule 3.4.
50 EXPLANATORY NOTE
51 Rule 8.3 was amended, effective March 1, 1986; August 1, 1996; March 1,
52 2008; August 1, 2009; March 1, 2011;__________________.
53 Subdivision (a) was amended, effective March 1, 2011, to increase the time
54 to file the complaint and joint informational statement from five to seven days
55 after the compulsory meeting.
56 Paragraph (b)(8) was amended, March 1, 2008, to delete a reference to the
57 note of issue and certificate of readiness.
58 Paragraph (c)(1) was amended, effective March 1, 2011, to change the time
59 to serve a pretrial conference statement from 10 to 14 days before the date of the
60 pretrial conference.
61 Paragraph (c)(4) was amended, effective March 1, 2011, to change the time
62 to file a joint property and debt listing from 10 to 14 days before trial.
63 Paragraph (c)(4) was amended, effective_______________, to state that the
64 joint property and debt listing is confidential and must be redacted under Rule 3.4.
65 SOURCES: Joint Procedure Committee Minutes of ______________; April
66 29-30, 2010, page 21; May 21-22, 2009, pages 44-45; April 26-27, 2007, pages
67 14-15; January 25-26, 1996, pages 3-6; September 28-29, 1995, pages 3-11; June
68 22, 1984, page 10.
69 Statutes Affected:
70 Considered: N.D.C.C. § 14-05___.
71 Cross Reference: N.D.R.Ct. 3.4 (Privacy Protection for Filings Made with
72 the Court).