RULE 8.3.1 CASE MANAGEMENT (DETERMINATION OF PARENTAL RIGHTS OR CHANGE OF PRIMARY RESIDENTIAL RESPONSIBILITY)
1 (a) Compulsory Meeting. In a non-divorce action for the determination of
2 parental rights or a motion for change of primary residential responsibility, the
3 parties and their attorneys must meet in person or by electronic means to prepare a
4 joint informational statement within 30 days after service of the complaint or entry
5 of an order for an evidentiary hearing under N.D.C.C. 14-09-06.6. The statement
6 must be in the form shown in appendix __. The complaint and joint informational
7 statement must be filed no later than seven days after the compulsory meeting. The
8 parties must exchange information and documentary evidence necessary for the
9 determination of child support. At a minimum, the parties must be prepared to
10 exchange current paystubs, employment and income information and tax returns.
11 The parties must determine at the meeting what additional information is necessary
12 in order to complete the matter. The parties must decide at the meeting whether
13 alternative dispute resolution methods are appropriate.
14 (b) Scheduling Order. Within 30 days after the informational statement is
15 filed, the court must issue its scheduling order. The court may issue the order after
16 either a telephone or in-court scheduling conference, or without a conference or
17 hearing if none is needed. The scheduling order may establish any of the following
19 (1) specific dates for the completion of discovery and other pretrial preparations;
20 (2) specific dates for serving, filing, or hearing motions;
21 (3) specific dates for completion of mediation or alternative dispute
23 (4) a specific date for the parties to complete parent education;
24 (5) specific dates for completion of parenting evaluation;
25 (6) a specific date by which the parties will be prepared for the pretrial
27 (7) a specific date by which the parties will be prepared for the trial or
28 evidentiary hearing;
29 (8) a specific date for identification of witnesses and documents; and
30 (9) a specific date by which the parties will submit the parenting plans.
31 EXPLANATORY NOTE
32 Rule 8.3.1 was adopted ________________.
33 Rule 8.3.1 is based on N.D.R.Ct. 8.3 and intended to apply in a non-divorce
34 action for the determination of parental rights or a motion for change of primary
35 residential responsibility.
36 SOURCES: Joint Procedure Committee Minutes of
37 ____________________; September 29-30, 2016, pages 29-31.