RULE 8.3.1 CASE MANAGEMENT (DETERMINATION OF PARENTAL RIGHTS OR CHANGE OF RESIDENTIAL RESPONSIBILITY)
1 (a) Compulsory Meeting.
2 (1) In a non-divorce action for the determination of parental rights or a
3 motion for change of residential responsibility, the parties and their attorneys must
4 meet in person or by electronic means to prepare a joint informational statement
5 within 30 days after service of the complaint or entry of an order for an evidentiary
6 hearing under N.D.C.C. 14-09-06.6. The statement must be in the form shown in
7 Appendix L.
8 (2) The complaint and joint informational statement must be filed no later
9 than seven days after the compulsory meeting. The parties must exchange
10 information and documentary evidence necessary for the determination of child
11 support. At a minimum, the parties must be prepared to exchange current paystubs,
12 employment and income information and tax returns. The parties must determine
13 at the meeting what additional information is necessary in order to complete the
14 matter. The parties must decide at the meeting whether alternative dispute
15 resolution methods are appropriate.
16 (b) Scheduling Order. Within 30 days after the informational statement is
17 filed, the court must issue its scheduling order. The court may issue the order after
18 either a telephone or in-court scheduling conference, or without a conference or
19 hearing if none is needed. The scheduling order may establish any of the following
21 (1) specific dates for the completion of discovery and other pretrial
23 (2) specific dates for serving, filing, or hearing motions;
24 (3) specific dates for completion of mediation or alternative dispute
26 (4) a specific date for the parties to complete parent education;
27 (5) specific dates for completion of parenting evaluation;
28 (6) a specific date by which the parties will be prepared for the pretrial
30 (7) a specific date by which the parties will be prepared for the trial or
31 evidentiary hearing;
32 (8) a specific date for identification of witnesses and documents; and
33 (9) a specific date by which the parties will submit the parenting plans.
34 (c) Request to Waive Rule Requirements. A party making a motion for
35 change of residential responsibility may request as part of the motion to waive the
36 requirements of the rule. The party making a waiver request must show that there
37 is a need for expedited resolution or that there are limited and uncomplicated
38 issues to be resolved. The party opposing a motion for change of residential
39 responsibility may also request waiver in its response and may also resist or concur
40 with a waiver request made by the moving party.
41 EXPLANATORY NOTE
42 Rule 8.3.1 was adopted ________________.
43 Rule 8.3.1 is based on N.D.R.Ct. 8.3 and intended to apply in a non-divorce
44 action for the determination of parental rights or a motion for change of primary
45 residential responsibility.
46 SOURCES: Joint Procedure Committee Minutes of April 27, 2017, pages 2-
47 3; January 26-27, 2017, pages 24-28; September 29-30, 2016, pages 29-31.