RULE 8.3.1 CASE MANAGEMENT (DETERMINATION OF PARENTAL RIGHTS OR CHANGE OF RESIDENTIAL RESPONSIBILITY)

Effective Date: 3/1/2018

(a) Compulsory Meeting.

(1) In a non-divorce action for the determination of parental rights or a motion for change of residential responsibility, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement within 30 days after service of the complaint or entry of an order for an evidentiary hearing under N.D.C.C. 14-09-06.6. The statement must be in the form shown in Appendix L.
(2) The complaint and joint informational statement must be filed no later than seven days after the compulsory meeting. The parties must exchange information and documentary evidence necessary for the determination of child support. At a minimum, the parties must be prepared to exchange current paystubs, employment and income information and tax returns. The parties must determine at the meeting what additional information is necessary in order to complete the matter. The parties must decide at the meeting whether alternative dispute resolution methods are appropriate.

(b) Scheduling Order. Within 30 days after the informational statement is filed, the court must issue its scheduling order. The court may issue the order after either a telephone or in-court scheduling conference, or without a conference or hearing if none is needed. The scheduling order may establish any of the following deadlines:

(1) specific dates for the completion of discovery and other pretrial preparations;
(2) specific dates for serving, filing, or hearing motions;
(3) specific dates for completion of mediation or alternative dispute resolution;
(4) a specific date for the parties to complete parent education;
(5) specific dates for completion of parenting evaluation;
(6) a specific date by which the parties will be prepared for the pretrial conference;
(7) a specific date by which the parties will be prepared for the trial or evidentiary hearing;
(8) a specific date for identification of witnesses and documents; and
(9) a specific date by which the parties will submit the parenting plans.

(c) Request to Waive Rule Requirements. A party making a motion for change of residential responsibility may request as part of the motion to waive the requirements of the rule. The party making a waiver request must show that there is a need for expedited resolution or that there are limited and uncomplicated issues to be resolved. The party opposing a motion for change of residential responsibility may also request waiver in its response and may also resist or concur with a waiver request made by the moving party.

Rule 8.3.1 was adopted March 1, 2018.

Rule 8.3.1 is based on N.D.R.Ct. 8.3 and intended to apply in a non-divorce action for the determination of parental rights or a motion for change of primary residential responsibility.

SOURCES: Joint Procedure Committee Minutes of April 27, 2017, pages 2-3; January 26-27, 2017, pages 24-28; September 29-30, 2016, pages 29-31.

Effective Date Obsolete Date
03/01/2018 View