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RULE 8.4 SUMMONS IN ACTION FOR DIVORCE OR SEPARATION

Effective Date: 3/1/1996

Obsolete Date: 3/1/2007

(a) Restraining Provisions. A summons in a divorce or separation action must be issued by the clerk under the seal of the court, or by an attorney for a party to the action, and include the following restraining provisions:

(1) Neither spouse shall dispose of, sell, encumber, or otherwise dissipate any of the parties' assets, except:

a. For necessities of life or for the necessary generation of income or preservation of assets; or
b. For retaining counsel to carry on or to contest the proceeding;

If a spouse disposes of, sells, encumbers, or otherwise dissipates assets during the interim period, that spouse shall provide to the other spouse an accounting within 30 days.

(2) Neither spouse shall harass the other spouse.

(3) All currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.

(4) Neither spouse shall remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court except for temporary periods.

(5) Each summons must include the following statement in bold print.

IF EITHER SPOUSE VIOLATES ANY OF THESE PROVISIONS, THAT SPOUSE MAY BE IN CONTEMPT OF COURT.

(b) Applicability of Restraining Provisions. The restraining provisions contained in the summons apply to both spouses upon service of the summons. The provisions are effective until otherwise provided by court order or by written stipulation of the parties filed with the court.

Rule 8.4 was amended, effective March 1, 2007; August 1, 2009; March 1, 2014; March 1, 2017, March 1, 2021.

Rule 8.4 was adopted, effective March 1, 1996.

Subdivisions (a) and (b) were amended, effective March 1, 2017, to eliminate the requirement that the clerk issue a summons "under the seal of the court."

Subdivision (c) was added, effective March 1, 2007, to require restraining provisions to be included in a summons in an action to determine parental rights and responsibilities.

Subdivision (d) was added, effective March 1, 2014, to allow omission of this rule's restraining provisions from the published version of a summons served under N.D.R.Civ.P. 4(e).

Rule 8.4 was amended, effective March 1, 2021, to delete the term “affidavit” and replace it with “declaration.” This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.

SOURCES: Joint Procedure Committee Minutes of April 24, 2020, pages 4-5; September 24-25, 2015, pages 27-28;September 26, 2013, page 30; May 21-22, 2009, pages 44-45; April 27-28, 2006, pages 9-10; January 26, 2006, page 13; April 27-28, 1995, pages 17-21.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. ch. 31-15.

CROSS REFERENCE: N.D.R.Ct. Appendix A (Summons in Action for Divorce or Separation); N.D.R.Civ.P. 4 (Commencement of Action - Service of Process, Pleadings, Motions and Orders).

Effective Date Obsolete Date
03/01/2021 View
03/01/2017 03/01/2021 View
03/01/2014 03/01/2017 View
08/01/2009 03/01/2014 View
03/01/2007 08/01/2009 View
03/01/1996 03/01/2007 View

 


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