RULE 8.4 SUMMONS IN ACTION FOR DIVORCE, SEPARATION OR TO DETERMINE PARENTAL RIGHTS AND REPONSIBILITIES
Effective Date: 3/1/2017
Obsolete Date: 3/1/2021
(a) Restraining Provisions - Divorce or Separation. A summons in a divorce or separation action must be issued by the clerk, or by an attorney for a party to the action, and include the following restraining provisions:
(1) Neither spouse may 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 may harass the other spouse.
(3) All currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.
(4) Except for temporary periods, neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court.
(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) Restraining Provisions - Action to Determine Parental Rights and Responsibilities. A summons in an action to determine parental rights and responsibilities must be issued by the clerk, or by an attorney for a party to the action, and include the following restraining provisions:
(1) Except for temporary periods, neither party may remove any of their minor children from North Dakota without the written consent of the other party or order of the court.
(2) Each summons must include the following statement in bold print:
If a party violates any of these provisions, that party may be in contempt of court.
(c) Applicability of Restraining Provisions. The restraining provisions contained in the summons apply to both parties 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.
(d) Service by Publication. If a summons is served by publication under N.D.R.Civ.P. 4(e), the Rule 8.4 restraining provisions may be omitted from the published summons. A complete summons, including the Rule 8.4 restraining provisions, must be filed with the complaint and affidavit for service by publication in the manner set out in N.D.R.Civ.P. 4(e)(2) and mailed under N.D.R.Civ.P. 4(e)(4).
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).