NEW LAW MAKES DIVORCE PROPERTY
AND DEBT LISTING CONFIDENTIAL
designed to make the property and debt
listing sealed by default, but anyone with
good cause to see the record would be able
to make a motion for the court to unseal it.
MIKE HAGBURG
Attorney at Law
Attorneys in family law cases should be aware
of a significant change coming this summer.
Under a new statute, the property and debt
listing in divorce cases will become confidential
Aug. 1.
The Joint Procedu re Committee discussed
the new statutory language at its April
meeting and proposed several rule changes
to the North Dakota Supreme Court. In
response, the Court adopted amendments
to N.D. Sup. Ct. Admin. R. 41 on access
to court records, adding a new paragraph
making “[t]he property and debt listing
of the parties to a divorce as provided by
N.D.C.C. §14-05-24.3” inaccessible to
the public. New language was also added
to N.D.R.Ct. 8.3 on case management in
divorce cases providing that “[t]he joint
property and debt listing is confidential.”
Finally, the word “confidential” was added to
the title of the N.D.R.Ct. 8.3 informational
statement form. Like the statutory changes,
the rule amendments take effect Aug. 1.
In addition to the property and debt listing
confidentiality amendments, the Court
has made two other rule changes that
recently took effect. On May 10, a change to
N.D.R.App.P. 35.1 on summary disposition
of appeals took effect. The rule previously
required a list of summary dispositions be
submitted quarterly for publication in the
North Western Reporter. This requirement was
removed under the amendment.
On June 21, the Court made a change to new
N.D. Sup. Ct. Admin. R. 58 on vexatious
litigation. The amendment adds a new
paragraph to the rule clarifying that orders
made under the rule to restrict court filings by
vexatious litigants supersede any other order
“enjoining a person’s ability to file or serve
papers or pleadings in any North Dakota State
court litigation.” A variety of orders to restrict
vexatious litigants were issued prior to Rule
58 taking effect March 1, and the change was
designed to address these orders.
New N.D.C.C. §14-05-24.3(1) provides that
“the property and debt listing of the parties to a
divorce which is filed with the court or included
in a judgment for divorce is a confidential
record.” N.D.C.C. §14-05-24.3(2) allows the
public to move for access to the property and
debt listing in a given case. The motion must be
supported by an “affidavit showing good cause.”
Under N.D.C.C. §14-05-24.3(3), the court
must balance the public interest in granting
access with the privacy interests of the parties
in deciding a motion for access to the property
and debt listing.
Rep. Mark Owens was the lead sponsor of the
bill that created the new statute. At the initial
House Judiciary Committee hearing on the bill,
he indicated it was intended to protect property
and debt listings filed with the court from
public access. He said it was not necessary for
the public to see party financial information.
Addressing questions about why the parties
could not request that property and debt
information be sealed if needed in a given case,
Rep. Larry Klemin said the court could refuse
such a request if it did not think the reasons
for sealing were adequate. He said the bill was
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