Fall 2017 FINAL-Summer 2017 Gavel | Page 33

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 SUMMER 2017 33