NEW RULES ON COLLABORATIVE LAW NOTABLE AMONG 2016 AMENDMENTS
NEW RULES ON COLLABORATIVE LAW NOTABLE AMONG 2016 AMENDMENTS
MIKE HAGBURG Attorney at Law
New procedural rules and rule amendments took effect March 1 in North Dakota . Prominent among these were a rule establishing procedures for the use of collaborative law and a companion rule creating a collaborative law privilege . Rule of Court 8.10 is the new collaborative law rule .
Collaborative law is a form of alternative dispute resolution that was developed to resolve legal matters , particularly family law cases , in a cooperative manner . In a collaborative law proceeding , all parties are required to voluntarily exchange all relevant information about the case without the need for discovery requests . Negotiation then takes place among the parties , their lawyers , and other professionals ( such as accountants ) to reach an agreement .
A unique feature of collaborative law is that if the negotiations fail and the parties choose to proceed in court , the collaborative attorneys are required to withdraw from the case . In addition , under the collaborative law privilege set out in new Rule of Evidence 513 , communications that take place over the course of a collaborative law matter are protected from disclosure .
A new rule on restoration of firearms rights was also added to the Rules of Court March 1 . While N . D . C . C . §§ 62.1-02-01.1 and 62.1-02-01.2 establish standards for the restoration of firearms rights , new Rule 5.4 sets out the procedure for the submission of a petition to restore rights under these statutes .
Several amendments have been made to Rule of Court 3.5 on electronic filing in the district courts . New language was adopted to provide details of how selfrepresented litigants and prisoners may file , and to specify that self-represented litigants and prisoners who wish to file electronically must use the Odyssey e-file and serve system . In addition , the rule was amended to clarify that a document electronically signed by the court is considered filed when the e-signature is affixed .
Administrative Rule 41 on access to court records was amended to clarify that the clerk of court is not required to search within a court record for specific information that may be sought by a requestor . In addition , new language was added to exclude from public access party , witness , and crime victim contact information that was gathered and recorded by the court for administrative purposes .
Changes to Rule of Court 3.2 on motions will change the way oral arguments are handled . Under the amendments , hearings under the rule may be conducted using contemporaneous audio or audiovisual transmission by reliable electronic means . The rule also now requires a party requesting oral argument to secure a time for the argument within 14 days of the request or the request will be waived and the matter considered on the briefs .
In addition , Rule 3.2 now specifies that notice must be given 21 days before the hearing time if an evidentiary hearing is requested . In a parallel change , Civil Procedure Rule 6 on time was amended to clarify that a written motion and notice of motion must be served 21 days before the time specified for an evidentiary hearing .
In other changes to the Rules of Civil Procedure , Rule 5 on service and filing of pleadings and other documents was amended to specify service methods in proceedings to modify orders relating to spousal support , child support , or parental rights and responsibilities . Rule 33 on interrogatories was amended to define when a subpart of an interrogatory does not constitute a separate interrogatory .
The Rules of Evidence related to hearsay also saw amendments . Rule 801 on exclusions from hearsay was changed to allow the use of a prior consistent statement to rehabilitate a witness ’ s credibility when credibility is attacked on a ground other than fabrication or improper influence or motive .
Rule 803 on exceptions to the rule against hearsay was amended to specifically place the burden of showing untrustworthiness of a record on the opponent of admission . In addition , a “ notice and demand ” procedure is now required in criminal cases if the prosecution intends to introduce evidence by certificate .
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