N.D. R. Juv. proce. 16

As amended through March 18, 2024

Rule 16 - MODIFICATION AND VACATION OF ORDERS

(a) Mandatory Vacation of Order. An order of the court must be set aside if:

(1) it appears it was obtained by fraud or mistake;

(2) the court lacked jurisdiction over a necessary party or of the subject matter; or

(3) newly discovered evidence so requires.

(b) Discretionary Modification.

(1) Except an order terminating parental rights, or an order of dismissal, an order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child.

(2) An order terminating parental rights and the parent and child relationship may be vacated by the court on motion of the parent if the child is not placed for adoption and the person having custody of the child consents in writing to the vacation of the decree.

(3) An order granting probation to a child found to be delinquent may be reviewed on the ground that the conditions of probation have not been observed.

(c) Motion for Relief. Any party to the proceeding, the director of juvenile court or other person having supervision or legal custody of or an interest in the child may move the court for the relief provided in this rule. The motion must set forth in concise language the grounds on which relief is requested.

(d) Notice. Reasonable notice and an opportunity to be heard must be given to the child and the parent, guardian, or other custodian before the court may extend the duration of:

(1) an order committing a delinquent child to the division of juvenile services;

(2) an order placing a child in foster care; or

(3) an order placing a child in detention or care.

(e)Hearing. After the motion is filed, the court must grant a request for a hearing and require notice to be served on the parties. After the hearing, which may be informal, the court may deny or grant relief as the evidence warrants.

N.D. R. Juv. proce. 16

Effective Date 3/1/2010; 7/1/2021.

Explanatory Note

Rule 16 was adopted effective March 1, 2010. Amended effective 3/1/2021; 7/1/2021; 3/1/2023.

Rule 16 was amended effective 3/1/2021, to clarify that the court must grant a request for a hearing and require notice to be served.

Rule 16 was amended, effective July 1, 2021, to update terminology and statutory references consistent with the July 1, 2021, amendments to the Juvenile Court Act, N.D.C.C. chs. 27-20.2, 27- 20.3, and 27-20.4.

Rule 16 was amended November 16, 2022, effective 3/1/2023, to replace the term "oral argument" with "hearing" throughout the rule.

Juvenile Policy Board Minutes of March 25, 2022; June 11, 2021; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of April 29, 2022, page 12; April 24, 2020, pages 8-9.

CROSS REFERENCE: N.D.R.Juv.P. 14 (Motions).