Rule 1. Scope of Rules-Construction.
Rule 2. One Form of Action.
Rule 3. Commencement of Action and Venue.
Rule 4. Process.
Rule 5. Service and Filing of Pleadings and Other Papers.
Rule 5.1. Filing and Service by Facsimile Transmission.
Rule 6. Time.
Rule 7. Pleadings Allowed-Form of Motions.
Rule 8. General Rules of Pleading.
Rule 9. Pleading Special Matters.
Rule 10. Form of Pleadings.
Rule 11. Signing of Pleadings, Motions, and Other Papers; Sanctions.
Rule 12. Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings.
Rule 13. Counterclaim and Cross-Claim.
Rule 14. Third-Party Practice.
Rule 15. Amended and Supplemental Pleadings.
Rule 16. Pretrial Conferences; Scheduling; Management.
Rule 17. Parties Plaintiff and Defendant-Capacity.
Rule 18. Joinder of Claims and Remedies.
Rule 19. Joinder of Persons Needed for Just Adjudication.
Rule 20. Permissive Joinder of Parties.
Rule 21. Misjoinder and Non-Joinder of Parties.
Rule 22. Interpleader.
Rule 23. Class Actions.
Rule 23.1. Derivative Actions By Shareholders.
Rule 23.2. Actions Relating to Unincorporated Associations.
Rule 24. Intervention.
Rule 25. Substitution of Parties.
Rule 26. General Provisions Governing Discovery; Duty of Disclosure.
Rule 26.1. Discovery and Disclosure in Divorce Actions.
Rule 27. Depositions Before Action or Pending Appeal.
Rule 28. Persons Before Whom Depositions May be Taken.
Rule 29. Stipulations Regarding
Rule 30. Depositions Upon Oral Examination.
Rule 30.1. Audio and Audio-Visual Depositions.
Rule 31. Depositions Upon Written Questions.
Rule 32. Use of Depositions in Court Proceedings.
Rule 33. Interrogatories to Parties.
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes.
Rule 35. Physical and Mental Examination of Persons.
Rule 36. Requests for Admission.
Rule 37. Failure to Make Disclosure or Cooperate in Discovery: Sanctions.
Rule 38. Jury Trial.
Rule 39. Trial by Jury or by the Court.
Rule 40. Assignment and Hearing of Cases-Calendars- Continuances.
Rule 41. Dismissal of Actions.
Rule 42. Consolidation-Separate Trials-Change of Judge.
Rule 43. Evidence.
Rule 43.1. Exhibits.
Rule 46. Conduct of Trials.
Rule 47. Jurors.
Rule 48. Order of Trial Proceedings-Management of Juries.
Rule 49. Special Verdicts and Interrogatories.
Rule 50. Motion for a Directed Verdict and for Judgment.
Rule 51. Instructions to Jury.
Rule 52. Findings by the Court.
Rule 53. Masters.
Rule 54. Judgments-Costs.
Rule 55. Default.
Rule 56. Summary Judgment.
Rule 57. Declaratory Judgments- Judgments by Confession.
Rule 58. Entry of Judgment.
Rule 58.1. Judgments and Orders- Effective Dates and Commencement of Time for Appeal, Review and Reconsideration.
Rule 59. New Trials-Amendment of Judgments.
Rule 60. Relief From Judgment or Order.
Rule 61. Harmless Error.
Rule 62. Stay of Proceedings to Enforce a Judgment.
Rule 63. Disability of a Judge.
Rule 64. Seizure of Person or Property.
Rule 65. Injunctions.
Rule 65.1. Domestic Violence Protective Orders - Access to Information.
Rule 66. Receivers.
Rule 67. Deposit in Court.
Rule 68. [Applicable to cases filed before August 7, 1997.] Offer of Judgment.
Rule 68. [Applicable to cases filed on or after August 7, 1997.] Offer of Judgment.
Rule 69. Execution-Examination of Judgment Debtor-Restraining Disposition of Property- Execution After Five Years.
Rule 70. Judgment for Specific Acts-Vesting Title.
Rule 71. Process in Behalf of and Against Persons Not Parties.
Rule 72. Eminent Domain.
Rule 72.1. Expert Advisory Panels in Health Care Provider Malpractice Actions.
Rule 73. The Clerk.
Rule 74. Books and Records Kept by Clerk and Entries Therein.
Rule 75. Record of Proceedings- Transcript as Evidence.
Rule 76. Form of Pleadings and Other Papers-Filing.
Rule 77. Motions.*
Rule 78. Findings, Conclusions, Judgments and Orders-Preparation and Submission.
Rule 79. Costs-Taxation and Review.
Rule 80. Bonds and Undertakings.
Rule 81. Attorneys.
Rule 82. Attorney's Fees.
Rule 83. Fees: Witnesses-Physicians- Interpreters and Translators.
Rule 84. Change of Name.
Rule 85. Forcible Entry and Detainer.
Rule 86. Habeas Corpus.
Rule 87. Civil Arrest.
Rule 88. Procedure for Claiming Delivery of Personal Property.
Rule 89. Attachment.
Rule 90. Contempts.
Rule 90.1. Dissolution of Marriage and Divorce Actions.
Rule 90.2. Settlement and Judgments in Favor a Minor.
Rule 90.3. Child Support Awards.
Rule 90.3 employs the percentage of income approach. This approach is based on economic analyses which show the proportion of income parents devote to their children in intact families is relatively constant across income levels up to a certain upper limit. Applications of the rule should result in a non-custodial parent paying approximately what the parent would have spent on the children if the family was intact.
Rule 90.3(d) requires that the court address coverage of the children's health care needs including expenses not covered by insurance. The court must require health insurance if the insurance is available to either party at a reasonable cost. The health insurance will be paid by the party to whom it is available. However, the court must allocate the cost of insurance between the parties. Note that the cost to be allocated is limited to that portion of the total cost necessary to insure the children involved - not the parent, the parent's new spouse or children of another relationship. This allocation should be 50/50 unless the court finds good cause to change that percentage. A substantial difference in the parties' relative financial circumstances may constitute good cause. The rule requires the court to adjust child support either upward or downward to reflect the allocation. Paragraph (h)(1) provides that payments for health care insurance are included in deciding whether there has been a 15% change in support which constitutes a material change of circumstances.
Rule 90.3(d)(2) provides that the court also allocate reasonable health expenses not covered by insurance. The rule requires the party who did not obtain the health care to reimburse the other party within 30 days of receiving the necessary paperwork. The paperwork should include the medical bill, payment verification, and, if medical insurance applies, an insurance statement indicating any uncovered health care expenses. The rule should be read to require prepayment of allowable uncovered medical cost when prepayment is required by the health care provider. The rule provides that a reasonable uncovered expense in excess of $5,000 will be addressed by the court when the expense arises.
Rule 90.4. Proceedings to Establish Parentage.
Rule 91. Applicability of Civil Rules In General.
Rule 92. Construction of Rules.
Rule 93. Legal Effect of Rules-Statutes Superseded.
Rule 94. Relaxation of Rules.
Rule 95. Penalties.
Rule 97. Title.
Rule 98. Effective Date.
Rule 99. Telephonic Participation in Civil Cases.
Rule 100. Mediation and Other Forms of Alternative Dispute Resolution.