Rule 91

(a) Definitions.

(1) Judgment. When used in this rule and in Rules 91.1 through 91.7, “judgment” is as defined in Rule 78(a)(1).

(2) Applicant. When used in this rule and in Rules 91.1 through 91.7, an “applicant” is the party who, after the entry of a judgment, seeks to modify or enforce all or part of a judgment.

(3) Designating the Parties. The original designation of the parties as “petitioner” and “respondent” in this jurisdiction remains unchanged in all post-judgment petitions, motions, and documents.

(b) Petition to Modify or Enforce a Judgment. An applicant who seeks to modify or enforce all or a portion of a judgment after the entry of the judgment must file a petition with the court and pay the required filing fee. The petition must meet the requirements of this rule and, as applicable, Rules 91.1, 91.2, 91.3, 91.4, 91.5, 91.6, or 91.7. The petition must include, at a minimum:

(1) the date the judgment was entered;

(2) the name and location of the court that entered the judgment;

(3) as an attachment, a copy of the judgment the applicant seeks to modify or enforce, but if the judgment is in the official court file, the applicant may incorporate the judgment by reference;

(4) the page numbers and sections, if applicable of the judgment that contains the provisions the applicant wishes to modify or enforce; and

(5) the relief requested.

(c) Verification or Declaration. The petition to modify or enforce a judgment must be verified under Rule 14. However, the State does not need to verify a petition it files in a Title IV-D matter.

(d) Mediation. No party may be required to submit to mediation before filing a petition for modification of legal decision-making or parenting time. However, a local rule or court order may require the parties to submit to mediation before the court will hold an evidentiary hearing on any legal decision-making or parenting time issues.

(e) Contempt. A petition that requests a contempt remedy must comply with this rule and Rule 92.

(f) Temporary Orders. Any request for a temporary order in a post-judgment proceeding must meet the requirements of Rules 47, 47.2 or, if applicable, Rule 48.

(g) Affidavit of Financial Information. When this rule or Rules 91.1 through 91.7 require an Affidavit of Financial Information, the parties must use an affidavit substantially in the form set forth in Form 2, Rule 97 (“Affidavit of Financial Information”) or another form permitted by local rule.

(h) Order to Appear. After filing the petition, the applicant must submit to the assigned judicial officer two copies of an Order to Appear, and a copy of the petition showing the court's filing stamp. An Order to Appear must be substantially in the form set forth in Form 14, Rule 97 (“Order to Appear Post-Judgment”).

(i) Initial Review of Petitions.

(1) Setting a Conference or Hearing or Rejecting a Petition. Upon receipt of the petition and proposed Order to Appear, the court must review the petition and (a) reject the petition for failure to state grounds upon which relief can be granted, or (b) issue the Order to Appear. If the court rejects the petition, the court must provide the applicant with an explanation of the deficiency and provide an opportunity to correct the deficiency within 30 days after the date of the rejection notice. In deciding whether to reject a petition, the court cannot assess credibility or weigh evidence. If the court issues the Order to Appear, it must set an initial conference, resolution management conference, or evidentiary hearing, as appropriate. No evidence may be taken at an initial conference or resolution management conference except under emergency circumstances.

(2) Counsels' Duties. If the court schedules a resolution management conference, and both parties are represented by counsel, counsel must confer before the conference regarding the issues raised by the petition, anticipated discovery and disclosure, the timing for anticipated discovery and disclosure, alternative dispute resolution or mediation options, and the possible resolution of any of the issues raised by the petition.

(3) Scope of Resolution Management Conference. At the resolution management conference, the court may take any action provided in Rule 76(c).

(4) Scope of Initial Conference. At an initial conference, the court may inquire as to whether service has been effectuated, and in the court's discretion, schedule a resolution management conference or evidentiary hearing, order the parties to meet and confer, or order dismissal under Rule 91(k), if appropriate. The court may make any additional orders that the court finds appropriate to ensure a timely resolution of the petition.

(j) Manner and Timing of Service. The applicant must serve the petition, and every order, warrant, and affidavit in support of the petition, on all other parties in the manner required under Rules 40(f)(1) or 41, as applicable. The applicant must make good faith efforts to complete service promptly and within 10 days after the receipt of the issued order to appear but must complete service in no event later than 5 days before an initial conference and if no initial conference is scheduled, no later than 20 days before the hearing for a petition under Rule 91.5, and in no event later than 40 days before the hearing for a petition under Rules 91.1 through 91.4 or 91.6 through 91.7.

(k) Dismissal of Petition for Lack of Prosecution.

(1) In the following circumstances, the court may dismiss a post-judgment petition:

(A) if a petition to enforce or modify a judgment is filed but not presented to the assigned division with a proposed Order to Appear within 30 days after filing;

(B) if the applicant fails to accomplish service before the conference or hearing as provided in this rule and the date to accomplish service is not extended; or

(2) Extension of Time. The court may extend the deadlines in this rule for good cause.

(l) Responses; Time for Response. Unless a statute or rule requires otherwise, a party served with a petition may, but is not required to, file a response to the petition. However, if a party chooses to respond or when these rules specifically require a response, the responding party must file and provide a copy of the response to the applicant or, if represented, the applicant's attorney. Unless the court orders otherwise, the response must be filed at least 3 days before the scheduled resolution management conference or evidentiary hearing.

(m) Disclosure. In any proceeding under Rule 91 or Rules 91.1 through 91.7, each party must disclose information in the party's possession and control, as well as information that the party can determine or acquire by reasonable inquiry and investigation.

(1) Timing of Initial Disclosure. Each party must serve an initial disclosure. The following deadlines for initial disclosures apply, unless otherwise ordered by the court or agreed upon in writing by the parties:

(A) For a petition under Rules 91.1 through 91.4 and 91.6 through 91.7, if the court sets an evidentiary hearing within 60 days of service of the petition, each party must serve its initial disclosure within the earlier of 30 days after service of the petition or 5 days before the evidentiary hearing.

(B) For a petition under Rules 91.1 through 91.4 and 91.6 through 91.7, if the court does not set an evidentiary hearing within 60 days of service of the petition, each party must serve its initial disclosure within 30 days after service of a petition.

(C) For a petition under Rule 91.5, each party must serve its initial disclosure within the earlier of 15 days after service of the petition or 5 days before the evidentiary hearing.

(2) Specific Disclosure Obligations. Each party must disclose the relevant documents and information provided in Rules 91.1 through 91.7, as applicable. In addition, for any petition under Rule 91 through 91.7, a party must disclose:

(A) Disclosure of Exhibits. Evidence, documents, or electronically stored information that the disclosing party plans to use at a hearing, including any material to be used for impeachment.

(B) Disclosure of Witnesses. The names, addresses, and telephone numbers of any witness whom the disclosing party expects to call at an evidentiary hearing, along with a statement fairly describing the substance of each witness's expected testimony.

(C) Disclosure of Expert Witnesses. The name, address and telephone number of any person the party expects to call as an expert witness at trial. The party also must disclose the subject matter on which the expert will testify, the substance of the facts and opinions on which the expert will testify, a summary of the grounds for each opinion, the expert's qualifications, and the name and address of any custodian of reports the expert prepared.

(D) Disclosure of Electronically Stored Information. Unless the parties agree or the court orders otherwise,

(i) Production of Electronically Stored Information. Within 20 days after serving its initial disclosure statement, a party must produce the electronically stored information identified under Rules 91 through 91.7. Absent good cause as found by the court, no party need produce the same electronically stored information in more than one form.

(ii) Presumptive Form of Production. A party must produce electronically stored information in the form requested by the receiving party. If the receiving party does not specify a form, the producing party may produce the electronically stored information in native form or in another reasonably usable form that will enable the receiving party to have the same ability as the producing party to access, search, and display the information including metadata.

(iii) Limits on Disclosure of Electronically Stored Information. Civil Rule 26(b)(2) applies to the disclosure of electronically stored information.

(iv) Resolution of Disputes. If the parties are unable to satisfactorily resolve any dispute regarding electronically stored information, the parties may present the dispute to the court in either a joint or individual motion. The motion must include the parties' positions and a good faith consultation certificate under Rule 9(c). In resolving any dispute regarding electronically stored information, the court may shift costs, if appropriate.

(3) Proof of a Party's Income from All Sources. When Rules 91.1 through 91.7 require disclosure of proof of a party's income from all sources, disclosure must include the following documents and information:

(A) complete tax returns, W-2 forms, 1099 forms, and K-1 forms, for the past 3 completed calendar years, and year-end information for the most recent calendar year if tax returns are not yet due;

(B) information for the current calendar year for all income sources, including year-to-date pay stubs, salaries, wages, commissions, bonuses, self-employment income, dividends, severance pay, pensions, interest, trust income, income from businesses and properties, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;

(C) proof of court-ordered child support and spousal maintenance actually being paid by the party in any case other than the one in which disclosure is being provided;

(D) proof of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;

(E) proof of any child care expenses paid by the party for any child listed or referenced in the petition;

(F) proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and

(G) proof of any expenses paid by the party for the special needs of a gifted child or a child with a disability who is listed or referenced in the petition.

(4) Disclosure When Attorney's Fees are Requested. If an award of attorney's fees is requested, an Affidavit of Financial Information in compliance with Rule 91(g), and proof of a party's income from all sources.

(5) No Filing of Disclosures. The disclosures described in Rule 91 or Rules 91.1 through 91.7, must be served on all parties but may not be filed with the court.

(6) Continuing Duty to Disclose. The duty of disclosure prescribed in Rules 91 through 91.7 is a continuing duty, and each party must serve additional or amended disclosures when new or additional information is discovered or revealed. A party must serve such additional or amended disclosures in a timely manner, but in no event more than 30 days after the information is revealed to or discovered by the disclosing party. If the information is disclosed in a written discovery response or a deposition in a manner that reasonably informs all parties of the information, the information need not be presented in a supplemental disclosure statement.

(7) Deadline for Final Supplemental Disclosure. Each party must provide its final supplemental disclosure by the applicable deadline below, unless otherwise ordered by the court or agreed upon in writing by the parties:

(A) For a petition under Rules 91.1 through 91.4 and 91.6 through 91.7, if the court sets an evidentiary hearing within 60 days of service of the petition, each party must serve its final supplemental disclosure by no later than 5 days before the evidentiary hearing.

(B) For a petition under Rules 91.1 through 91.4 and 91.6 through 91.7, if the court does not set an evidentiary hearing within 60 days of service of the petition, each party must serve its final supplemental disclosure by no later than 30 days before the evidentiary hearing.

(C) For a petition under Rule 91.5, each party must serve its final supplemental disclosure by no later than 5 days of the evidentiary hearing.

A party seeking to use information, exhibit, witness, or expert witness that it first disclosed beyond the applicable deadline must obtain leave of court to extend the time for disclosure as provided in Rule 65(c).

(8) Failure to Disclose, False or Misleading Disclosure, Untimely Disclosure. A party prejudiced by a failure to disclose, false or misleading disclosure, or untimely disclosure, may seek the remedies identified in Rule 65.

(n) Discovery. Nothing in this rule precludes a party from conducting discovery under Rule 51.

(o) Rule 76.1 Statement. Before an evidentiary hearing, the parties must comply with Rule 76.1 and any local rules, including the filing of a scheduling conference or pretrial statement, as ordered by the court.

(p) Stipulations. Stipulations to modify or enforce post-judgment orders that substantially change the terms of a legal decision-making or parenting time order must meet the requirements of Rule 14.