UCCR 8.06 ON STEROIDS
October 25, 2011 § 7 Comments
Unless you’ve been practicing law under a rock for the past umpteen years, you are surely aware of the requirements of UCCR 8.06. That’s the rule that mandates filing each party’s name address and telephone number with the chancery clerk, with service on the other party, in every action involving custody of children, and within five days of any change.
Did you know that there is a statutory counterpart to UCCR 8.06 that requires even more detailed information in paternity and child support cases?
MCA § 93-11-65 (5) now provides that:
Each party to a paternity or child support proceeding shall notify the other within five (5) days after any change of address. In addition, the noncustodial and custodial parent shall file and update, with the court and the state registry, information on that party’s location and identity, including social security number, residential and mailing addresses, telephone numbers, photograph, driver’s license number, and name, address and telephone number of the party’s employer. This information shall be required on entry of an order or within five (5) days of a change of address.
This provision is not limited to DHS actions for support. In my opinion, it applies in all cases where there is a provision for child support, including irreconcilable differences divorces. You should see to it that this is addressed in your property settlement agreements and judgments.
The Better Chancery Practice Blog 
Is that constitutional under Hall?
Not sure of the case you’re referring to, Chris. Can you give me a little more info?
Sorry to be so short & cryptic–Hall v. State, 539 So.2d 1338 (1989) (legislature can’t impose rules of procedure on courts).
Good point. It is procedural in the same sense as UCCR 8.06. It certainly isn’t substantive.
Is this information filed with the clerk and available in the docket for public viewing?
The courts are moving away from filing documents with SS numbers etc. due to identity theft; this seems like a statute in need of tweaking.
If it’s in a court file it’s public record. I don’t have any idea about the “state registry.” This provision looks like one of the many federally-mandated child support provisions that are sprinkled through our statutes. I am not aware of any district where this is followed, but there may be some.
Well, it seems the statute should be amended to require that the parties serve this information on one another (and directly on the judge, if need be), but only file a notice of service with the clerk.