Rule 40. Motion to Modify

(a) Request for Modification. A plaintiff may ask for modification of a protective order at any time during the term of the order. (b) Verification of Identity. When a plaintiff files a motion to modify, court personnel must verify the plaintiff's identity. (c) Modification Prior to Contested Hearing Request. If a contested hearing has not yet been requested or held, the judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion. (d) Modification After Contested Hearing or Request for Contested Hearing. If a contested hearing has been requested or has occurred, the motion to modify must be set for hearing with notice to the defendant. (e) Service and Registration of a Modified Order. The service and registration requirements applicable to the original protective order also apply to a modified protective order. See Part VI. Service and Registration.