Opinion
ADM09-8009
01-19-2012
PROMULGATION OF AMENDMENTS TO THE MINNESOTA GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS RELATING TO FAMILY COURT MATTERS AND THE PILOT PROJECT ON AUDIO AND VIDEO COVERAGE IN CERTAIN CIVIL COURT PROCEEDINGS
(formerly CX-89-1863)
ORDER
In its report filed September 28, 2011, the Supreme Court Advisory Committee on the General Rules of Practice recommended amendments to the General Rules of Practice for the District Courts relating to family court matters and the pilot project on audio and video coverage of certain civil court proceedings. This Court established a deadline of November 14, 2011, for submitting comments on the proposal. The Supreme Court has reviewed the proposals and the submitted comments, and is fully advised in the premises.
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. The attached amendments to the General Rules of Practice for the District Courts be, and the same hereby are, prescribed and promulgated to be effective on May 1, 2012.
2. The attached amendments shall apply to all actions pending on the effective date and to those filed thereafter.
3. The inclusion of Advisory Committee comments is made for convenience and does not reflect court approval of the comments made therein.
BY THE COURT:
___________________________
Lorie S. Gildea
Chief Justice
Amendments to the Minnesota General Rules of Practice for the District Courts:
[Note to publishers: Deletions are indicated by a line drawn through the text; additions are underlined. Markings are omitted for the new advisory committee comments, regardless of their derivation.]
Rule 4.03. Procedures Relating to Requests for Audio or Video Coverage of District Court Proceedings
(a) Notice. Unless notice is waived by the trial judge, the media shall provide written notice of their intent to cover district court proceedings by either audio or video means to the trial judge, all counsel of record, and any parties appearing without counsel as far in advance as practicable, and at least 10 days before the commencement of the hearing or trial. In civil proceedings subject to the pilot project authorized by supreme court order, the media shall also notify their respective media coordinator identified as provided under part (e) of this rule of the request to cover proceedings in advance of submitting the request to the trial judge, if possible, or as soon thereafter as possible.
(b) Objections in Civil Cases. In civil proceedings, if a party opposes audio or video coverage, the party shall provide written notice of the party's objections to the presiding judge, the other parties, and the media requesting coverage as soon as practicable, and at least 3 days before the commencement of the hearing or trial in cases where the media have given at least 10 days' notice of their intent to cover the proceedings. The judge shall rule on any objections and make a decision on audio or video coverage before the commencement of the hearing or trial. However, the judge has the discretion to limit, terminate, or temporarily suspend audio or video coverage of an entire case or portions of a case at any time.
(c) Witness Information and Objection to Coverage. At or before the commencement of the hearing or trial in cases with audio or video coverage, each party shall inform all witnesses the party plans to call that their testimony will be subject to audio or video recording unless the witness objects in writing or on the record before testifying.
(d) Appeals. No ruling of the trial judge relating to the implementation or management of audio or video coverage under this rule shall be appealable until the trial has been completed, and then only by a party.
(e) Media Coordinators for Civil Pilot Project. For civil proceedings subject to the pilot project authorized by order of the supreme court, media coordinators for various areas of the state shall be identified on the main state court web site. The media coordinators shall facilitate interaction between the courts and the electronic media during the course of the pilot project. Responsibilities of the media coordinators include:
(i) Compiling basic information (e.g., case identifiers, judge, parties, attorneys, dates and coverage duration) on all requests for use of audio or video coverage of civil trial court proceedings for their respective court location(s) as identified on the main state court web site, and making aggregate forms of the information publicly available;
(ii) Notifying the Minnesota Court Information Office of all requests for audio and video coverage of civil trial court proceedings for their respective court location(s) as identified on the main state court web site;
(iii) Explaining to persons requesting video or audio coverage of civil trial court proceedings for their respective court location(s) the local practices, procedures, and logistical details of the court related to audio and video coverage;
(iv) Resolving all issues related to pooling of cameras and microphones related to video or audio coverage of civil trial court proceedings for their respective court location(s);
(v) Making available to participants in the pilot project survey information as directed by the supreme court's advisory committee on the general rules of practice.
TITLE IV. RULES OF FAMILY COURT PROCEDURE
PART A. PROCEEDINGS, MOTIONS, AND ORDERS
Rule 301. Applicability of Rules Scope; Time
301.01 Applicable Statute or Rule
301.02 Time
RULE 301. SCOPE; TIME
Rule 301.01 Applicability of Rules Rule 302. Commencement; Continuance; Time; Parties
302.01 Commencement of Proceedings
302.02 Continuances
302.03 Time
302.04 Designation of Parties Rule 303. Motions; Ex Parte Emergency Relief; Orders to Show Cause; Orders and Decrees
303.01 Scheduling of Motions
303.02 Form of Motion
303.03 Motion Practice
303.04 Ex Parte and Emergency Relief
303.05 Orders to Show Cause
303.06 Orders and Decrees Requiring Child Support or Maintenance
Rule 304. Scheduling of Cases
304.01 Scope
304.02 The Party's Informational Statement Initial Case Management Statement
304.03 Scheduling Order
304.04 Amendment
304.05 Collaborative Law
304.06 Continuances Rule 305. Prehearing Pretrial Conferences
305.01 Prehearing Parenting/Financial Disclosure Statement
305.02 Prehearing Pretrial Conference Attendance
305.03 Prehearing Conference Order for Trial or Continued Pretrial Conference
Rule 306. Default
306.01 Scheduling of Final Hearing
306.02 Preparation of Decree [Abrogated]
Rule 307. Final Hearings
Rule 308. Final Order, Judgment or Decree
308.01 Notices; Service
308.02 Statutorily Required Notices
308.03 Sensitive Matters
308.04 Joint Marital Agreement and Decree
Rule 309. Contempt
309.01 Initiation
309.02 Hearing
309.03 Sentencing
309.04 Findings
Rule 310. Alternative Dispute Resolution
310.01 Applicability
310.02 Post-Decree Matters
310.03-.09 [Deleted effective July 1, 1997]
Rule 311. Forms
Rule 312. Review of Referee's Findings or Recommendations
312.01 Notice of Assignment to Judge; Parties' Submissions
312.02 Transcript of Referee's Hearing
Id.Rule 313. Confidential Numbers and Tax Returns Rule 314. Parentage Proceedings
APPENDIX OF FORMS
Effective January 1, 2008, a All forms previously contained in Title IV have been deleted from the rules. Family Court Action forms are currently maintained on the state court website (www.mncourts.gov).
PART A. PROCEEDINGS, MOTIONS, AND ORDERS
RULE 301. SCOPE; TIME
Rule 301.01 Applicability of Rules
(a) Applicable Rule or Statute. Rules 301 through 3134 and, where applicable, the Minnesota Rules of Civil Procedure, shall apply to family law practice Family Law Actions except where they are in conflict with applicable statutes or the Expedited Child Support Process Rules, Minn. Gen. R. Prac. 351 through 379.
(b) Included Proceedings. Rules 301 through 313 do not apply to proceedings commenced in the Expedited Child Support Process, except for Rules 302.04, 303.05, 303.06, 308.02, and 313. The following types of proceedings are referred to in these rules as Family Court Actions:
1. Marriage dissolution, legal separation, annulment proceedings, and child custody actions (Minnesota Statutes, chapter 518, and section 260C.201, subd. ll(d)(l)(iii)); 2. Child custody enforcement proceedings (Minnesota Statutes, chapter 518D); 3. Domestic abuse proceedings (Minnesota Statutes chapter 518B); 84. Proceedings to determine or enforce child support obligations (Minnesota Statutes, chapters 518A, 518C- U.I.F.S.A., sections 256.87; 289A.50, subd. 5; and 393.07, subd. 9); 5. Contempt proceedings in Family Court (Minnesota Statutes, chapter 588); 6. Parentage determination proceedings (Minnesota Statutes, sections 257.51-.74); 7. Proceedings for support, maintenance or county reimbursement judgments (Minnesota statutes, section 548.091); 8. Third-party custody proceedings (Minnesota Statutes, chapter 257C); and 9. Proceedings pursuant to the Hague Convention on Civil Aspects of International Child Abductions and the International Child Abduction Remedies Act
Other matters may be treated as family court matters by order of the court.
(c) Excluded proceedings. Rules 301 through 314 do not apply to proceedings commenced in the Expedited Child Support Process, except for Rules 302.02, 303.05, 308.02, 309, 313, and 314.
(d) Applicability of Rules of Civil Procedure. The Minnesota Rules of Civil Procedure apply to Family Court Actions as to matters not addressed by these rules. To the extent there is any conflict in the rules, these rules govern.
Rule 301.02 Time
Advisory Committee Comment—2012 Amendments
Rules 301 through 314 were originally derived primarily from the Rules of Family Court Procedure as they existed in 1992. These rules have been revised in several important ways in the ensuing years, and were revised and completely restated in 2011. The prior Advisory Committee Comments have been incorporated into a single set of Advisory Committee Comments for the benefit of the Minnesota Supreme Court as well as for courts and litigants. As is consistently made clear by the orders that have amended the rules, the Advisory Committee Comments are not adopted by the Supreme Court and do not have any official status. They reflect the views of the Supreme Court's advisory committees that have recommended amendments of the rules from time to time.
Rules 301 through 314 apply in the enumerated proceedings, comprising the majority of types of cases involving family relations. Adoption proceedings are governed by separate Rules of Adoption Procedure, adopted effective January 1, 2005.
Minn. R. Gen. Prac. 351.01 states that the Rules of Civil Procedure, Rules of Evidence, and General Rules of Practice shall apply to proceedings in the expedited process unless inconsistent with the Expedited Child Support Rules, Minn. Gen. R. Prac. 351 through 379. With the exception of Family Court Rules 302.02, 303.05, 308.02, 309, 313 and 314, Rules 301-314 are inconsistent with the Expedited Child Support Rules and therefore do not apply to the expedited process.
Computation of time under these rules is governed by Rule 6 of the Minnesota Rules of Civil Procedure.
Advisory Committee Comment—2012 Amendments
The rules relating to computation of time are critical, and it is important that they be clear and predictable to all users of the court system. Rule 6 of the Minnesota Rules of Civil Procedure provides the appropriate clarity and makes it expressly applicable in family matters thereby eliminating any room for confusion. Rule 6 is consistent with the general day-counting rules set forth in Minn. Stat. § 645.15, and provides additional guidance for counting days where the periods of time are short and for responding to papers served by mail, or facsimile.
The time periods in the rules are intended to apply in most situations. Where unusual circumstances exist and justice so requires, the court may shorten the time limits. See Rule 1.02 of these rules.
RULE 302. COMMENCEMENT; CONTINUANCE; TIME; PARTIES Rule 302.01 Commencement of Proceedings
(a) Service. Marriage dissolution, legal separation and annulment proceedings Methods of Commencement. Family Court Actions shall be commenced by service of a summons and petition upon the person of the or other party, by alternate means authorized by statute, or by publication pursuant to court order. Service in other family court proceedings shall be governed by the rules of civil procedure, upon the person of the other party. Commencement can be accomplished by the following means:
(1) Personal Service. The summons and petition may be served upon the person of the party to be served.
(2) Admission/Acknowledgment. Service may be accomplished when the party to be served signs an admission of service or acknowledges service as permitted in Minn. R. Civ. P. 4.05.
(3) Alternate Means. Service of the summons and petition may be made accomplished by alternate means as authorized by statute.
(4) Publication. Service of the summons and petition may be made by publication only upon an order of the court. If the respondent subsequently is located and has not been served personally or by alternate means, personal service shall be made before the final hearing.
(b) Service After Commencement. After a Family Law Action has been commenced, service may be accomplished in accordance with Minn. R. Civ. P. 5.
(b) (c) Joint Petition in Marriage Dissolution Proceedings.
(1) No summons shall be required if a joint petition is filed to commence marriage dissolution proceedings. Proceedings shall be deemed commenced when both parties have signed the verified petition.
(2) Where the parties to a marriage dissolution proceeding agree on all issues, the parties may proceed using a joint petition, agreement, and judgment and decree for marriage dissolution.
(3) Upon filing of the "Joint Petition, Agreement and Judgment and Decree," and the Confidential Information Form (Form 11.1 as published by the state court administrator), and a Notice to the Public Authority if required by Minn. Stat. § 518A.44, the court administrator shall place the matter on the appropriate calendar pursuant to Minn. Stat. § 518.13, subd. 5. A Certificate of Representation and Parties and documents required by Rules 306.01and 306.02 shall not be required if the "Joint Petition, Agreement and Judgment and Decree" published by the state court administrator is used.
(4) The state court administrator shall develop maintain, publish and regularly update, or provide references to, forms that may be used by parties for purposes of this rule to file joint petitions to commence marriage dissolution proceedings. Court Administrators in each Judicial District shall make the forms available to the public at a reasonable cost.
(c) Service by Alternate Means or Publication. Service of the summons and petition may be made by alternate means as authorized by statute. Service of the summons and petition may be made by publication only upon an order of the court. If the respondent subsequently is located and has not been served personally or by alternate means, personal service shall be made before the final hearing.
Rule 302.02
Advisory Committee Comment—2012 Amendments
Family court proceedings are generally governed by statute in Minnesota, and these rules implement the statutory procedures. Proceedings for dissolution, legal separation and annulment are governed in detail by Minnesota Statutes, chapter 518. See generally Minn. Stat. § 518.10 (requirements for petition); § 518.11 (service by publication and precluding substitute service or service by mail under Minn. R. Civ. P. 4.05); § 518.12 (requiring respondent's answer to be served within 30 days). Service "by alternate means" is authorized by statute. See Minn. Stat. § 518.11 (authorizing service by various other means). The rule retains provision for service by publication because publication is authorized for a summons and petition that may affect title to real property. See Minn. Stat. § 518.11(c) (2010).
A joint proceeding is commenced on the date when both parties have signed the petition, and no summons is required. Minn. Stat. §§ 518.09 & 518.11. Rule 308.04 creates a procedure similar to that in Rule 302.01(c)(2) & (3). The Rule 302 procedure is available only in limited circumstances to allow for a completely streamlined procedure—use of a joint petition, agreement and judgment and decree of marriage dissolution without children or with children where the parties have agreed on all issues. The Rule 308 procedure is a more limited streamlined procedure, although it is available in any case, but it does not obviate service of a petition (or use of a separate joint petition). That procedure simply allows the parties to combine the marital termination agreement and judgment and decree into a single document. The decision to use the procedure established in Rule 308.04 may be made at any time, while the procedure in Rule 302.01(c) is, by its nature, limited to a decision prior to commencement of the proceedings.
Custody proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act are governed by Minnesota Statutes, chapter 518D. Interstate service and notice must be accomplished at least 20 days prior to any hearing in Minnesota. Service within the state is governed by Minn. R. Civ. P. 4.
Domestic abuse order for protection proceedings are governed by Minnesota Statutes, chapter 518B. Notice and the timing of personal service on the respondent varies according to the circumstances detailed in the statute. Support proceedings under the revised Uniform Interstate Family Support Act are governed by Minnesota Statutes, chapter 518C. The time for answer is governed by the law of the responding jurisdiction.
Statutes authorize commencement of certain Family Court Actions other than by summons and petition. Commencement of contempt proceedings under Minn. Stat. § 588.04 is addressed in Rule 309 of these rules. Court decisions set forth in Rodewald v. Taylor, 797 N.W.2d 729 (Minn. Ct. App. 2011), also permit commencement by motion following the signing of a Recognition of Parentage under Minn. Stat. § 257.75.
Actions to establish parentage are governed by Minnesota Statutes, chapter 257. Rule 314 of these rules addresses specific procedures applicable in these actions.
A child support proceeding that is not a IV-D case as defined in Rule 352.01(g)) must be commenced in district court and is subject to Rules 301-314. Actions for reimbursement for public assistance are governed by Minn. Stat. § 256.87 and are governed by the expedited process rules, Rules 351, et seq. The Petitioner must notify the public agency responsible for support enforcement of all proceedings if either party is receiving or has applied for public assistance. Minn. Stat. § 518A.44.
A party appearing pro se is required to perform the acts required by rule or statute in the same manner as an attorney representing a party. An attorney dealing with a party appearing pro se shall proceed in the same manner, including service of process, as in dealing with an attorney.
Minn. Gen. R. Prac. 122 shall be followed in connection with continuances for pre hearings and trial settings. No continuance of a motion shall be granted unless requested within 3 days of receiving notice under Rule 303.01(a) and unless good cause is shown Rule 302.03 Time
Time is governed by Minnesota Rules of Civil Procedure, except where a different time is specified by statute. Procedural time limits may be shortened for good cause shown. Rule 302.04 Designation of Parties
(a) Petitioner and Respondent. Parties to dissolution, legal separation, annulment custody, domestic abuse, U.C.C.J.A., and R.U.R.E.S.A. proceedings Family Court Actions shall be designated as petitioner (joint petitioners or petitioner and co-petitioner) and respondent. Parties to parentage and Minnesota Statutes, section 256.87 reimbursement actions shall be designated as plaintiff and defendant. After so designating the parties, it is permissible to refer to them as husband and wife, father and mother, or other designations if applicable by inserting the following in any petition, order, decree, etc.:
Petitioner is hereinafter referred to as (wife/husbandfamilial designation), and respondent as (husband/wifefamilial designation).
(b) Guardians Ad Litem. Appointment of a guardian ad litem for minor children is governed by the Rules of Guardian Ad Litem Procedure in Juvenile and Family Court (Rules 901-945-907). The guardian ad litem shall carry out the responsibilities set forth in the Rules of Guardian Ad Litem Procedure in Juvenile and Family Court. The guardian ad litem shall have the rights set forth in the Rules of Guardian Ad Litem Procedure in Juvenile and Family Court.
A guardian ad litem for minor children may be designated a party to the proceedings in the order of appointment. If the child is made a party to the proceeding, then the child's guardian ad litem shall also be made a party.
Advisory Committee Comment—-2012 Amendments
Rule 302.02(a) specifies that the proper designation of parties in family court proceedings is as petitioner and respondent. Where a proceeding is commenced jointly, both parties may be designated as co-petitioners. The rule permits the parties, once properly designated in the appropriate pleadings, to be designated by less formal terms that indicate their relationship. The rule is amended to recognize that those designations are not limited to husband and wife, and other forms of relationships are encountered in family court proceedings. The "petitioner" and "respondent" labels are to be used in parentage cases, despite the historic use of "plaintiff and "defendant" in these cases. There is no statutory or other requirement for the use of those labels, although at least one statute uses the term "defendant" in specifying the proper venue for these actions. See Minn. Stat. § 257.59. It is particularly helpful to use common terminology given the fact parentage proceedings may be combined with or joined with an action for dissolution, annulment, legal separation, custody under Minn. Stat. ch. 518, or reciprocal enforcement of support pursuant to Minn. Stat. § 257.59, subd. 1.
Rule 302.02(b) deals with guardians ad litem. A guardian appointed pursuant to Minnesota Statutes, section 257.60 becomes a party to the action if the child is made a party. The guardian then would be entitled to initiate and respond to motions, conduct discovery, call and cross-examine witnesses, make oral or written arguments or reports and appeal on behalf of a child without the necessity of applying to the court. This rule applies to appointment of a guardian ad litem for minor children. Appointment of a guardian in other situations is governed by Rule 17.02 of the Minnesota Rules of Civil Procedure.
A guardian appointed under Minnesota Statutes, section 518.165 is not a party to the proceeding, but may initiate and respond to motions and make oral statements and written reports on behalf of the child. A party has the right to cross-examine as an adverse witness the author of any report or recommendation on custody and visitation of a minor child. Scheibe v. Scheibe, 308 Minn. 449, 241 N.W.2d 100 (1976); Thompson v. Thompson, 238 Minn. 41, 55 N.W.2d 329 (1952).
RULE 303. MOTIONS; EX PARTE EMERGENCY RELIEF; ORDERS TO
SHOW CAUSE; ORDERS AND DECREES
Rule 303.01 Scheduling of Motions
(a) Notice. Notice of Obtaining Hearing Date.
(1) All motions shall be accompanied by either an order to show cause or by a notice of motion which shall state, with particularity, the time and place of the hearing and the name of the judge, referee, or judicial officer, as assigned by the local assignment clerk.
(2) Except in cases in which the parties reside in the same residence and there is a possibility of abuse, a party who obtains a date and time for hearing a motion shall promptly give written notice of the hearing date and time, and the name of the judicial officer, as assigned by the local assignment clerk , if known, and the primary issue(s) to be addressed at the hearing to all parties in the action. If the parties reside in the same residence and there is a possibility of abuse, notice shall be given in accordance with the Minnesota Rules of Civil Procedure.
(1) b) Notice of Motion. All motions shall be accompanied by either an order to show cause in accordance with Minn. R. Gen. Prac. 303.05 or by a notice of motion which shall state, with particularity, the date, time, and place of the hearing and the name of the judge, referee, or judicial officer if known, as assigned by the local assignment clerk.
(2) Except in cases in which the parties reside in the same residence and there is a possibility of abuse, a party who obtains a date and time for hearing a motion shall promptly give notice of the hearing date and time and the name of the judge or referee, if known, to all other parties in the action. If the parties reside in the same residence and there is a possibility of abuse, notice shall be given in accordance with the Minnesota Rules of Civil Procedure.
(b c) Notice of Time to Respond. All motions and orders to show cause shall contain the following statement:
The Rules establish deadlines for responding to motions. All responsive pleadings shall be served and mailed to or filed with the court administrator no later than five days prior to the scheduled hearing. The court may, in its discretion, disregard any responsive pleadings served or filed with the court administrator less than five days prior to such hearing in ruling on the motion or matter in question.
Advisory Committee Comment—2012 Amendments
Rule 303.01 imposes a simple burden on any party, whether or not represented by counsel: to promptly advise the other parties when a hearing date is obtained from the court. The rule codifies common courtesy, but also serves specific purposes of reducing the need to reschedule motion hearings and permitting the other side to submit motions at the same hearing, if appropriate. "Promptly" is intentionally not rigidly defined, but notice should be sent the same day the hearing date is obtained. Notice of the assignment of a judicial officer also starts the time to remove an assigned judicial officer under Minn. R. Civ. P. 63.03 and Minn. Stat. § 542.16.
The Rule exempts a party from giving prior notice if there is a "possibility of abuse" and where the two parties share the same residence. This admittedly subjective standard is retained in the rule for the protection of victims of domestic violence. The trial court retains the authority to impose sanctions for the improper use of this exception.
Rule 303.02 Form of Motion
(a) Specificity and Supporting Documents. Motions shall set out with particularity the relief requested in individually numbered paragraphs. All motions must be supported by appropriate signed, sworn and notarized affidavits that contain facts relevant and material to the issues before the court. The paragraphs of the affidavits should be specific and factual; where possible, they should be numbered to correspond to the paragraphs of the motion.
(b) Application for Temporary Relief. When temporary financial relief is initially requested, such as child support, maintenance, payment of debt and attorney's fees the application for temporary relief is requested, the Parenting/Financial Disclosure Statement form developed by the state court administrator shall be served and filed by the moving and responding parties. Additional facts, limited to relevant and material matters, shall be added to the application form or by supplemental affidavit , along with their motions and affidavits. Sanctions for failure to comply include, but are not limited to, the striking of pleadings or hearing.
Rule 303.03 Motion Practice
(a) Requirements for Motions.
(1) Moving Party, Supporting Documents, Time Limits. No motion shall be heard unless the initial moving party pays any required motion filing fee, properly serves a copy of the following documents on all parties on opposing counsel and files the original t hem with the court administrator at least 14 days prior to the hearing:
(i) Notice of motion and motion in the form required by Minn. Gen. R. Prac. 303.01(a) and 303.02;
(ii)Motion;
(iii)Any relevantRelevant signed, sworn and notarized affidavits and exhibits; and
(iviii) Any memorandum of law the party intends to submit.
(2) Motion Raising New Issues. A responding party raising new issues other than those raised in the initial motion shall pay any required motion filing fee, properly serve a copy of the following documents on opposing counsel, all parties and file the original them with the court administrator at least 10 days prior to the hearing:
(i) Notice of motion and motion in the form required by Minn. Gen. R. Prac. 303.01(a);jand303X)2;
(ii) Motion;
(iii)Any relevantRelevant signed, sworn and notarized, affidavits and exhibits; and
(iviii) Any memorandum of law the party intends to submit.
(3) Responding Party, Supporting Documents, Time Limits. The party responding to issues raised in the initial motion, or the party responding to a motion which that raises new issues, shall pay any required motion filing fee, properly serve a copy of the following documents on opposing counsel all parties, and file the original them with the court administrator at least five 5 days prior to the hearing, inclusive of Saturdays, Sundays, and holidays:
(i) Any memorandum of law the party intends to submit; and
(ii)Any relevantRelevant signed, sworn and notarized affidavits and exhibits.
(4) Computation of Time for Service and Filing By Mail. Whenever this rule requires documents to be served and filed with the court administrator within a prescribed period of time before a specific event, service and filing may must be accomplished as required by mail, subject to the following: (i) 3 days shall be added to the prescribed period; and (ii) filing shall not be considered timely unless the documents are deposited in the mail within the prescribed period. Service of documents on parties by mail is subject to the provisions of Minn. R. Civ. R. P. 5.02 and 6.05.
(5) Post-Trial Motions. The timing provisions of Rule 303.03(a) do not apply to post-trial motions.
(b) Failure to Comply. In the event an initial a moving party fails to timely serve and file documents required in this rule, the hearing may be cancelled by the court. If responsive papers are not properly served and filed, the court may deem the initial motion or motion raising new issues unopposed and may issue an order without a hearing. The court, in its discretion, may refuse to permit oral argument by the party not filing the required documents, may consider the matter unopposed, may allow reasonable attorney's fees, or may take other appropriate action.
(c) Settlement Efforts. No motion, except a motion for temporary relief, will be heard unless the parties have conferred Except in parentage cases when there has been no court determination of the existence of the parent and child relationship, and except in
situations where a court has ordered that no contact occur between the parties, the moving party shall, within 7 days of filing a motion, initiate a settlement conference either in person, or by telephone, or in writing in an attempt to resolve their differences prior to the hearing. The moving party shall initiate such conference. In matters involving post decree motions, if the parties are unable to resolve their differences in this conference they shall consider the use the issues raised. Unless ADR is not required under Rule 310, this conference shall include consideration of an appropriate ADR process under Rule 114 to attempt to accomplish resolution. The moving party shall certify to the court, before the time of the hearing, compliance with this rule or any reasons for not complying., including lack of availability or cooperation of opposing counsel. The moving party shall file a Certificate of Settlement Efforts in the form developed by the state court administrator not later than 24 hours before the hearing. Unless excused by the Court for good cause, no motion shall be heard unless the parties have complied with this rule. Whenever any pending motion is settled, the moving party shall promptly advise the court.
(d) Motion with Request for Oral Testimony.
(1) General Rule. Motions, except for contempt proceedings, shall be submitted on affidavits, exhibits, documents subpoenaed to the hearing, memoranda, and arguments of counsel unless otherwise ordered by the court for good cause shown. If demand is made except for contempt proceedings or as otherwise provided for in these rules.
(2) Request for Leave for Oral Testimony. Requests for the taking of oral testimony must be made by motion served and filed not later than the filing of that party's initial motion papers. , and if the matter cannot be heard adequately in the scheduled time, the hearing shall be utilized as a prehearing conference. Requests for hearing time in excess of one half hour shall be submitted by written motion specifically setting forth the necessity and reason that evidence cannot be submitted by affidavit. The motion shall include names of witnesses, nature and length of testimony, including cross-examination, and types of exhibits, if any. The court may issue an order limiting the number of witnesses each party may call, the scope of their testimony, and the total time for each party to present evidence. Such an order shall be made only after the lawyer for each party has had an opportunity to suggest appropriate limits.
(3) Request for Hearing Longer Than One-Half Hour. Requests for hearing time in excess of one-half hour must be submitted by separate written motion specifically setting forth the necessity and reason that evidence cannot be submitted by affidavit.
(4) Conversion to Prehearing Conference. If the matter cannot be heard adequately in the scheduled time, the hearing shall be used as a prehearing conference.
(5) Court Discretion to Solicit Oral Testimony. If the request required by subdivision (2) of this rule has not been made, the court shall not take oral testimony at the scheduled hearing unless the court in its discretion solicits additional evidence from the parties by oral testimony.
(6) Order. In the event the court permits oral testimony, it may issue an order limiting the number of witnesses each party may call, the scope of their testimony, and the total time for each party to present evidence. Each party shall be afforded an opportunity to suggest appropriate limits.
(7) Interviews of Minor Children. Any motion relating to custody or visitation shall additionally state whether either party desires the court to interview minor children. No child under the age of fourteen years will be allowed to testify without prior written notice to the other party and court approval.
Rule 303.04 Ex parte and Emergency Relief
Advisory Committee Comment—2012 Amendments
Motion practice in family law matters is intended to mirror, where appropriate to the needs of family law issues, the procedures followed generally in civil cases in Minnesota courts. The prevailing practice in Minnesota courts is for the submission of evidence relating to motions by written submissions, with sworn testimony provided by affidavit, deposition, or other written submissions. Rule 303.03(d)(1) restates that rule. The balance of Rule 303.03(d) addresses the process to request leave to present oral testimony in the limited circumstances where it may be appropriate. Minn. Stat. § 518.131, subd. 8, provides for allowing oral testimony upon demand of a party in requests for a temporary order or restraining order.
Rule 303.03(a)(5) makes it clear that the stringent timing requirements of the rule need not be followed on post-trial motions, such as a motion for a new trial or for amended findings made shortly after the conclusion of trial. See Minn. R. Civ. P. 52 & 59. This change is made to continue the uniformity in motion practice between family court matters and general civil cases, and is patterned on Minn. Gen. R. Prac. 115.01(c). Support, spousal maintenance, and custody modification motions, often brought months or years later, are subject to the general timing rules for motions.
The requirement in subsection (c) of an attempt to resolve motion disputes requires that the efforts to resolve the matter be made before the hearing, not before bringing the motion. The rule requires the moving party to initiate settlement efforts. If the motion is resolved, subsection (c) requires the parties to advise the court immediately. Although mandated settlement efforts may create additional challenges for pro se parties, Rule 1.04 requires compliance with the rules by all parties, including pro se parties, subject to relief granted by the court to prevent a manifest injustice under rule 1.02.
The rule explicitly addresses the requirement for paying a motion filing fee. Since 2003, Minnesota law requires a fee for "filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases." See Minn. Stat. § 357.021, subd. 2(4).
(a) Motion Governing Rules. The court may grant ex parte emergency relief only if requested by a motion with supporting affidavit, properly executed if the requirements in this Rule 303.04 are met. If emergency relief is sought ex parte, the party seeking the relief must demonstrate compliance with Rule 3 of these rules.
(b) Order to Show Cause. An order to show cause shall not be used to grant ex parte relief except in those cases where permitted pursuant to Minn. Gen. R. Prac. 303.05.
(c) Filing. All such orders and supporting documents must be filed with the order appropriately signed out for personal service. A conformed file copy of such order shall be retained by the court administrator in the file.
(d) Interim Support Order. To insure support for an unemployed party or a party with children pending a full temporary hearing, an initial order to show cause may, if the situation warrants, contain the following;
IT IS FURTHER ORDERED that pending the aforesaid scheduled hearing, you, shall pay to the (petitioner)—(respondent) commencing forthwith _____ percent of your net earnings after the usual deductions for FICA, withholding taxes and group insurance, such payments to be made within 24hours of your receipt of such earnings for each pay period. These payments are to insure that provision is made by you for the support of your (wife) (husband) (and) (children) pending the aforesaid hearing.
(c) Requirement of Motion; Form. The party seeking emergency relief must state with specificity in a motion and affidavit:
The percentage to be used will be in accordance with the statutory child support guidelines and such other factors related to maintenance as the court deems appropriate.
(i) Why emergency relief is required;
(ii) The relief requested;
(iii) Disclosure of any other attempts to obtain the same or similar relief and the result;
(iv) If there was a prior attempt to obtain emergency relief, the name of the judicial officer to whom the request was made;
(v) If a prior request was denied for the same or similar relief, explain what new facts are presented to support the current motion.
(d) Proposed Order. The party seeking emergency relief must present a proposed order for the court's consideration.
(e) Notice. The party seeking emergency relief must serve the motion and affidavit, including notice of the time when and the place where the motion will be heard, on the other party or counsel, unless:
(i) the party seeking emergency relief provides a written statement that the party has made a good faith effort to contact the other party or counsel and has been unsuccessful; or
(ii) the supporting documents show good cause why notice to the other party should not be required and the court waives the notice requirement.
(f) Hearing. An order granting emergency relief without notice shall include a return hearing date before the judicial officer hearing the matter. If the relief obtained
affects custody or parenting time, the court shall set the matter for hearing within 14 days of the date the emergency relief is granted.
There must be a showing in the Application for Temporary Relief or separate affidavit of the necessity for the interim order for support.
Advisory Committee Comment—2012 Amendments
Rule 303.04 is amended to make clearer the circumstances that justify seeking either emergency or ex parte relief. "Emergency" and "ex parte" are not synonymous, though sometimes both might be justified in a particular situation. Emergency relief may be appropriate where there is urgency, not caused by lack of diligence on the part of the moving party, that makes the normal deadlines in the rules unworkable. Even where exigent circumstances justify shortening the deadlines, they do not generally excuse the giving of notice—or the attempt thereof—to the other side. Rare situations may, however, permit or even demand that notice not be given to the other side before seeking relief from the court. Where destruction of property or evidence is threatened, assets appear to be concealed or are threatened to be concealed, or the abduction of children has occurred or is threatened, or other situations exist where the giving of notice is likely to make any relief impossible to obtain, the court may consider the matter ex parte (without notice to the other side). Rule 3 of these rules provides clear guidelines on seeking ex parte relief. The standards of Rule 65.01 of the Minnesota Rules of Civil Procedure also provide guidance for relief in family law manners. See Minn. R. Civ. P. 65.01 (permitting relief without notice if "immediate and irreparable injury, loss, or damage will result.").
As is true for temporary restraining orders, any order granted without notice to all parties should be of extremely short duration and the court should hold a hearing upon notice to all parties before continuing or extending the relief. The availability of temporary relief, and the limits on that relief, are set forth in Minn. Stat. § 518.131.
Rule 303.05 Orders to Show Cause
Orders to show cause shall be obtained in the same manner specified for ex parte relief in Rule 3 of these rules. Such orders may require production of limited financial information deemed necessary by the court. An order to show cause shall be issued only where the motion seeks a finding of contempt under Rule 309 or the supporting affidavit makes an affirmative showing of:
(a) a need to require the party to appear in person at the hearing, or
(b) the a need for interim support is warranted, or
(c) the production of limited financial information is deemed necessary by the court, or
(d) a need for the issuance of an order to show cause, subject to the discretion of the judge, such other limited relief and appropriate restraining orders, as addressed individually in the separate supportive affidavit for ex parte relief.
All orders to show cause must be appropriately signed out for service. A conformed file copy of such order shall be retained by the court administrator in the file.
Advisory Committee Comment—2012 Amendments
Orders to show cause should be issued only when it is necessary that a party appear at a hearing. In most situations, the provision of notice of a hearing, and allowing parties to appear if they choose to contest entry of the relief sought, is sufficient. Orders to show cause are specifically authorized, in limited circumstances, by statute. See, e.g., Minn. Stat. §§ 256.87, subd. la; 393.07, subd. 9; 518A.73; and 543.20. It is often preferable to use a notice of motion, and if attendance is required, to issue a subpoena to a non-party. See, e.g., Stevens County Social Service Dept. ex rel. Banken v. Banken, 403 N.W.2d 693 (Minn. Ct. App. 1987). Orders to show cause are a recognized part of contempt proceedings. See, e.g., Minn. Stat. § 588.04.
Parties should be aware that improper use of an order to show cause can result in the imposition of sanctions. See, e.g., Nelson v. Quade, 413 N.W.2d 824 (Minn. Ct. App. 1987).
Former Rule 303.06 setting forth notices to be included in a final decree have largely been obviated by statutorily required notices. Notices required under statute are discussed in Rule 308.02 and its accompanying advisory committee comment.
All orders and judgments and decrees which include awards of child support and/or maintenance, unless otherwise directed by the court, shall include the following provisions:
That both parties are hereby notified that:
(a) Payment of support or maintenance, or both, is to be as ordered herein, and the giving of gifts or making purchases of food, clothing and the like will not fulfill the obligation.
(b) Payment of support must be made as it becomes due, and failure to secure, or denial of rights of, visitation is not an excuse for nonpayment, but the aggrieved party must seek relief through proper motion filed with the court.
(c) The payment of support or maintenance, or both, takes priority over payment of debts and other obligations.
(d) A party who remarries after dissolution and accepts additional obligations of support does so with full knowledge of his or her prior obligations under this proceeding.
(e) Child support and maintenance are based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made regularly throughout the year as ordered.
RULE 304. SCHEDULING OF CASES
Rule 304.01 Scope
The purpose of this rule is to provide a uniform system Rules 304.01 through 304.05 provide for scheduling matters for disposition and trial in all proceedings in f Family c Court Actions, excluding only the following:
(a) Actions for reimbursement of public assistance (Minn. Stat. § 256.87);Rule 304.02
(b) Contempt (Minn. Stat. ch. 588);
(c) Domestic abuse proceedings (Minn. Stat. ch. 518B);
(d) Child custody enforcement proceedings (Minn. Stat. ch. 518AD);
(e) Support enforcement proceedings (Minn. Stat. ch. 518C--R.U.RI.EF.S.A.);
(f) Withholding of refunds from support debtors (Minn. Stat. § 289A.50, subd. 5);
(g) Proceedings to compel payment of child support (Minn. Stat. § 393.07, subd. 9);and
(h) Proceedings for support, maintenance or county reimbursement judgments (Minn. Stat. § 548.091); and
(i) Expedited Child Support Proceedings (Minn. Gen. R. Prac. 351 through 379). Rule 304.06 applies to all Family Court Actions.
(a) Timing. Within 60 days after filing an action or, if a temporary hearing is scheduled within 60 days of the filing of the action, then within 60 days after a temporary hearing is initially scheduled to occur, whichever is later, each party shall submit, on a form to be available from the court and developed by the state court administrator, the information needed by the court to manage and schedule the case.
(b) Content. The information provided shall include:
(1) Whether minor children are involved, and if so:
(i)Whether custody is in dispute; and
(ii)Whether the case involves any issues seriously affecting
the welfare of the children;
(2)Whether the case involves complex evaluation issues, and/or marital and nonmarital property issues;
(3)Whether the case needs to be expedited, and if so, the specific supporting facts;
(4)Whether the case is complex, and if so, the specific supporting facts;
(5)Specific facts about the case which will affect readiness for trial;
(6)Recommended alternative dispute resolution process, the timing of the process, the identity of the neutral selected by the parties or, if the neutral has not yet been selected, the deadline for selection of the neutral. If ADR is believed to be inappropriate, a description of the reasons supporting this conclusion;
(7)Identification of interpreter services (specifying language and, if known, particular dialect) any party anticipates will be required for any witness or party: and
(8)A proposal for establishing any of the deadlines or dates to be included in a scheduling order pursuant to this rule.
(c) Unrepresented Parties. Parties not represented by a lawyer may use forms developed specially by the state court administrator for unrepresented parties.
Within 60 days after the initial filing in a case, or sooner if the court requires, the parties shall file an Initial Case Management Statement that substantially conforms to the form developed by the state court administrator.
Advisory Committee Comment—2012 Amendments
Rule 304.02 is amended to reflect the more varied approaches to case management being used in Minnesota courts. The Initial Case Management Statement replaces the former Party's Information Statement form and is intended to be a more flexible device for obtaining information to be used by the court in making case-management decisions. Supplemental information regarding local programs such as Early Case Management and/or Early Neutral Evaluation addressing may require submission of separate information on a separate time deadline.
Rule 304.03 Scheduling Order
(a) When Issued. Within thirty days after the expiration of the time set forth in Minn. Gen. R. Prac. Rule 304.02 for filing informational statements an Initial Case Management Statement, the court shall enter its scheduling order. The court may issue the order after either a telephone or in court conference, or without a conference or hearing if none is needed.
(b) Contents of Order. The scheduling order shall provide for alternative dispute resolution as required by Rule 114.04(c) and may establish any of the following:
(1) Deadlines or specific dates for the completion ofdiscovery and other pretrial preparationalternative dispute resolution including but not limited to mediation and early neutral evaluations;
(2) Deadlines or specific dates forserving, filing or hearing motionsthe completion of discovery and other pretrial preparation;
(3) Deadlines or specific dates for serving, filing or hearing motions;
(4) A deadline or specific date forthe prehearing conference; andcustody, parenting time or property evaluations;
(5) A deadline or specific date for theprehearingpretrial conference; and
(6) A deadline or specific date for the trial or final hearing.
Rule 304.04 Amendment
A scheduling order pursuant to this rule may be amended at a prehearing any pretrial or settlement conference;, or upon motion for good cause shown, or upon approval by authorized court personnel if there is agreement of all parties. , or upon stipulation of the parties if approved by the court.
Rule 304.05. Collaborative Law
A scheduling order under this rule may include provision for deferral on the calendar pursuant to Rule 111.05(b) of these rules and for exemption from additional ADR requirements pursuant to Rule 111.05(c). Rule 304.06 Continuances
(a) Trial. Minn. Gen. R. Prac. 122 governs continuances for trial settings unless the court directs otherwise.
(b) Motions and Pretrial. A request for a continuance of a motion or pretrial conference shall be in writing and set forth the basis for the request.
RULE 305. PREHEARING PRETRIAL CONFERENCES
Rule 305.01 Prehearing Parenting/Financial Disclosure Statement
Each party shall complete a prehearing conference Parenting/Financial Disclosure
statement substantially in the form developed by the state court administrator which shall be served upon all parties and mailed to or filed with the court at least 10 7 days prior to the date of the prehearing pretrial conference. Rule 305.02 Prehearing Pretrial Conference Attendance
(a) Parties and Counsel. Unless excused by the court for good cause, the parties and lawyers who will try the proceedings shall attend the prehearing pretrial conference, prepared to negotiate a final settlement. The lawyers attending the pretrial conference must have authority to settle the case. If a stipulation is reduced to writing prior to the prehearing pretrial conference, the case may be heard administratively or as a default at the time scheduled for the conference. In that the events the matter will proceed as a default, then only the party obtaining the decree need appear.
(b) Failure to Appear—Sanctions. If a party fails to appear at a prehearing pretrial conference, the court may dispose of the proceedings without further notice to that party.
(c) Failure to Comply—Sanctions. Failure to comply with the rules relating to prehearing pretrial conferences may result in the case being stricken from the contested calendar, granting of partial relief to the appearing party, striking of the nonappearing party's pleadings and the hearing of the matter as a default, award of attorney fees and costs, and such other relief as the court finds appropriate, without further notice to the defaulting party. Rule 305.03 Prehearing Conference Order for Trial or Continued Pretrial Conference
If the parties are unable to resolve the case, in whole or in part, at the prehearing pretrial conference, the court shall issue an order which that schedules any remaining discovery and any contemplated motions, identifies the contested issues for trial, and provides for the exchange of witness lists and exhibits to be offered at trial. The order shall identify and describe the resolution of uncontested issues that have been placed on the record.
RULE 306. DEFAULT
Rule 306.01 Scheduling of Final Hearing
Except when proceeding under Rule 302.01(b) by Joint Petition, Agreement and Judgment and Decree, to place a marriage dissolution matter on the default calendar for final hearing or for approval without hearing pursuant to Minnesota Statutes, section 518.13, subdivision 5, the moving party shall submit a default scheduling request substantially in the Default Scheduling Request form developed by the state court administrator and shall comply with the following, as applicable:
(a) Without Stipulation—No Appearance. In all default proceedings where a stipulation has not been filed, an affidavit Affidavit of default Default and of nonmilitary status Nonmilitary Status of the defaulting party or a waiver by that party of any rights under the Servicemembers Civil Relief Act, as amended, shall be filed with the court.
(b) Without Stipulation—Appearance. Where the defaulting party has appeared by a pleading other than an answer, or personally without a pleading, and has not affirmatively waived notice of the other party's right to a default hearing, the moving party shall notify the defaulting party in writing at least fourteen (14) days before the final hearing of the intent to proceed to Judgment. The notice shall state:
You are hereby notified that an application has been made for a final hearing to be held on __________, 20 _, at _:__ __.m. at _____________ [a date not sooner thanThe default hearing will not be held until the notice has been mailed to the defaulting party at the last known address and an affidavit of service by mail has been filed.fourteen(14)days from the
date of this notice]. You are further notified that the court will be requested to grant the relief requested in the petition at the hearing. You should contact the undersigned and the District Court Administrator immediately if you have any defense to assert to this default judgment and decree.
If the case is to proceed administratively without a hearing under Minn. Stat. § 518.13, subdivision 5, then the notice shall be sent after the expiration of the 30-day answer period, but at least fourteen (14)-days before submission of a default scheduling request as required by this rule, and shall state:
You are hereby notified that an application will be made for a final judgment and decree to be entered not sooner thanfourteen(14) days from the date of this notice. You are further notified that the court will be requested to grant the relief requested in the Petition. You should contact the undersigned and the District Court Administrator immediately if you have any defense to assert to this default judgment and decree.
(c) Default with Stipulation. Whenever a stipulation settling all issues has been executed by the parties, the stipulation shall be filed with an affidavit of nonmilitary status of the defaulting party or a waiver of that party's rights under the Servicemembers Civil Relief Act, as amended, if not included in the stipulation.
In a stipulation where a party appears pro se, the following waiver shall be executed by that party:
I know I have the right to be represented by a lawyer of my choice. I hereby expressly waive that right and I freely and voluntarily sign the foregoing stipulation.Rule 306.02 Preparation of Decree [Abrogated]
Petition. Nonetheless, the court may, in its discretion, consider some appropriate measures to prevent the case from being decided on a default basis and to obviate a motion for relief from the default judgment and decree. Accordingly, the rule is amended to afford more useful notice as to the request for a default. Defaults in other types of family proceedings are governed by Rule 55 of the Minnesota Rules of Civil Procedure.
Advisory Committee Comment—2012 Amendments
Rule 306 attempts to make clear the role of notice required to be given to parties who are in default but who have "appeared" in some way in marriage dissolution proceedings. A party is not entitled to prevent entry of judgment if that party is in default by not serving and filing a timely written answer to the
The rule does not define how a party might appear either by "a pleading other than an answer," or "personally without a pleading." Both conditions should be limited to actions that approach responding to the Petition despite the fact they may be insufficient as a matter of law to stand as a response. Sending a letter that responds to a Petition might suffice for the first condition, as might a letter to the court. Appearing at a court hearing despite having not answered would certainly meet the "appeared personally" condition. When in doubt as to other circumstances, the party seeking a default should, to comply with Rule 306.01(b), provide the required notice, with the expectation that many of these responses that fall short of an answer will not prevent entry of judgment.
Except in a proceeding under Rule 302.01(b) commenced by Joint Petition, Agreement and Judgment and Decree, or in a scheduled default matter, proposed findings of fact, conclusions of law, order for judgment and judgment and decree shall be submitted to the court in advance of, or at, the final hearing.
Advisory Committee Comment—2012 Amendments
Rule 306.02 is abrogated because it sets forth procedures that do not need to be established by rule and in practice individual judges deal with the preparation of a decree in different ways. The court may still require the submission of proposed findings of fact, conclusions of law, order for judgment, and judgment and decree in advance of the hearing.
RULE 307. FINAL HEARINGS
(a) Failure to Appear—Sanctions. Failure to appear at the scheduled final hearing may result in the case being stricken from the contested calendar, granting of partial relief to the appearing party, striking of the nonappearing party's pleadings and the hearing of the matter as a default, an award of attorney's fees and costs, and such other relief as the court finds appropriate, without further notice to the defaulting party.
(b) Stipulations Entered in Open Court—Preparation of Findings. Where a stipulation has been entered orally upon the record, the lawyer directed to prepare the decree shall submit it to the court with a copy to each party. Unless a written, fully executed stipulation is filed or unless the decree contains the written approval of the lawyer for each party or the other party or their legal representative, a transcript of the oral stipulation shall be filed by the lawyer directed to prepare the decree. Responsibility for the cost of the transcript shall be determined by the court. Entry of the decree shall be deferred for fourteen (14) days to allow for objections unless the decree contains the written approval of the lawyer for each party, or the other party if not represented. RULE 308. FINAL ORDER, JUDGMENT OR DECREE
Rule 308.01 Notices; Service
(a) Awards of Child Support and/or Maintenance. All orders, judgments, and decrees which that include awards of child support and/ or maintenance, unless otherwise directed by the court, shall include the provisions set forth in Minnesota Gen. R. Prac. 303.06. Statutes section 518.68 (Appendix A).
(b) Public Assistance. When a party is receiving or has applied for public assistance, the party obtaining the judgment and decree shall serve a copy of the judgment and decree on the agency responsible for child support enforcement, and the decree shall direct that all payments of child support and spousal maintenance shall be made to the agency providing the assistance Minnesota Child Support Central Payment Center for as long as the custodial parent is receiving assistance.
(c) Child Support Enforcement. When a private party has applied for or is using the services of the local child support enforcement agency, a copy of the decree shall be served by mail by the party submitting the decree for execution upon the county agency involved.
(d) Supervised Custody Parenting Time or Visitation. A copy of any judgment and decree or other order directing ongoing supervision of custody parenting time or visitation shall be provided to the appropriate agency by the party obtaining the decree or other order.
Rule 308.02 Statutorily Required Notices
Where statutes require that certain subjects be addressed by notices in an order or decree, the notices may shall not be included verbatim but shall be set forth in an attachment and incorporated by reference.
Rule 308.03 Sensitive Matters
Whenever the findings of fact include private or sensitive matters as determined
by the court, a party may submit a judgment and decree may be supported by separate documents comprising findings of fact, conclusions of law, and order for judgment.
Rule 308.04. Joint Marital Agreement and Decree
The parties to any marital dissolution proceeding may use a combined agreement and judgment and decree for marriage dissolution. A judgment and decree which that is subscribed to by each party before a notary public and contains a final conclusion of law with words to the effect that "the parties agree that the foregoing Findings of Fact and Conclusions of Law incorporate the complete and full Marital Termination Agreement agreement" shall, upon approval and entry by the court, constitute an agreement and judgment and decree for marriage dissolution for all purposes.
Advisory Committee Comment—2012 Amendment
Rule 308.02 refers to statutory notice. The legislature has established numerous forms of notice including those required by Minn. Stat. § 518.68. These requirements are met in a two-page notice form, which is known as Appendix A and labeled as FAM 301 on the state court website (www.mncourts.gov, under "Court Forms" click on "Other").
Rule 308.04 allows parties in any marriage dissolution proceeding, whether commenced by petition or joint petition, to use a combined agreement and judgment and decree. The agreement is often termed a "marital termination agreement," but that label is not required by the rule. The primary benefit of this procedure is to reduce the risk of discrepancy between the terms of a marital termination agreement and the judgment and decree it purports to authorize. This procedure should benefit both the parties and the court in streamlining the court procedure where the parties are in agreement. The rule permits the parties to use this procedure by agreement, but does not require its use.
The procedure in Rule 308.04 is similar to the procedure for use of a combined Joint Petition, Agreement and Judgment and Decree under Rule 302.01(b)(2), and is available in all cases where the parties agree on all issues.
The use of this procedure will result in the marital termination agreement becoming an integral part of the judgment and decree, which will render it a public record. To the extent the parties' agreement contains confidential information, they should consider alternative methods of protecting that information, such as use of separate documents as provided for in Rule 308.03 so the agreement is not filed or the use of the confidentiality protection procedures contained in Minn. Gen. R. Prac. 11.
RULE 309. CONTEMPT
Rule 309.01 Initiation
(a) Moving Papers—Service; Notice. Contempt proceedings may be initiated by notice of motion and motion or by an order to show cause served upon the person of the alleged contemnor together with motions accompanied by appropriate supporting affidavits. Pursuant to Rule 303.05 an order to show cause may be issued by the court without notice to the alleged contemnor provided the supporting affidavits credibly raise an issue of contempt.
(b) Content of Order to Show Cause or Notice of Motion and Motion. The order to show cause shall direct the alleged contemnor to appear and show cause why he or she should not be held in contempt of court and why the moving party should not be granted the relief requested by the motion. If proceeding by notice of motion and motion, the motion may seek that relief directly.
The notice of motion and motion or the order to show cause shall contain at least the following:
(1) a reference to the specific order or judgment of the court alleged to have been violated and the date of entry or filing of the order or judgment;
(2) a quotation of the specific applicable provisions ordered;and
(3) the alleged failures to comply;
(4) notice to the alleged contemnor that his or her ability to pay is a crucial issue in the contempt proceeding and that a Parenting/Financial Disclosure Statement form for submitting ability to pay information is available from the state court website, and this form should be served and filed with the court at or before the contempt hearing; and
(5) a date to appear for a Rule 309.02 hearing no later than 60 days after the issuance of the notice of motion or order to show cause.
(b c) Affidavits. The supportive affidavit of the moving party shall set forth each alleged violation of the order with particularity. Where the alleged violation is a failure to pay sums of money, the affidavit shall state the kind of payments in default and shall specifically set forth the payment dates and the amounts due, paid and unpaid for each failure.
The Any responsive affidavit shall set forth with particularity any defenses the alleged contemnor will present to the court. Where the alleged violation is a failure to pay sums of money, the affidavit shall set forth the nature, dates and amount of payments, if any.
The supportive affidavit and the responsive affidavit shall contain numbered paragraphs which shall be numbered to correspond to the paragraphs of the motion where possible.
Advisory Committee Comment—2012 Amendments
Rule 309.01 does not require that contempt proceeding be commenced by an order to show cause, even though that is the most common and most direct means of commencing the proceedings. Although an order to show cause is an available mechanism for initiating contempt proceedings, the authorizing statute also recognizes that these proceedings may be commenced by motion accompanied by appropriate notice. See Minn. Stat. § 588.04. The amendment to Rule 309.01 is intended simply to recognize that both mechanisms are available. In many situations, proceeding by order to show cause is preferable. Use of an order to show cause, which is court process served with the same formality as a summons, permits the court to impose sanctions directly upon failure to comply. See Minn. Stat. § 588.04. The order to show cause is still the preferred means to commence a contempt proceeding if there is meaningful risk that the alleged contemnor will not to appear in response to a notice of motion. Service of the order to show cause upon the person provides jurisdiction for the issuance of a writ of attachment or bench warrant, if necessary, and meets the requirement for notice of an opportunity to be heard. See Clausen v. Clausen, 250 Minn. 293, 84 N.W.2d 675 (1976); Hopp v. Hopp, 279 Minn. 170, 156 N.W.2d 212 (1968).
The requirement in Rule 309.01(b)(5) that a hearing be held within 60 days of issuance of an order or notice of motion is intended to create the standard rule and to underscore the importance of holding the hearing promptly so that the contempt issues may be resolved. Where exceptional circumstances are found to exist by the court, the hearing may be held later than 60 days from the order or notice, but it should still be heard by the court as promptly as possible.
Rule 309.02 Hearing
The alleged contemnor must appear in person before the court to be afforded the opportunity to resist respond to the motion for contempt by sworn testimony. The court shall not act upon affidavit alone, absent express waiver by the alleged contemnor of the right to offer sworn testimony.
Rule 309.03 Sentencing
(a) Default of Conditions for Stay. Where the court has entered an order for contempt with a stay of sentence and there has been a default in the performance of the condition(s) for the stay, before a writ of attachment or a bench warrant will be issued, an affidavit of noncompliance and request for writ of attachment must be served upon the person of the defaulting party, unless the person is shown to be avoiding service.
(b) Writ of Attachment. The writ of attachment shall direct law enforcement officers to bring the defaulting party before the court for a hearing to show cause why the stay of sentence should not be revoked. A proposed order for writ of attachment shall be submitted to the court by the moving party. Rule 309.04 Findings
An order finding contempt must be accompanied by appropriate findings of fact.
Advisory Committee Comment—2012 Amendments++++
Rule 309.04 requires findings. Findings are required to permit appellate review of a contempt order. In cases where incarceration is a consequence of a contempt finding, due process may require notice to the alleged contemnor of the right to show inability to pay and findings on that issue. See Turner v. Rogers, 564 U.S. _, 131 S. Ct. 2507, 180 L. Ed. 2d 254 (2011).
RULE 310. ALTERNATIVE DISPUTE RESOLUTION
Rule 310.01 Applicability
(a) When ADR Required. All family law matters in district court are subject to Alternative Dispute Resolution (ADR) processes as established in Rule 114, except for:
1. actions enumerated in Minn. Stat., ch. 518B (Domestic Abuse Act),
2. contempt actions, and
3. maintenance, support, and parentage actions when the public agency responsible for child support enforcement is a party or is providing services to a party with respect to the action.
(b) ADR When There Is Domestic Abuse. The court shall not require parties to participate in any facilitative process if one of the parties claims to be the victim of domestic abuse by the other party or if the court determines there is probable cause that one of the parties or a child of the parties has been physically abused or threatened with physical abuse by the other party. In circumstances when the court is satisfied that the parties have been advised by counsel and have agreed to an ADR process established in Rule 114 that will not involve require face-to-face meeting of the parties, the court may direct that the ADR process be used.
The court shall not require parties to attempt ADR if they have made an unsuccessful effort to settle all issues previously engaged in an ADR process under Rule 114 with a qualified neutral before the filing of Informational Statement, and reached an impasse.
Rule 310.02 Post-Decree Matters
The court may order ADR under Rule 114 in matters involving post-decree relief. The parties shall discuss the use of ADR as part of the settlement conference required by Rule 303.03(c).
Rules 310.03-310.09 (Deleted effective July 1, 1997.)
RULE 311. FORMS
The forms developed by the state court administrator are sufficient under these rules. Forms are currently maintained on the state court website (www.mncourts.gov). Court Administrators in each Judicial District shall make the forms available to the public at a reasonable cost.
Advisory Committee Comment—2012 Amendments
Rule 311 establishes that court-established forms for family matters are deemed sufficient under the rules. These specific forms are not required to be used, but they contain what is required and are therefore appropriate for use.
These rules direct the state court administrator to develop various forms: See Rules 303.02(b) (Parenting/Financial Disclosure Statement); 303.03(c) (Certificate of Settlement Efforts); 304.02(Initial Case Management Statement); 305.01(Parenting/Financial Disclosure Statement); and 306.01 (Default Scheduling Request). By maintaining the forms on the courts' website they can be readily updated and distributed to all potential users.
RULE 312. REVIEW OF REFEREE'S FINDINGS OR RECOMMENDATIONS
Review of decisions of district court referees is controlled by applicable statutes and orders of the supreme court.
Advisory Committee Comment—2012 Amendments
Rule 312 is amended to replace the former rule, which established now-obsolete procedures for review of the findings or recommendations of a district court referee in family law matters. Family court referees are now used in limited circumstances in two districts, and the processes followed are established by statute and supreme court orders. Under Minn. Stat. § 484.65,
subd. 9, recommended orders and findings of Fourth Judicial District referees are subject to confirmation by a district court judge, and once confirmed by the district court judge the orders and findings may be appealed directly to the court of appeals. Essentially the same is true in the Second Judicial District under a series of orders establishing a pilot project that is still operating. The history of the pilot project is set forth by the Minnesota Court of Appeals in its Special Term Opinion in Culver v. Culver, 111 N.W.2d 547 (Minn. Ct. App. 2009):
The pilot project came into existence in the Second Judicial District in 1996. See 1996 Minn. Laws ch. 365, § 2 (allowing Second Judicial District to implement pilot project assigning related family matters to single judge or referee); In re Second Judicial Dist. Combined Family, Civil Harassment, Juvenile Probate Jurisdiction Pilot Project, No. CX~89-1863 (Minn. Apr. 10, 1996) (suspending, in light of pilot project, Minn. R. Gen. Pract. 312.01, which recites procedure for district-court review upon filing of petition for review). The suspension is still in effect. See 1998 Minn. Laws ch. 367, art. 11, § 26 (extending pilot-project legislation); 2000 Minn. Law ch. 452, § 1 (same); 2002 Minn. Law ch. 242 (same); In re Second Judicial Dist. Combined Family, Civil Harassment, Juvenile Probate Jurisdiction Pilot Project, No. CX-89-1863 (Minn. June 17, 1998) (extending suspension); (Minn. May 23, 2000) (same); (Minn. June 3, 2002) (extending suspension until further order of supreme court).Id., n.l.
Upon the filing of the notice of review of a referee's findings or recommended order, the court administrator shall notify each party:
(a) of the name of the judge to whom the review has been assigned;
(b) that the moving party shall have 10 days from the date of mailing the notice of assignment in which to file and serve a memorandum; and
(c) that the responding party(s) shall have 20 days from the date of mailing the notice of assignment within which to file and serve a responsive memorandum.
Failure to file and serve these submissions on a timely basis may result in dismissal of the review or disallowance of the submissions. No additional evidence may be filed and no personal appearance will be allowed except upon order of the court for good cause shown after notice of motion and motion.
The review shall be based on the record before the referee and additional evidence will not be considered, except for compelling circumstances constituting good cause. Rule 312.02 Transcript of Referee's Hearing
Any party desiring to submit a transcript of the hearing held before the referee shall make arrangements with the court reporter at the earliest possible time. The court reporter must advise the parties and the court of the date by which the transcript will be filed. The order and submission of the transcript shall not delay the due dates for the submissions described in Rule 312.01.
RULE 313. CONFIDENTIAL NUMBERS AND TAX RETURNS
The requirements of Rule 11 of these rules regarding submission of restricted identifiers (e.g., social security numbers, employer identification numbers, financial account numbers) and financial source documents (e.g., tax returns, wage stubs, credit card statements) apply to all family court matters.
RULE 314. PARENTAGE PROCEEDINGS
In proceedings to determine parentage, the following additional rules apply:
(a) Parentage proceedings are commenced by a Summons and Complaint.
(b) The parties in parentage proceedings are one or more Petitioners and one or more Respondents, and must be so named in the initial pleadings. After so designating the parties, it is permissible to use descriptive labels as allowed by Rule 302.02(a).
(c) Upon proper demand, the parties to parentage proceedings may obtain a jury trial.
Advisory Committee Comment—2012 Amendments
Rule 314 is a new rule, included to collect in one place the special procedures followed in parentage (paternity) cases. The rule is not the source of the procedures set forth in the rule; these procedures are either dictated by statute or common law. See, e.g., Minn. Stat. §§ 257.57, 257.67 (commencement of parentage action and specifying that the proper designation of parties in family court proceedings is as petitioner and respondent). Where a proceeding is commenced jointly, both parties may be designated as co-petitioners or as petitioner and co-petitioner. The rule permits the parties, once properly designated in the appropriate pleadings, to be designated by less formal terms that indicate their relationship. See Rule 302.02(a). Parentage proceedings may be brought by a parent as well as a governmental entity, thus the provision for plural petitioners in Rule 314(b); they are commonly brought against multiple respondents.
Rule 314 provides additional rules applicable to parentage proceedings. As to a wide array of procedural matters not addressed in this rule, other rules govern their use. Rule 301.01; see, e.g., Minn. R. Civ. P. 56 (summary judgment); Minn. R. Civ. P. 55 (default).