Minn. Gen. R. Prac. 364.10

As amended through October 28, 2024

Rule 364.10 - Evidence

Subdivision 1. Type of Evidence Admissible. The child support magistrate may admit any evidence that possesses probative value, including hearsay, if it is the type of evidence on which reasonable, prudent persons are accustomed to rely in the conduct of their serious affairs. The child support magistrate shall give effect to the rules of privilege recognized by law.

Subd. 2. Evidence Part of Record.

In rendering a decision, a child support magistrate may consider:

(a) All pleadings and supporting documentation previously served upon the parties and filed with the court, unless objected to;

(b) Evidence that is offered and received during the hearing;

(c) Evidence that is timely submitted following the hearing with the permission of the child support magistrate ; and

(d) Testimony, affidavits, exhibits, financial information , and anything additional that is related to the issue of support or is important to the issue before the child support magistrate.

Evidence that is unrelated to the issue of support, is unimportant to the issue before the child support magistrate, or that repeats evidence that has already been provided shall not be allowed.

Subd. 3. Documents. Ordinarily, copies or excerpts of documents instead of originals may be received or incorporated by reference. The child support magistrate may require the original or the complete document if the copy is not legible, there is a genuine question of accuracy or authenticity, or if it would be unfair to admit the copy instead of the original. Any financial documents prepared by the employee of the county agency are admissible without requiring foundation testimony or appearance of the employee of the county agency.

Subd. 4. Notice of Facts. The child support magistrate may take judicial notice of facts not subject to reasonable dispute, but shall do so on the record and with the opportunity for any party to contest the facts so noticed.

Minn. Gen. R. Prac. 364.10

Amended effective 11/22/2023.

Advisory Committee Comment-2023 Amendments

Rule 364.10 is modified in 2023 to clarify the types of evidence that may be considered by the magistrate.