Statutes, codes, and regulations
Minnesota Court Rules
Minnesota General Rules of PracticeTitle IV - Rules of Family Court ProcedurePart B - Expedited Child Support ProcessGeneral Rules
Rule 363 - Default
Rule 363.04 - Order Not Accepted

Minn. Gen. R. Prac. 363.04

Download
PDF
As amended through October 28, 2024
Rule 363.04 - Order Not Accepted

The child support magistrate may reject an order filed pursuant to Rule 363.02 if the child support magistrate finds the order contrary to law, or unreasonable and unfair. If the child support magistrate rejects the order, the child support magistrate shall prepare a notice of deficiency, stating the reason(s) why the order cannot be signed. The notice of deficiency shall inform the initiating party of the following options:

(a) to file and serve any missing documents;
(b) to file a revised order;
(c) to file a revised order and attach any missing or additional documents;
(d) to appear at a hearing, notice of which shall be issued by the court administrator to all parties;
(e) to appear at any previously scheduled hearing; or
(f) to withdraw the matter without prejudice.

The court administrator shall transmit the notice of deficiency to the initiating party. The initiating party shall either correct the deficiency or set the case on for a hearing and serve notice of the date, time, and location of the hearing upon all parties pursuant to Rule 364. If the initiating party submits a revised order that raises new issues beyond the scope of the complaint or motion, amended pleadings shall be served on all parties and filed within 14 days from the date the notice of deficiency was transmitted. If the noninitiating party chooses to respond to the amended pleadings, the response must be served and filed within 14 days from service of the amended pleadings. If the initiating party fails to schedule a hearing or comply with the notice of deficiency within 30 days of the date the notice was transmitted, the child support magistrate shall dismiss the matter without prejudice.

Minn. Gen. R. Prac. 363.04

Amended effective 7/1/2015; amended effective 1/1/2020.

Advisory Committee Comment-2008 Amendment

Rule 363.04 is amended to create specific time limits for setting a case on for hearing following receipt of a notice of deficiency in an order proposed by an initiating agency or to serve amended pleadings. The amendment also establishes a specific time limit for responding to an amended pleading that may be served.

.