Minn. Gen. R. Prac. 370.04

As amended through October 28, 2024

Rule 370.04 - Filing Requirements

Subdivision 1. Initiating Party. No later than 14 days before any scheduled hearing or after the last party was served, the initiating party shall file the following with the court:

(a) the original summons;

(b) the original complaint;

(c) the original motion;

(d) the original supporting affidavit, if served;

(e) the request for hearing form, if returned to the initiating party; and

(f) proof of service upon each party pursuant to Rule 355.04.

Subd. 2. Responding Party. If a noninitiating party responds with a written answer pursuant to Rule 370.05, the following shall be filed with the court no later than 7 days before any scheduled hearing or, if no hearing is scheduled, within 14 days after the last party was served:

(a) the original written answer;

(b) a financial affidavit pursuant to Minn. Stat. § 518A.28(2006); and

(c) proof of service upon each party pursuant to Rule 355.04.

Subd. 3. Electronic Filing. Where authorized or required by Rule 14 of these rules, documents may, and where required shall, be filed by electronic means by following the procedures of Rule 14.

Subd. 4. Treatment of Confidential Information. To retain privacy, restricted identifiers as defined in Rule 11 (such as Social Security numbers, employer identification numbers, financial account numbers) must be removed from any documents provided under this rule and may only be submitted on a separate Confidential Information Form as required in Rule 11. In addition, non-public documents including, without limitation, financial source documents as defined in Rule 11 (such as tax returns, wage stubs, credit card statements) must be submitted under a cover sheet entitled "Cover Sheet for Non-Public Documents" as required in Rule 11.

Minn. Gen. R. Prac. 370.04

Amended effected 7/1/2015; amended effective 5/23/2016; amended effective 1/1/2020; amended effective 11/22/2023; amended effective 3/1/2024.

Advisory Committee Comment-2023 Amendments

Rule 370.04, subd. 1, is modified in 2023 to require a motion to commence a support proceeding and to require earlier filing of the required documents to allow court staff adequate time to open a case in MNCIS and schedule the hearing. The filing requirement changes from 7 days to 14 days in advance of the hearing.

Advisory Committee Comment-2024

Amendments Rule 370.04, subd. 4, is amended to recognize that in 2021 the filer's duty to designate non-public documents at the time of filing under Rule 11 was expanded beyond just financial source documents to include all non-public documents. Use of a new Cover Sheet for Non-Public Documents also replaced the Confidential Financial Source Documents cover sheet.