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Rule 353.01 – Types of Proceedings

May 13, 2021 | Family Law, Minnesota

Subdivision 1. Mandatory Proceedings. Proceedings to establish, modify, and enforce support shall be conducted in the expedited process if the case is a IV-D case, except as provided in subdivision 2 and Rule 353.02. Proceedings to enforce spousal maintenance, including spousal maintenance cost-of-living adjustment proceedings, shall, if combined with a support issue, be conducted in the expedited process if the case is a IV-D case, except as provided in subdivision 2 and Rule 353.02.

Subd. 2. Permissive Proceedings.

(a) County Option. At the option of each county, the following proceedings may be initiated in the expedited process if the case is a IV-D case, except to the extent prohibited by subdivision 3:

(1) parentage actions; and
(2) civil contempt matters.
(b) Parentage Actions. Any order issued pursuant to Rule 353.01, subd. 2(b) shall address the financial issues is appropriate, whether or not agreed upon by the parties.

(1) Complete Order. Notwithstanding subdivision 3, a child support magistrate has the authority to establish the parent-child relationship, legal and physical custody, parenting time, and the legal name of the child when:

(A) the parties agree or stipulate to all of these particular issues; or
(B) if the pleadings specifically address these particular issues and a party fails to serve a response or appear at the hearing.
(2) Partial Order.

(A) Minimum Requirements. If the parties at least agree to the parent-child relationship and temporary or permanent physical custody, the child support magistrate shall issue an order:

(1) establishing the parent-child relationship; and
(2) establishing temporary or permanent physical custody
(B) Further Agreed Upon Issues. The order the child support magistrate shall also establish parenting time and the legal name of the child if the parties so agree.

The order is final as the parent-child relationship. The order is also final as to any agreement concerning permanent legal or physical custody, parenting time, name of the child, and any financial issues decided by the child support magistrate. If there is no agreement concerning permanent legal and/or physical custody, parenting time, or the legal name of the child, those issues hall be referred to the district court. The issues referred to the district court are considered pending before the district court and are not final until the district court issues an order deciding those issues. The order of the child support magistrate referring the remaining issues to district court is not appealable pursuant to Rule 378. This rule shall not limit the right to appeal the district court’s order. When one or more issues are referred to district court, service of the summons and complaint in the expedited process is sufficient for the matter to proceed in district court.

(3) Order When Parent-Child Relationship Not Resolved. In an action to establish parentage, if the parties do not agree to the parent-child relationship and the temporary or permanent physical custody, the child support magistrate shall make findings and issue an order as follows:

(A) Blood or Genetic Testing Not Completed. When the issue of the parentchild relationship is not resolved and genetic testing has not been completed, the child support magistrate shall order genetic testing and shall continue the hearing in the expedited process to allow the tests to be completed and the results received.
(B) Blood or Genetic Testing Completed. When genetic testing has been completed, if the parties still disagree about the parent-child relationship, the child support magistrate shall refer the entire matter to the district court for further proceedings. The child support magistrate may set temporary support pursuant to Rule 371.11, subd. 2.
(c)Change of Venue. Upon motion by a party for a change of venue, a child support magistrate shall issue the following order:

(1) Upon consent of all parties, or the failure of any party to file a timely objection, a child support magistrate may issue an order changing venue. The court administrator shall forward the court file to the county that has been granted venue.
(2) If any party disputes a motion to change venue, the child support magistrate shall issue an order referring the matter to district court and the court administrator shall schedule the matter for hearing. The court administrator shall transmit notice of the date, time, and location of the hearing to all parties. Notice shall be sent in accordance with Rule 14 to all parties who have agreed to or are required to accept electronic service, and to all other parties in accordance with Rule 13 of these Rules and Rule 77.04 of the Rules of Civil Procedure.

Subd. 3. Prohibited Proceedings and Issues. The following proceedings and issues shall not be conducted or decided in the expedited process:

(a) non-IV-D cases;
(b) establishment, modification, or enforcement of custody or parenting time under Minn. Stat. ch. 518 (2000), unless authorized in subdivision 2;
(c) establishment or modification of spousal maintenance;
(d) issuance, modification, or enforcement of orders for protection under Minn. Stat. ch. 518B;
(e) division of marital property;
(f) determination of parentage, except as permitted by subdivision 2(b);
(g) evidentiary hearings to establish custody, parenting time, or the legal name of the child under Minn. Stat. ch. 257 (2000);
(h) evidentiary hearings in contempt matters;
(i) matters of criminal contempt;
(j) motions to change venue, except as permitted in subdivision 2;
(k) enforcement proceedings prohibited in Rule 373.01;
(l) matters of criminal non-support; and
(m) motions to vacate a recognition of paternity or paternity adjudication.
(n) the constitutionality of the statutes and rules.

Minn. Gen. R. Prac. 353.01

Amended effective July 1, 2015; amended effective July 1, 2019.

Advisory Committee Comment-2019 Amendment

Rule 353.01, subd. 2(c), is amended in 2019 to clarify that unopposed motions for change of venue do not need to be referred for hearing before a district court judge but may be granted by the child support magistrate.