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Rule 371.02 – Content of Summons, Complaint, and Supporting Affidavit

May 13, 2021 | Family Law, Minnesota

Subdivision 1. Content of Summons. A summons shall:

(a) state the name of the court;
(b) state the names of the parties;
(c) state an address where the initiating party may be served;
(d) state that the purpose of the action is to establish parentage;
(e) state the date, time, and location of the hearing;
(f) provide information about serving and filing a written response pursuant to Rule 371.04 and Rule 371.05;
(g) state that all parties shall appear at the hearing, and if any party fails to appear at the hearing the child support magistrate shall proceed pursuant to Rule 365.01;
(h) state that a party has the right to representation pursuant to Rule 357;
(i) state that the case may be settled informally by contacting the initiating party and include the name, address, and telephone number of the person to contact to discuss settlement; and
(j) be signed by the initiating party or that party’s attorney.

If there is reason to believe that domestic violence exists or if an order for protection has been issued, a party may provide an alternative address and telephone number. Pursuant to Minn. Stat. § 257.70(b) (2000), in all actions in which public assistance is assigned or the county agency is providing services to a party or parties to the action, information regarding the location of one party may not be released by the county agency to any other party if the county agency has knowledge that a protective order with respect to the other party has been entered or has reason to believe that the release of the information may result in physical or emotional harm to the other party.

Subd. 2. Content of Complaint. A complaint shall:

(a) state the relief the initiating party wants the child support magistrate to order;
(b) state the facts and grounds supporting the request for relief;
(c) set forth the acknowledgement required under Rule 379.04; and
(d) be signed by the initiating party or that party’s attorney.

Subd. 3. Content of Supporting Affidavit. A supporting affidavit shall:

(a) state detailed facts supporting the request for relief, including the facts establishing parentage;
(b) provide all information required by Minn. Stat. § 518A.46, subd. 3(a) (2006), if known; and
(c) be either:

(1) signed and sworn to under oath; or
(2) signed under penalty of perjury pursuant to Minn. Stat. § 358.116, provided that the signature is affixed immediately below a declaration using substantially the following language: “I declare under penalty of perjury that everything I have stated in this document is true and correct.” In addition to the signature, the date of signing and the county and state where the document was signed shall be noted on the document.

Minn. Gen. R. Prac. 371.02

Amended effected July 1, 2015.

Advisory Committee Comment-2008 Amendment

Pursuant to Minn. Stat. § 518A.46, subd. 3(a) (2006), for all cases involving establishment or modification of support, the pleadings are to contain specific information. At times, it may be necessary to attach additional supporting documents. Each county should establish its own local policy regarding the attachment of supporting documents.

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