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Rule 361.04 – Discovery Remedies

May 13, 2021 | Family Law, Minnesota

Subdivision 1. Motions to Compel. If a party fails to comply with an approved request for discovery or a request for documents under Rule 361.02, the party requesting the discovery may serve and file a motion for an order compelling an answer or compliance with the discovery request. The motion shall notify the other parties of the opportunity to respond within 7 days. The motion shall be decided without a hearing unless the child support magistrate determines that a hearing is necessary.

Subd. 2. Options Available to the Child Support Magistrate. When deciding a discovery related motion or issue, or in the event a party fails to provide documents requested under Rule 361.02, the child support magistrate may:

(a) order the parties to exchange specified documents or information;
(b) deny the discovery request;
(c) affirm, modify, or quash the subpoena;
(d) issue a protective order;
(e) set or continue the hearing;
(f) conduct a hearing and keep the record open to allow for further exchange of information or response to the information provided at the hearing; or
(g) order other discovery allowable under the Minnesota Rules of Civil Procedure, if appropriate.

Subd. 3. Failure to Comply with Discovery. If a party fails to comply with an order issued pursuant to Rule 361.03, subd. 2, or Rule 361.04, the child support magistrate may:

(a) find that the subject matter of the order for discovery or any other relevant facts shall be taken as established for the purposes of the case in accordance with the claim of the party requesting the order;
(b) prohibit the non-compliant party from supporting or opposing designated claims or defenses, or prohibiting that party from introducing designated matters in evidence; or
(c) issue any other order that is appropriate in the interests of justice, including attorney fees or other sanctions.

Minn. Gen. R. Prac. 361.04

Amended effective November 1, 2003; amended effective January 1, 2020.