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Rule 370.02 – Content of Summons, Complaint, Supporting Affidavit, and Request for Hearing Form

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 support;
(e) either set a hearing date or attach a request for hearing form;
(f) provide information about serving and filing a written response pursuant to Rule 370.04 and Rule 370.05;
(g) state that all parties shall appear at the hearing if one is scheduled, and state that if any party fails to appear at the hearing the child support magistrate shall proceed pursuant to Rule 365.01;
(h) state that the child support magistrate may sign a default order pursuant to Rule 363.03;
(i) state that a party has the right to representation pursuant to Rule 357;
(j) 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
(k) 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, the party may provide an alternative address and telephone number. Pursuant to Minn. Stat. § 518.005, subd. 5 (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 is required when the summons does not contain a hearing date. The supporting affidavit shall:

(a) state detailed facts supporting the request for relief;
(b) provide all information required by Minn. Stat. § 518.46, subd. 2(c) (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.

Subd. 4. Content of Request for Hearing Form. A request for hearing form shall contain the name and address of the initiating party and a short, concise statement that a noninitiating party requests a hearing.

Minn. Gen. R. Prac. 370.02

Amended effective July 1, 2015.

Advisory Committee Comment-2008 Amendment

Rule 370.02, subd. 3, is amended to update the statutory reference to reflect the recodification, effective on January 1, 2007, of portions of the relevant statutes that became part of Minn. Stat. ch. 518A. Pursuant to Minn. Stat. § 518.46, subd. 2(c), 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.

Subd. 4. Content of Request for Hearing Form. A request for hearing form shall contain the name and address of the initiating party and a short, concise statement that a noninitiating party requests a hearing.

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