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Rule 377.02 – Timing of Motion

May 13, 2021 | Family Law, Minnesota

To bring a motion to correct clerical mistakes, the aggrieved party shall perform items (a) through (e) as soon as practicable after discovery of the error. To bring a motion for review or a combined motion, the aggrieved party shall perform items (a) through (f) within 21 days of the date the court administrator served that party with the notice form as required by Rule 365.04.

(a) Complete the motion to correct clerical mistakes form, motion for review form, or combined motion form.
(b) Serve the completed motion for clerical mistakes form, motion for review form, or combined motion form upon all other parties and the county agency. Service may be made by personal service or by U.S. mail pursuant to Rule 355.02. If the moving party has agreed to or is required to accept electronic service under Rule 14, service must be made by electronic means upon any other parties that have agreed to or are required to accept electronic service under Rule 14.
(c) File the original motion with the court. If the filing is accomplished by mail, the motion shall be postmarked on or before the due date set forth in the notice of filing.
(d) File the affidavit of service with the court. The affidavit of service shall be filed at the time the original motion is filed.
(e) Order a transcript of the hearing under Rule 366, if the party desires to submit a transcript.
(f) For a motion for review or combined motion, pay to the court administrator the filing fee required by Rule 356.01, if the party has not already done so. The court administrator may reject the motion documents if the appropriate fee does not accompany the documents at the time of filing

Minn. Gen. R. Prac. 377.02

Amended effective July 1, 2015; amended effective January 1, 2020.