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Rule 377.04 – Response to Motion

May 13, 2021 | Family Law, Minnesota

Subdivision.1. Timing of Response to Motion. A party may respond to a motion to correct clerical mistakes or a motion for review. Any response shall state why the relief requested in the motion should or should not be granted. If a responding party wishes to raise other issues, the responding party must set forth those issues as a counter motion in the response. To respond to a motion to correct clerical mistakes the party shall perform items (a) through (e) within 14 days after the party was served with the motion. To respond to a motion for review or a combined motion the party shall perform (a) through (f) within 28 days after the party was served with the notice under Rule 365.04. To respond to a counter motion, the party shall perform items (a) through (f) within 40 days after the party was served with the notice under Rule 365.04.

(a) Complete the response to motion to correct clerical mistakes form, response to motion for review form, or response to combined motion form.
(b) Serve the completed response to motion for clerical mistakes form, response to motion for review form, or response to combined motion form upon all other parties and the county agency. Service may be made by personal service or by United States mail pursuant to Rule 355.02.
(c) File the original response to motion with the court. If the filing is accomplished by mail, the response to 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 response to motion is filed.
(e) Order a transcript of the hearing under Rule 366, if the party desires to submit a transcript.
(f) For a responsive 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 responsive documents if the appropriate fee does not accompany the documents at the time of filing.

Subd. 2. Content of Response to Motion

(a) Content of Response to Motion to Correct Clerical Mistakes. A response to a motion to correct clerical mistakes shall:

(1) identify by page and paragraph the clerical mistake(s) alleged by the moving party and state whether responding party agrees or opposes the corrections;
(2) include an acknowledgement as required pursuant to Rule 379.04; and
(3) be signed by the responding party or that party’s attorney.
(b) Content of Response to Motion for Review, Combined Motion, or Counter Motion. A response to a motion for review, combined motion, or counter motion shall:

(1) state why the relief requested should or should not be granted;
(2) if new issues are raised, state the specific change(s) requested;
(3) if new issues are raised, specify the evidence or law that supports the requested change(s);
(4) state whether the party is requesting that the review be by the child support magistrate who issued the order being reviewed or by a district court judge;
(5) state whether the party is requesting an order authorizing the party to submit new evidence;
(6) state whether the party requests an order granting a new hearing;
(7) include an acknowledgement as required pursuant to Rule 379.04; and
(8) be signed by the responding party or that party’s attorney.

Minn. Gen. R. Prac. 377.04

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