Minn. Gen. R. Prac. 308.02
Where statutes require that certain subjects be addressed by notices attached to an order or decree, the notices shall not be included verbatim but shall be set forth in an attachment and incorporated by reference. The attachment may be physically attached (e.g.. by staple) if in paper form or. if in electronic form, it may be set forth in the same electronic document or in a separate electronic document that accompanies the order or decree when filed with or distributed by the court. Notwithstanding the absence of language referencing the attachments, they shall be deemed incorporated by reference.
Minn. Gen. R. Prac. 308.02
Advisory Committee Comment-2018 Amendments
The amendment to Rule 308.02 in 2018 establishes an electronic corollary to stapling an attachment to a signed order. When orders are signed without the attachments being included as a referenced attachment to an order or decree, the historical practice has been to simply staple the attachments to the orders when distributed by the court When the order or decree is in electronic form, physically adding die attachments to the same document after a judge electronically signs will render the signature subject to challenge as the document will indicate that it has been changed. The electronic corollary to stapling the order to the already signed order or decree is to set it forth in a separate electronic document and add it to the case record, and send a notice to the parties that explains this.
Family Court Rules Advisory Committee Commentary*
See Rule 10.01, Form 3, for the concept of the form of the attachment.
* Original Advisory Committee Comment-Not kept current.
Task Force Comment-1991 Adoption
This rule is derived from existing Rule 7.04 of the Rules of Family Court Procedure.