Minn. Gen. R. Prac. 312

As amended through February 1, 2024
Rule 312 - Review of Referee's Findings or Recommendations

Review of decisions of district court referees is controlled by applicable statutes and orders of the supreme court.

Minn. Gen. R. Prac. 312

Amended effective 5/1/2012.

Advisory Committee Comment-2012 Amendments

Rule 312 is amended to replace the former rule, which established now-obsolete procedures for review of the findings or recommendations of a district court referee in family law matters. Family court referees are now used in limited circumstances in two districts, and the processes followed are established by statute and supreme court orders. Under Minn. Stat. § 484.65, subd. 9, recommended orders and findings of Fourth Judicial District referees are subject to confirmation by a district court judge, and once confirmed by the district court judge the orders and findings may be appealed directly to the court of appeals. Essentially the same is true in the Second Judicial District under a series of orders establishing a pilot project that is still operating. The history of the pilot project is set forth by the Minnesota Court of Appeals in its Special Term Opinion in Culver v. Culver, 771 N.W.2d 547 (Minn. Ct. App. 2009):

The pilot project came into existence in the Second Judicial District in 1996. See 1996 Minn. Laws ch. 365, § 2 (allowing Second Judicial District to implement pilot project assigning related family matters to single judge or referee); In re Second Judicial Dist. Combined Family, Civil Harassment, Juvenile Probate Jurisdiction Pilot Project, No. CX-89-1863 (Minn. Apr. 10, 1996) (suspending, in light of pilot project, Minn. R. Gen. Prac. 312.01, which recites procedure for district-court review upon filing of petition for review). The suspension is still in effect. See 1998 Minn. Laws ch. 367, art. 11, § 26 (extending pilot-project legislation); 2000 Minn. Law ch. 452, § 1 (same); 2002 Minn. Law ch. 242 (same); In re Second Judicial Dist. Combined Family, Civil Harassment, Juvenile Probate Jurisdiction Pilot Project, No. CX-89-1863 (Minn. June 17, 1998) (extending suspension); (Minn. May 23, 2000) (same); (Minn. June 3, 2002) (extending suspension until further order of supreme court).

Id., n.1.

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