Minn. Gen. R. Prac. 357.03
Unless a party voluntarily waives the right to counsel, the child support magistrate shall appoint an attorney at public expense for a party who requests an attorney and who cannot afford to retain an attorney when the case involves:
Pursuant to Minn. Stat. § 257.69, subd. 1, a court-appointed attorney shall represent a party only with respect to issues necessary for the initial establishment of parentage.
Minn. Gen. R. Prac. 357.03
Advisory Committee Comment-2019 Amendment
Rule 357.03 is amended to reflect the 2012 amendment of Minn. Stat. § 257.69, to limit appointments cf counsel to the initial establishment of parentage. Custody, parenting time, and name of child, to the extent agreed upon or defaulted, can be included in the initial establishment of parentage. Otherwise, under Rule 353.01, subd. 3(g), evidentiary hearings to establish custody, parenting time, or name of the child under Mnn. Stat. chapter 257 must be held outside the expedited process.
Advisory Committee Comment
Parentage. The Minnesota Parentage Act, codified as Minn. Stat. §§ 257.51 - . 74 (2000), provides that "the court shall appoint counsel for a party who is unable to pay timely for counsel in proceedings under sections 257.51 to 257.74." Minn. Stat. § 257.69, subd. 1 (2000). A party has a right to appointed counsel for all matters brought under the Parentage Act. SeeM.T.L. v. Dempsey, 504N.W.2d529, 531 (Minn. App. 1993).
Contempt. In Cox v. Slama, 355 N.W.2d 401, 403 (Minn. 1984), the court established the right to counsel for persons facing civil contempt for failure to pay child support when incarceration is a real possibility.
Advisory Committee Comment-2023 Amendments
Rule 357.03 is modified in 2023 to narrow the statutory reference to subdivision 1 as other parts of the statute address different issues.