Minn. Gen. R. Prac. 364.03

As amended through June 5, 2024
Rule 364.03 - Timing of Hearing

In the event the parties are unable to resolve the matter, a hearing shall be held no sooner than 21 days after service of the summons and complaint or notice of motion and motion, unless the time period is waived by the parties. Every effort shall be made to conduct the hearing no later than 60 days after service of the summons and complaint or notice of motion and motion on the last person served or, in an establishment of parentage case, no later than 60 days after receipt of the genetic test results. Conducting a hearing later than 60 days after service or receipt of blood or genetic test results does not deprive the child support magistrate of jurisdiction.

Minn. Gen. R. Prac. 364.03

Amended effective 1/1/2020; amended effective 11/22/2023.

Advisory Committee Comment

Federal law requires 75% of cases commenced in the Expedited Process to be completed within 6 months from the date of service of process and 90% of the cases to be completed within 12 months from the date of service of process. 45 C.F.R. § 303.101 (2000). If the hearing is initially scheduled within 60 days under Rule 364.03 and is later continued to beyond 60 days, that fact must be reported to the chiefjudge of the judicial district.

Advisory Committee Comment-2023 Amendments

Rule 364.03 is modified in 2023 to remove notice to the chief judge, which has fallen out of practice and will minimize burdens on court staff.

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