Subdivision 1. Content of Notice. A notice of motion shall:
(a) state the name of the court; (b) state the names of the parties as set forth in the summons and complaint, or summons and petition, unless amended by order of the court; (c) state an address where the initiating party may be served;(d) state the purpose of the action; (e) for motions brought pursuant to Rule 372.01, subd. 2, state the date, time, and location of the hearing;(f) for motions brought pursuant to Rule 372.01, subd. 1, either state the date, time, and location of the hearing if one is scheduled or, if no hearing is scheduled, state that any party has a right to a hearing and attach a request for hearing form; (g) provide information about serving and filing a written response pursuant to Rule 372.04 and Rule 372.05; (h) state that all parties shall appear at the hearing if one is scheduled, and if any party fails to appear at the hearing, the child support magistrate shall proceed pursuant to Rule 365.01; (i) state that a party has a right to representation pursuant to Rule 357; (j) state that the case may be settled informally by contacting the initiating party and include the name, address, and telephone number of the person to contact to discuss settlement; and(k) be signed by the initiating party or that party's attorney. If there is reason to believe that domestic violence exists or if an order for protection has been issued, the party may provide an alternative address and telephone number. Pursuant to Minn. Stat. § 518.005, subd. 5, in all actions in which public assistance is assigned or the county agency is providing services to a party or parties to the action, information regarding the location of one party may not be released by the county agency to the other party if the county agency has knowledge that one party is currently subject to a protective order with respect to the other party or the joint child, and disclosure has not been authorized, or has reason to believe that the release of the information may result in physical or emotional harm to a party or joint child.
Subd. 2. Content of Motion. A motion shall:
(a) state the relief the initiating party wants the child support magistrate to order; (b) state the specific support that the initiating party wants the child support magistrate to order if the notice of motion does not contain a hearing date;(c) state the facts and grounds supporting the request for relief;(d) set forth the acknowledgement under Rule 379.04; and (e) be signed by the initiating party or that party's attorney. Subd. 3. Content of Supporting Affidavit. A supporting affidavit shall:
(a) state detailed facts supporting the request for relief; (b) for motions to modify support and motions to set support, provide all information required by Minn. Stat. § 518A.46, subd. 3(a) (2006), if known; and (c) be either: (1) signed and sworn to under oath; or (2) signed under penalty of perjury pursuant to Minn. Stat. § 358.116, provided that the signature is affixed immediately below a declaration using substantially the following language: "I declare under penalty of perjury that everything I have stated in this document is true and correct." In addition to the signature, the date of signing and the county and state where the document was signed shall be noted on the document. Subd. 4. Content of Request for Hearing Form. A request for hearing form shall contain the name and address of the initiating party, and a short and concise statement that a noninitiating party requests a hearing.
Minn. Gen. R. Prac. 372.02
Amended effected 7/1/2015; amended effective 11/22/2023.Advisory Committee Comment-2008 Amendment
Pursuant to Minn. Stat. § 518A.46, subd. 3(a) (2006), for all cases involving establishment or modification of support, the pleadings are to contain specific information. At times, it may be necessary to attach additional supporting documents. Each county should establish its own local policy regarding the attachment of supporting documents.
Advisory Committee Comment-2023 Amendments
Rule 372.02 is modified in 2023 to recognize the statutory limits on the public authority's disclosure of address information pursuant to Minn. Stat. §§ 518.005, subd. 5, and 257.70(b).
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