MINNESOTA COURT RULES

GENERAL RULES OF PRACTICE

Rule 359.Telephone and Interactive Video

Rule 359.01Telephone and Interactive Video Permitted

A child support magistrate may on the magistrate's own initiative conduct a hearing by telephone or, where available, interactive video. Any party may make a written or oral request to the court administrator or the court administrator's designee to appear at a scheduled hearing by telephone or, where available, interactive video. In the event the request is for interactive video, the request shall be made at least 7 days before the date of the scheduled hearing. A child support magistrate may deny any request to appear at a hearing by telephone or interactive video.

(Amended effective January 1, 2020.)

Advisory Committee Comment

The Advisory Committee encourages the use of telephone and, where available, interactive video, to conduct proceedings in the expedited process.

Rule 359.02Procedure

The court administrator or court administrator's designee shall arrange remote participation in a hearing by telephone or other remote video means, as approved by the child support magistrate. When conducting a remote proceeding with a party or witness that resides out of state, the child support magistrate shall ensure that the requirements of Minnesota Statutes, section 518C.316, are met. Court Administration shall make adequate provision for a record of any remote proceeding. No recording may be made of any remote proceeding except the recording made as the official court record.

(Amended effective November 22, 2023.)

Advisory Committee Comment - 2023 Amendments

Rule 359.02 is modified in 2023 to recognize broader use of remote hearing technology and that court staff make arrangements for recording such proceedings.

Rule 359.03In-Court Appearance Not Precluded

Rule 359.01 does not preclude any party or the county attorney from being present in person before the child support magistrate at any motion or hearing.