MINNESOTA COURT RULES

GENERAL RULES OF PRACTICE

Rule 360.Intervention

Rule 360.01County Agency

Subdivision 1.Intervention as a Matter of Right.

To the extent allowed by law, the county agency may, as a matter of right, intervene as a party in any matter conducted in the expedited process. Intervention is accomplished by serving upon all parties a notice of intervention by U.S. mail, or by electronic service under Rule 14 upon parties who have agreed to or are required to accept electronic service under Rule 14. The notice of intervention and affidavit of service shall be filed with the court. No affidavit of service is required for electronic service upon parties who have agreed to accept electronic service under Rule 14.

Subd. 2.Effective Date.

Intervention by the county agency is effective when the last person is served with the notice of intervention.

(Amended effective July 1, 2015.)

Rule 360.02Other Individuals

Subdivision 1.Permissive Intervention.

Any person may be permitted to intervene as a party at any point in the proceeding if the child support magistrate finds that the person's legal rights, duties, or privileges will be determined or affected by the case.

Subd. 2.Procedure.

A person seeking permissive intervention under subdivision 1 shall file with the court and serve upon all parties a motion to intervene. The motion shall state:

(a) how the person's legal rights, duties, or privileges will be determined or affected by the case;

(b) how the person will be directly affected by the outcome of the case;

(c) the purpose for which intervention is sought; and

(d) any statutory grounds authorizing the person to intervene.

Subd. 3.Objection to Permissive Intervention.

Any existing party may file with the court and serve upon all parties and the intervenor a written objection within 14 days of service of the motion to intervene.

Subd. 4.Effective Date; Hearing.

If a written objection is not timely served and filed and the requesting party meets the requirements of subdivisions 1 and 2, the child support magistrate may grant the motion to intervene after considering the factors set forth in subdivision 2. If written objection is timely served and filed, the child support magistrate may hold a hearing on the matter or may decide the issue without a hearing. Intervention is effective as of the date granted.

(Amended effective January 1, 2020.)

Rule 360.03Effect of Intervention

The child support magistrate may conduct hearings, make findings, and issue orders at any time prior to intervention being accomplished or denied. Prior proceedings and decisions of the child support magistrate are not affected by intervention. Upon effective intervention the caption of the case shall be amended to include the name of the intervening party, which shall appear after the initial parties' names.