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HF 3308

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/29/2016 12:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to civil law; requiring the court to provide information on alternative
dispute resolution to parties in family law cases; amending Minnesota Statutes
2014, section 518.168.


Section 1.

Minnesota Statutes 2014, section 518.168, is amended to read:

518.168 HEARINGS.

(a) Custody proceedings shall receive priority in being set for hearing.

(b) The court may tax as costs the payment of necessary travel and other expenses
incurred by a person whose presence at the hearing the court deems necessary to determine
the best interests of the child.

(c) The court without a jury shall determine questions of law and fact. If it finds that
a public hearing may be detrimental to the child's best interests, the court may exclude
the public from a custody hearing, but may admit any person who has a direct interest in
the particular case.

(d) If the court finds it necessary for the protection of the child's welfare that the
record of an interview, report, investigation, or testimony in a custody proceeding be kept
secret, the court may make an appropriate order sealing the record.

new text begin (e) At the first hearing or an initial appearance before the court under this chapter,
the court shall provide an information sheet to the parties explaining that:
new text end

new text begin (1) in cases where alternative dispute resolution is required under rule 310.01 of
the Rules of General Practice, the parties have the choice of alternative dispute resolution
methods including mediation, arbitration, and other processes to resolve the divorce or
custody matter;
new text end

new text begin (2) the parties may choose which method of alternative dispute resolution to use; and
new text end

new text begin (3) the court administrator can provide additional information about resources for
alternative dispute resolution.
new text end

new text begin The court shall obtain the signatures of the parties who are present, verifying that the
parties have received the information sheet on alternative dispute resolution in each case.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to cases
filed on or after that date.
new text end