Except in cases in which the parties reside in the same residence and there is a possibility of abuse, a party who obtains a date and time for hearing a motion shall promptly give written notice of the hearing date and time, name of the judicial officer, if known, and the primary issue(s) to be addressed at the hearing to all parties in the action. If the parties reside in the same residence and there is a possibility of abuse, notice shall be given in accordance with the Minnesota Rules of Civil Procedure.
All motions shall be accompanied by either an order to show cause in accordance with Minn. Gen. R. Prac. 303.05 or by a notice of motion which shall state, with particularity, the date, time, and place of the hearing and the name of the judicial officer if known, as assigned by the local assignment clerk.
All motions and orders to show cause shall contain the following statement:
The Rules establish deadlines for responding to motions. All responsive pleadings shall be served and filed with the court administrator no later than five days prior to the scheduled hearing. The court may, in its discretion, disregard any responsive pleadings served or filed with the court administrator less than five days prior to such hearing in ruling on the motion or matter in question.
(Amended effective May 1, 2012; amended effective July 1, 2015.)
Motions shall set out with particularity the relief requested in individually numbered paragraphs. All motions must be supported by affidavits that contain facts relevant to the issues before the court.
When temporary financial relief such as child support, maintenance, payment of debt and attorney's fees is requested, the Parenting/Financial Disclosure Statement form developed by the state court administrator shall be served and filed by the moving and responding parties, along with their motions and affidavits. Sanctions for failure to comply include, but are not limited to, the striking of pleadings or hearing.
(Amended effective January 1, 2008; amended effective May 1, 2012; amended effective July 1, 2015.)
(1) Moving Party, Supporting Documents, Time Limits. No motion shall be heard unless the moving party pays any required motion filing fee, properly serves a copy of the following documents on all parties and files them with the court administrator at least 14 days prior to the hearing:
(ii) Relevant affidavits and exhibits; and
(iii) Any memorandum of law the party intends to submit.
(2) Motion Raising New Issues. A responding party raising new issues other than those raised in the initial motion shall pay any required motion filing fee, properly serve a copy of the following documents on all parties and file them with the court administrator at least 10 days prior to the hearing:
(ii) Relevant affidavits and exhibits; and
(iii) Any memorandum of law the party intends to submit.
(3) Responding Party, Supporting Documents, Time Limits. The party responding to issues raised in the initial motion, or the party responding to a motion that raises new issues, shall pay any required motion filing fee, properly serve a copy of the following documents on all parties, and file them with the court administrator at least 5 days prior to the hearing, inclusive of Saturdays, Sundays, and holidays:
(i) Any memorandum of law the party intends to submit; and
(ii) Relevant affidavits and exhibits.
(4) Computation of Time for Service. Whenever this rule requires documents to be served and filed with the court administrator within a prescribed period of time before a specific event, service and filing must be accomplished as required by Minn. R. Civ. P. 5 and 6.
(5) Post-Trial Motions. The timing provisions of Section 303.03(a) do not apply to post-trial motions.
In the event a moving party fails to timely serve and file documents required in this rule, the hearing may be canceled by the court. If responsive documents are not properly served and filed, the court may deem the initial motion unopposed and may issue an order without hearing. The court, in its discretion, may refuse to permit oral argument by the party not filing the required documents, may consider the matter unopposed, may allow reasonable attorney's fees, or may take other appropriate action.
Except in parentage cases when there has been no court determination of the existence of the parent and child relationship, and except in situations where a court has ordered that no contact occur between the parties, the moving party shall, within 7 days of filing a motion, initiate a settlement conference either in person, or by telephone, or in writing in an attempt to resolve the issues raised. Unless ADR is not required under Rule 310, this conference shall include consideration of an appropriate ADR process under Rule 114. The moving party shall certify to the court compliance with this rule or any reasons for not complying. The moving party shall file a Certificate of Settlement Efforts in the form developed by the state court administrator not later than 24 hours before the hearing. Unless excused by the Court for good cause, no motion shall be heard unless the parties have complied with this rule. Whenever any pending motion is settled, the moving party shall promptly advise the court.
(1) General Rule. Motions shall be submitted on affidavits, exhibits, documents subpoenaed to the hearing, memoranda, and arguments of counsel except for contempt proceedings or as otherwise provided for in these rules.
(2) Request for Leave for Oral Testimony. Requests for the taking of oral testimony must be made by motion served and filed not later than the filing of that party's initial motion documents. The motion shall include names of witnesses, nature and length of testimony, including cross-examination, and types of exhibits, if any.
(3) Request for Hearing Longer Than One-Half Hour. Requests for hearing time in excess of one-half hour must be submitted by separate written motion specifically setting forth the necessity and reason that evidence cannot be submitted by affidavit.
(4) Conversion to Prehearing Conference. If the matter cannot be heard adequately in the scheduled time, the hearing shall be used as a prehearing conference.
(5) Court Discretion to Solicit Oral Testimony. If the request required by clause (2) of this rule has not been made, the court shall not take oral testimony at the scheduled hearing unless the court in its discretion solicits additional evidence from the parties by oral testimony.
(6) Order. In the event the court permits oral testimony, it may issue an order limiting the number of witnesses each party may call, the scope of their testimony, and the total time for each party to present evidence. Each party shall be afforded an opportunity to suggest appropriate limits.
(7) Interviews of Minor Children. Any motion relating to custody or visitation shall additionally state whether either party desires the court to interview minor children. No child under the age of fourteen years will be allowed to testify without prior written notice to the other party and court approval.
(Amended effective January 1, 1994; amended effective July 1, 1997; amended effective January 1, 2004; amended effective May 1, 2012; amended effective July 1, 2015.)
The court may grant emergency relief if the requirements in this Rule 303.04 are met. If emergency relief is sought ex parte, the party seeking the relief must demonstrate compliance with Rule 3 of these rules.
An order to show cause shall not be used except in those cases where permitted pursuant to Minn. Gen. R. Prac. 303.05.
The party seeking emergency relief must state with specificity in a motion and affidavit:
(i) Why emergency relief is required;
(ii) The relief requested;
(iii) Disclosure of any other attempts to obtain the same or similar relief and the result;
(iv) If there was a prior attempt to obtain emergency relief, the name of the judicial officer to whom the request was made;
(v) if a prior request was denied for the same or similar relief, explain what new facts are presented to support the current motion.
The party seeking emergency relief must present a proposed order for the court's consideration.
The party seeking emergency relief must serve the motion and affidavit, including notice of the time when and the place where the motion will be heard, on the other party or counsel, unless:
(i) the party seeking emergency relief provides a written statement that the party has made a good faith effort to contact the other party or counsel and has been unsuccessful; or
(ii) the supporting documents show good cause why notice to the other party should not be required and the court waives the notice requirement.
An order granting emergency relief without notice shall include a return hearing date before the judicial officer hearing the matter. If the relief obtained affects custody or parenting time, the court shall set the matter for hearing within 14 days of the date the emergency relief is granted.
(Amended effective May 1, 2012.)
Orders to show cause shall be obtained in the same manner specified for ex parte relief in Rule 3 of these rules. Such orders may require production of limited financial information. An order to show cause shall be issued only where the motion seeks a finding of contempt under Rule 309 or the supporting affidavit makes an affirmative showing of:
(a) a need to require the party to appear in person at the hearing, or
(b) a need for interim support is warranted, or
(c) the production of limited financial information is deemed necessary by the court, or
(d) a need for the issuance of an order to show cause, subject to the discretion of the judge.
All orders to show cause must be appropriately signed out for service. A conformed file copy of such order shall be retained by the court administrator in the file.