Ex Parte and Emergency Relief

(a) Governing Rules. 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. (b) Order to Show Cause. An order to show cause shall not be used except in those cases where permitted pursuant to Minn. Gen. R. Prac. 303.05. (c) Requirement of Motion; Form. 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. (d) Proposed Order. The party seeking emergency relief must present a proposed order for the court's consideration. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 195 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES (e) Notice. 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. (f) Hearing. 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.) Family Court Rules Advisory Committee Commentary * Minn. R. Civ. P. 65.01 states the notice requirements for ex parte relief. Minnesota Statutes, section 518.131, controls ex parte temporary restraining orders. *Original Advisory Committee Comment-Not kept current. Task Force Comment - 1991 Adoption Subdivisions (a), (b) and (c) of this rule are derived from existing Rule 2.05 of the Rules of Family Court Procedure. Subdivision (d) of this rule is derived from Second District Local Rule 2.051. Parties should be aware that Minn. Gen. R. Prac. 3 applies to all ex parte orders, including those relating to family court proceedings. Minn. R. Civ. P. 65.01 also applies in family court temporary restraining order practice. Advisory Committee Comment - 2012 Amendment