is amended to incorporate procedures to deal with service "by alternate means" as

General Rules of Practice for the District Courts

Rule: 302

Jurisdiction: MN

Bluebook Citation: Minn. Gen. R. Prac. 302

authorized by statute. Minnesota Statutes, section 518.11, expressly provides authority for service by various other means. The rule retains provision for service by publication as well, because publication is authorized for a summons and petition that may affect title to real property. See Minnesota Statutes 2004, section 518.11, paragraph (c). Advisory Committee Comment - 2007 Amendment Although Rule 302 is not amended, the amendment made to Rule 308.04 creates a procedure similar to that in Rule 302.01(b)(2). The Rule 302 procedure is available only in limited circumstances to allow for a completely streamlined procedure - use of a joint petition, agreement and judgment and decree of marriage dissolution without children. The Rule 308 procedure is a more limited streamlined procedure, although it is available in any case, but it does not obviate service of a petition (or use of a separate joint petition). That procedure simply allows the parties to combine the marital termination agreement and judgment and decree into a single document. The decision to use the procedure established in Rule 308.04 may be made at any time, while the procedure in Rule 302.01(b) is, by its nature, limited to a decision prior to commencement of the proceedings. Advisory Committee Comment - 2007 Amendment Rule 302(b) is amended to expand the availability of the streamlined procedure allowing a marriage dissolution to proceed by use of a single pleading that combines a joint petition, marital termination agreement, and judgment and decree. The prior rule allowed this procedure only in marriages with no children; the amendment allows its use in marriage dissolution proceedings with children where the parties have agreed on all issues. The combined form permits the parties to proceed more expeditiously and make it easier for the parties and the court to verify that the judgment and decree to be entered by the court conforms to the parties' agreement. The rule also deletes the reference to the former Rule 12 as part of a transition to maintain practice forms related to practice under the rules by court administration and available on the courts' website [http://www.mncourts.gov] rather than as part of the rule. Advisory Committee Comment - 2012 Amendment Family court proceedings are generally governed by statute in Minnesota, and these rules implement the statutory procedures. Proceedings for dissolution, legal separation and annulment are governed in detail by Minnesota Statutes, chapter 518. See generally Minnesota Statutes, section 518.10 (requirements for petition); section 518.11 (service by publication and precluding substitute service or service by mail under Minn. R. Civ. P. 4.05); section 518.12 (requiring respondent's answer to be served within 30 days). Service "by alternate means" is authorized by statute. See Minnesota Statutes, section 518.11 (authorizing service by various other means). The rule retains provision for service by publication because publication is authorized for a summons and petition that may affect title to real property. See Minnesota Statutes, section 518.11, paragraph (c) (2010). A joint proceeding is commenced on the date when both parties have signed the petition, and no summons is required. Minnesota Statutes, sections 518.09 and 518.11. Rule 308.04 creates a procedure similar to that in Rule 302.01(c)(2) and (3). The Rule 302 procedure is available only in limited circumstances to allow for a completely streamlined procedure - use of a joint petition, agreement and judgment and decree of marriage dissolution without children or with children where the parties have agreed on all issues. The Rule 308 procedure is a more limited streamlined procedure, although it is available in any case, but it does not obviate service of a petition (or use Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 187 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES of a separate joint petition). That procedure simply allows the parties to combine the marital termination agreement and judgment and decree into a single document. The decision to use the procedure established in Rule 308.04 may be made at any time, while the procedure in Rule 302.01(c) is, by its nature, limited to a decision prior to commencement of the proceedings. Custody proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act are governed by Minnesota Statutes, chapter 518D. Interstate service and notice must be accomplished at least 20 days prior to any hearing in Minnesota. Service within the state is governed by Minn. R. Civ. P. 4. Domestic abuse order for protection proceedings are governed by Minnesota Statutes, chapter 518B. Notice and the timing of personal service on the respondent varies according to the circumstances detailed in the statute. Support proceedings under the revised Uniform Interstate Family Support Act are governed by Minnesota Statutes, chapter 518C. The time for answer is governed by the law of the responding jurisdiction. Statutes authorize commencement of certain Family Court Actions other than by summons and petition. Commencement of contempt proceedings under Minnesota Statutes, section 588.04, is addressed in Rule 309 of these rules. Court decisions set forth in Rodewald v. Taylor, 797 N.W.2d 729 (Minn. Ct. App. 2011), also permit commencement by motion following the signing of a Recognition of Parentage under Minnesota Statutes, section 257.75. Actions to establish parentage are governed by Minnesota Statutes, chapter 257. Rule 314 of these rules addresses specific procedures applicable in these actions. A child support proceeding that is not a IV-D case as defined in Rule 352.01(g) must be commenced in district court and is subject to Rules 301 through 314. Actions for reimbursement for public assistance are governed by Minnesota Statutes, section 256.87, and are governed by the expedited process rules, Rules 351, et seq. The Petitioner must notify the public agency responsible for support enforcement of all proceedings if either party is receiving or has applied for public assistance. Minnesota Statutes, section 518A.44. A party appearing pro se is required to perform the acts required by rule or statute in the same manner as an attorney representing a party. An attorney dealing with a party appearing pro se shall proceed in the same manner, including service of process, as in dealing with an attorney. Advisory Committee Comment - 2019 Amendment Rule 302.01(a) is amended to reflect the amendment of Rule 4.05 of the Rules of Civil Procedure, effective July 1, 2018, to create a new means of obtaining waiver of service under the rule. A new subsection (5) is added to reflect that an action can be commenced by joint petition as provided in Rule 302.01(c).

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