Notices; Service

General Rules of Practice for the District Courts

Rule: 308.01

Jurisdiction: MN

Bluebook Citation: Minn. Gen. R. Prac. 308.01

(a) Awards of Child Support and/or Maintenance. All orders, judgments, and decrees that include awards of child support or maintenance, unless otherwise directed by the court, shall include the provisions set forth in Minnesota Statutes, section 518.68 (Appendix A). Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 205 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES (b) Public Assistance. When a party is receiving or has applied for public assistance, the party obtaining the judgment and decree shall serve a copy on the agency responsible for child support enforcement, and the decree shall direct that all payments of child support and spousal maintenance shall be made to the Minnesota Child Support Central Payment Center for as long as the custodial parent is receiving assistance. (c) Child Support Enforcement. When a private party has applied for or is using the services of the local child support enforcement agency, a copy of the decree shall be served by mail or other authorized means by the party submitting the decree for execution upon the county agency involved. The party may serve the copy of the decree by electronic means if the county agency has agreed to accept service by electronic means. (d) Supervised Parenting Time or Visitation. A copy of any judgment and decree or other order directing ongoing supervision of parenting time or visitation shall be provided to the appropriate agency by the party obtaining the decree or other order. (Amended effective May 1, 2012; amended effective July 1, 2015.) Family Court Rules Advisory Committee Commentary* Minnesota Statutes, section 518.551, requires that maintenance or support must be ordered payable to the public agency so long as the obligee is receiving public assistance. Agencies responsible for enforcement of child support in private cases also require a copy of the judgment and decree. *Original Advisory Committee Comment-Not kept current. Task Force Comment - 1991 Adoption Subdivision (a) of this rule is derived from existing Rule 7.01 of the Rules of Family Court Procedure. The list of provisions is not set forth in this rule, as it was set forth in full in new Minn. Gen. R. Prac. 303.06. Subdivision (b) is derived from Rule 7.02 of the Rules of Family Court Procedure, and also in part from Second District Local Rule 7.021. Subdivision (c) is derived from Second District Local Rule 7.022. Subdivision (d) of this rule, replacing existing Rule 7.03 of the Rules of Family Court Procedure, was recommended to the Task Force by the Minnesota State Bar Association Family Law Section. Advisory Committee Comment - 2015 Amendments The amendment to Rule 308.01(c) makes explicit that service of a decree by electronic means is effective only if the recipient has consented to service by this means. Consent will be an integral part of registration for service using the court's e-filing and e-service system. Service by alternate means, such as by e-mail outside of the court's system, can be effective if the party to be served has expressly consented to that means of service. But inclusion of a fax number or e-mail address in a pleading signature block, letterhead or other correspondence, even if required by court rule, or use of these methods for other purposes, is not sufficient to establish consent to alternative means of service.

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