Right to Present Evidence

Subdivision 1. Generally. Each party may present evidence, rebuttal testimony, and argument with respect to the issues. Subd. 2. Testimony and Documents Permitted. Evidence may be presented through documents and testimony of the parties or other witnesses. Testimony may be given in narrative fashion by witnesses or by question and answer. Any party may be a witness and may present witnesses. All oral testimony shall be under oath or affirmation. The child support magistrate may exclude witnesses from the hearing room so that they cannot hear the testimony of other witnesses. In any proceeding, a sworn written affidavit of any party or witness may be offered in lieu of oral testimony. Subd. 3. Necessary Preparation Required. At least 7 days before the hearing the parties shall submit to all other parties and the court paper or electronic copies of any documents they intend to present as evidence. The child support magistrate shall have discretion in determining whether evidence that was not timely exchanged before the hearing should or should not be admitted into evidence. (Amended effective July 1, 2001; amended effective November 1, 2003; amended effective January 1, 2020; amended effective November 22, 2023.) Advisory Committee Comment - 2023 Amendments Rule 364.09, subd. 3, is modified in 2023 to recognize that in remote proceedings parties will not bring evidentiary documents to the hearing as they would for an in-person hearing, but parties are required to submit them to the court and other parties at least 7 days in advance of the hearing as directed by applicable court order or notice. The Minnesota Digital Exhibit System (MNDES), to the extent that is available in a particular county, was designed for submission of evidentiary Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 244 MINNESOTA COURT RULES documents to the court. Details regarding MNDES are available on the main judicial branch website (www.mncourts.gov).