Scheduling of Final Hearing

Except when proceeding under Rule 302.01(c) by Joint Petition, Agreement and Judgment and Decree, to place a marriage dissolution matter on the default calendar for final hearing or for approval without hearing pursuant to Minnesota Statutes, section 518.13, subdivision 5, the moving party shall submit a Default Scheduling Request form developed by the state court administrator and shall comply with the following, as applicable: (a) Without Stipulation-No Appearance. In all default proceedings where a stipulation has not been filed, an Affidavit of Default and of Nonmilitary Status of the defaulting party or a waiver by that party of any rights under the Servicemembers Civil Relief Act, as amended, shall be filed with the court. (b) Without Stipulation-Appearance. Where the defaulting party has appeared by a pleading other than an answer, or personally without a pleading, and has not affirmatively waived notice of the other party's right to a default hearing, the moving party shall notify the defaulting party in writing at least 14 days before the final hearing of the intent to proceed to Judgment. The notice shall state: You are hereby notified that an application has been made for a final hearing to be held on _________, 20__, at __:__ _.m. at __________________ [a date not sooner than 14 days from the date of this notice]. You are further notified that the court will be requested to grant the relief requested in the petition at the hearing. You should contact the undersigned and the District Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 202 MINNESOTA COURT RULES Court Administrator immediately if you have any defense to assert to this default judgment and decree. The default hearing will not be held until the notice has been mailed to the defaulting party at the last known address and an affidavit of service by mail has been filed. If the case is to proceed administratively without a hearing under Minnesota Statutes, section 518.13, subdivision 5, then the notice shall be sent after the expiration of the 30-day answer period, but at least 14 days before submission of a default scheduling request as required by this rule, and shall state: You are hereby notified that an application will be made for a final judgment and decree to be entered not sooner than 14 days from the date of this notice. You are further notified that the court will be requested to grant the relief requested in the Petition. You should contact the undersigned and the District Court Administrator immediately if you have any defense to assert to this default judgment and decree. (c) Default with Stipulation. Whenever a stipulation settling all issues has been executed by the parties, the stipulation shall be filed with an affidavit of nonmilitary status of the defaulting party or a waiver of that party's rights under the Servicemembers Civil Relief Act, as amended, if not included in the stipulation. In a stipulation where a party appears as a self-represented litigant, the following waiver shall be executed by that party: I know I have the right to be represented by a lawyer of my choice. I hereby expressly waive that right and I freely and voluntarily sign the foregoing stipulation. (Amended effective January 1, 1993; amended effective January 1, 2004; amended effective January 1, 2006; amended effective January 1, 2008; amended effective May 1, 2012; amended effective July 1, 2015; amended effective March 1, 2024.) Family Court Rules Advisory Committee Commentary* This stipulation should establish that one of the parties may proceed as if by default, without further notice to or appearance by the other party. The waiver of counsel should be prepared as an addendum following the parties' signatures on the stipulation. *Original Advisory Committee Comment-Not kept current. Advisory Committee Comment - 1992 Amendment Subsections (a) and (b) of this rule are derived from existing Rule 5.01 of the Rules of Family Court Procedure. Subsection (c) of this rule is derived from existing Rule 5.02 of the Rules of Family Court Procedure. The default scheduling request required by Rule 306.01, as amended in 1992, serves the purpose of permitting the court administrator's office to schedule the case for the right type of hearing. It is not otherwise involved in the merits. The affidavit of default is a substantive document establishing entitlement to relief by default. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 203 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES Advisory Committee Comment - 2003 Amendment