Rule 371
Rule 371. Parentage
ActionsRule
371.01 CommencementA proceeding to establish parentage shall be commenced in the expedited process by service of a summons, complaint, and motion pursuant to Rule 371.03. A supporting affidavit may also be served. Unless blood or genetic testing has already been completed, a request for blood or genetic testing shall be served with the summons and complaint. In addition to service of the summons and complaint, an order to show cause may be issued pursuant to Minn. Gen. R. Prac. 303.05. Service shall be completed at least 21 days before any scheduled hearing.
(Amended effective January 1, 2020; amended effective November 22, 2023.)
Advisory
Committee Comment - 2023
Amendments
Rule 371.01 is modified in 2023 to require a motion to commence a parentage action.Rule
371.02 Content of Summons, Complaint, Motion, and Supporting AffidavitSubdivision 1. Content of Summons.A summons shall:(a) state the name of the court;
(b) state the names of the parties;
(c) state an address where the initiating party may be served;
(d) state that the purpose of the action is to establish parentage;
(e) state the date, time, and location of the hearing;
(f) provide information about serving and filing a written response pursuant to Rule 371.04 and Rule 371.05;
(g) state that all parties shall appear at the hearing, and if any party fails to appear at the hearing the child support magistrate shall proceed pursuant to Rule 365.01;
(h) state that a party has the right to representation pursuant to Rule 357;
(i) state that the case may be settled informally by contacting the initiating party and include the name, address, and telephone number of the person to contact to discuss settlement; and(j) be signed by the initiating party or that party’s attorney.If there is reason to believe that domestic violence exists or if an order for protection has been issued, a party may provide an alternative address and telephone number. Pursuant to Minnesota Statutes, section 257.70, paragraph (b), in all actions in which public assistance is assigned or the county agency is providing services to a party or parties to the action, information regarding the location of one party may not be released by the county agency to any other party if the county agency has knowledge that one party is currently subject to a protective order with respect to the other party or the joint child, and disclosure has not been authorized, or has reason to believe that the release of the information may result in physical or emotional harm to a party or joint child.Subd. 2.Content of Complaint.A complaint shall:(a) state the specific relief the initiating party wants the child support magistrate to order, including all of the required elements listed in Minnesota Statutes, section 257.66, subdivision 3;
(b) state the facts and grounds supporting the request for relief;
(c) set forth the acknowledgement required under Rule 379.04; and(d) be signed by the initiating party or that party’s attorney.Subd. 3.Content of Motion.A motion shall:(a) state the specific relief being requested from the court, including a determination of parentage, the child’s legal name, legal and physical custody, parenting time, and child support;
(b) provide information about the right to respond and the timing requirements; and(c) set forth the acknowledgment required under Rule 379.04.Subd. 4.Content of Supporting Affidavit.A supporting affidavit shall:(a) state detailed facts supporting the request for relief, including the facts establishing parentage;
(b) provide all information required by Minnesota Statutes, section 518A.46, subdivision 3, paragraph (a), if known; and(c) be either:(1) signed and sworn to under oath; or(2) signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, provided that the signature is affixed immediately below a declaration using substantially the following language: “I declare under penalty of perjury that everything I have stated in this document is true and correct.” In addition to the signature, the date of the signing and the county and state where the document was signed shall be noted on the document.
(Amended effective June 1, 2009; amended effective July 1, 2015; amended effective November 22, 2023.)
Advisory
Committee Comment - 2023
Amendments
Rule 371.02 is modified in 2023 to require a motion to commence a support proceeding and to recognize the statutory limits on the public authority’s disclosure of address information pursuant to Minnesota Statutes, sections 518.005, subdivision 5, and 257.70, paragraph (b). Changes also recognize that pleading the issues of custody and parenting time is required by statute (Minnesota Statutes, section 257.66, subdivision 3) as well as case law (Morey v. Peppin, 375 N.W.2d. 19 (Minn. 1985)).Rule
371.03 Service of Summons and ComplaintSubdivision 1. Who is Served.The biological mother, each man presumed to be the father under Minnesota Statutes, section 257.55, each man alleged to be the biological father, and the county agency even if not a party, shall be served pursuant to subdivision 2.Subd. 2.How Served.The summons, complaint, motion, and any supporting affidavit, and if required, a request for blood or genetic testing, shall be served upon the parties by personal service, or alternative personal service, pursuant to Rule 355.02, unless personal service has been waived in writing.
(Amended effective November 1, 2003; amended effective November 22, 2023.)
Advisory
Committee Comment - 2023
Amendments
Rule 371.03 is modified in 2023 to require a motion to commence a parentage action.Rule
371.04 Filing RequirementsSubdivision 1. Initiating Party.No later than 14 days before any scheduled hearing, the initiating party shall file the following with the court:(a) the original summons;
(b) the original complaint;
(c) the original motion;
(d) the original supporting affidavit, if served; and(e) proof of service upon each party pursuant to Rule 355.04.Subd. 2.Responding Party.If a noninitiating party responds with a written response pursuant to Rule 371.05, the following, if served, shall be filed with the court no later than 7 days before any scheduled hearing:(a) the original written answer along with a financial affidavit pursuant to Minnesota Statutes 2006, section 518A.28; or(b) a request for blood or genetic testing; and(c) proof of service upon each party pursuant to Rule 355.04.Subd. 3.Electronic Filing.Where authorized or required by Rule 14 of these rules, documents may, and where required shall, be filed by electronic means by following the procedures of Rule 14.Subd. 4.Treatment of Confidential Information.To retain privacy, restricted identifiers as defined in Rule 11 (such as Social Security numbers, employer identification numbers, financial account numbers) must be removed from any documents provided under this rule and may only be submitted on a separate Confidential Information Form as required in Rule 11. In addition, financial source documents as defined in Rule 11 (such as tax returns, wage stubs, credit card statements) must be submitted under a cover sheet entitled “Confidential Financial Source Documents” as required in Rule 11.
(Amended effective January 1, 2006; amended effective June 1, 2009; amended effective July 1, 2015; amended effective May 23, 2016; amended effective January 1, 2020; amended effective November 22, 2023.)
Advisory
Committee Comment - 2023
Amendments
Rule 371.04, subd. 1, is modified in 2023 to require a motion to commence a parentage action and to require earlier filing of the required documents to allow court staff adequate time to open a case in MNCIS and schedule the hearing. The filing requirement changes from 7 days to 14 days in advance of the hearing.Rule
371.05 ResponseSubdivision 1. Response Options.In addition to appearing at the hearing as required under Rule 371.10, subd. 1, a noninitiating party may do one or more of the following:(a) contact the initiating party to discuss settlement; or(b) within 21 days of service of the summons and complaint, serve upon all parties one or more of the written responses pursuant to subdivision 2.Subd. 2.Types of Written Response.
(a) Request for Blood or Genetic Test.A noninitiating party may serve and file a request for blood or genetic testing either alleging or denying paternity. Filing of a request for blood or genetic testing shall, with the consent of the parties, extend the time for filing and serving a written answer until the blood or genetic test results have been mailed to the parties. In this event, the alleged parent shall have 14 days from the day the test results are mailed to the alleged parent in which to file and serve a written answer to the complaint.
(b) Written Answer.A noninitiating party may serve and file a written answer responding to all allegations set forth in the complaint. The matter shall proceed pursuant to Rule 353.02, subd. 3, if the written answer raises one or more of the following issues: parentage, custody, parenting time, or the legal name of the child.
*(Amended effective June 1, 2009; amended effective January 1, 2020.)*Rule
371.06 Blood or Genetic Testing Requested Before HearingWhen a request for blood or genetic testing is made prior to the hearing pursuant to Rule 371.05, the child support magistrate shall issue an order for blood or genetic testing and shall continue the hearing to allow the tests to be completed and the results to be received.Rule
371.07 Amended PleadingsSubdivision 1. Service.At any time up to 14 days before a scheduled hearing, the initiating party may serve and file amended pleadings.Subd. 2.Response.If the noninitiating party chooses to respond to amended pleadings, the response must be made within the time remaining for response to the original pleading or within 14 days after service of the amended pleadings, whichever period is longer, unless the court otherwise orders.
*(Amended effective January 1, 2020.)*Rule
371.08 FeesA filing fee shall be paid pursuant to Rule 356 upon the filing of:(a) the summons, complaint, and motion; and(b) the written answer or the request for blood or genetic testing, if any.
(Amended effective November 22, 2023.)
Advisory
Committee Comment - 2023
Amendments
Rule 371.08 is modified in 2023 to require a motion to commence a parentage action.Rule