Rule 374

Rule 374. Civil

ContemptRule

374.01 InitiationCivil contempt proceedings initiated in the expedited process shall be brought according to the procedure set forth in Minn. Gen. R. Prac. 309.Rule

374.02 Resolution of Contempt MatterIf the parties reach agreement at the initial appearance, the agreement may be stated orally on the record or the county attorney may prepare an order that shall be signed by all parties and submitted to the child support magistrate for approval. If approved, the order shall be forwarded to the court administrator for signing by a district court judge. The order is effective upon signing by a district court judge.Rule

374.03 Evidentiary HearingIf the parties do not reach agreement at the initial appearance, the child support magistrate shall refer the matter for an evidentiary hearing before a district court judge or a family court referee. A child support magistrate shall not consider or decide a contempt matter, except as provided in Rule 353.01, subd. 2.

(Amended effective November 22, 2023.)

Advisory

Committee Comment - 2023

Amendments

Rule 374.03 is modified in 2023 to make clear that the matter is referred to the district court for an evidentiary hearing and not to court administration to schedule a hearing on a contested contempt proceeding.Rule

374.04 Failure to AppearIf the alleged contemnor fails to appear at the initial appearance, the child support magistrate may certify to a district court judge that the alleged contemnor failed to appear and may recommend issuance of a warrant for the person’s arrest. Only a district court judge may issue arrest warrants.

Source: Minnesota Office of the Revisor of Statutes