Rule 379
Rule 379. Forms
Rule
379.01 Court Administrator to Provide FormsWhenever a court administrator is required to provide forms under these rules, those forms shall be provided to the parties in the most accessible method for the parties, including fax, electronic mail, in person, by U.S. mail, or in alternate formats.Rule
379.02 Substantial ComplianceThe forms developed by the state court administrator and by the Department of Human Services for use in the expedited process, or forms substantially in compliance with such forms, are sufficient for purposes of these rules.Advisory Committee CommentThe Advisory Committee encourages use of the standardized forms developed by the state court administrator and Department of Human Services. However, regardless of such standardized forms, attorneys representing the parties and the county attorney representing the interests of the county agency retain professional responsibility for the form and content of pleadings and other legal documents used in the expedited process.Rule
379.03 Modification of FormsExcept as otherwise provided in these rules, a party has discretion to modify the standardized forms to address the factual and legal issues that cannot be adequately covered by standardized forms.Rule
379.04 AcknowledgmentSubdivision 1.Generally.Each complaint or motion served and filed in the expedited process shall set forth an acknowledgment by the party or the party’s attorney. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other document, an attorney or self-represented litigant is certifying that to the best of the person’s knowledge, information, and belief:(a) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(b) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(c) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;
(d) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief; and(e) the court may impose an appropriate sanction upon the attorneys, law firms, or parties that violate the above stated representations to the court, or are responsible for the violation.Subd. 2.Motions to Correct Clerical Mistakes and Motions for Review.In motions to correct clerical mistakes, motions for review, or combined motions, the acknowledgment shall also include the following:(a) a statement that the existing order remains in full force and effect and the parties must continue to comply with that order until a new order is issued; and(b) a statement that the party understands that the child support magistrate or judge will decide whether the party may submit new information or whether the party may have a hearing, and that the parties will be notified if the party’s request is granted.
*(Amended effective July 1, 2015; amended effective September 1, 2018.)*Rule 379.05[Deleted effective June 1, 2009]