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To respond to a motion for review or a combined motion the party shall perform a through f within 28 days after the party was served with the notice under Rule To respond to a counter motion, the party shall perform items a through f within 40 days after the party was served with the notice under Rule If the filing is accomplished by mail, the response to motion shall be postmarked on or before the due date set forth in the notice of filing.

If none of the above events occur, the record on a motion for review or combined motion shall be deemed closed forty-six 46 days after service of the notice of filing as required by Rule For a motion to correct clerical mistakes and none of the above events occur, the record shall be deemed closed upon expiration of the time to respond to the motion to correct clerical mistakes. A party's motion shall be granted only upon a showing of good cause.

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Any response shall state why the relief requested in the motion should or should not be granted. If the court determines that the findings and order are not supported by the record or the decision is contrary to law, the child support magistrate or district court judge may issue an order:. See, e. No Right to Hearing. Office of the Revisor of Statutes. If in a motion for review a party requests review by the child support magistrate and any other party requests review by a district court judge, all motions shall be ased to a district court judge who shall either decide all issues or remand one or more issues to the child support magistrate with instructions.

The review by the child support magistrate or district court judge shall be based upon the decision of the child support magistrate or district court judge and any exhibits and affidavits filed, and, where a transcript has not been filed, may be based upon all or part of the audio or video recording of the hearing. When bringing or responding to a motion to correct clerical mistakes, a motion for review, or a combined motion, the parties shall not submit any i date Minnesota review evidence unless the child support magistrate or district court judge, upon written or oral notice to all parties, requests additional evidence.

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Amended effective June 1, ; amended effective January 1, ; amended effective September 1, Rule The revised rule allows the child support magistrate to affirm an order without findings, but does not require that. In the event a notice to remove is granted pursuant to Rulethe 30 days begins on the date the substitute child support magistrate or district court judge is ased. A party may respond to a motion to correct clerical mistakes or a motion for review. The court administrator may reject the motion documents if the appropriate fee does not accompany the documents at the time of filing.

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The child support magistrate or district court judge may affirm the order without making additional findings. Additional Evidence Discretionary. To calculate the time to serve a motion for review or combined motion, three 3 days shall be added to the 21 days for a total of 24 days within which to serve a motion when the notice form as required by Rule To calculate the time to serve a response to a motion for review or combined motion, three 3 days shall be added to the 28 days for a total of 31 days within which to respond when the notice form as required under Rule If the motion for review or combined motion is served by mail, an additional three 3 days shall be added to the 31 days for a total of 34 days within which to respond.

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Menu House Minnesota House of Representatives. If the child support magistrate who issued the order is unavailable, the motion may be ased by the court administrator to another child support magistrate serving in the judicial district.

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Minnesota Court Rules. If a responding party wishes to raise other issues, the responding party must set forth those issues as a counter motion in the response. The child support magistrate or district court judge shall make an independent review of any findings or other provisions of the underlying decision and order for which specific changes are requested in the motion.

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De novo review is consistent with the reported decisions construing the former rule. Kilpatrick v. KilpatrickN. DavisN. BlonigenN. Within 7 days of receipt of an order issued as a result of a motion to correct clerical mistakes, a motion for review, or a combined motion, the court administrator shall serve a notice of filing of order or notice of entry of judgment upon each party by United States Mail, along with a copy of the order or judgment. A motion for review or combined motion shall: a state the reason s the review is requested; b state the specific change s requested; c specify the evidence or law that supports the requested change s ; d state whether the party is requesting that the review be by the child support magistrate that issued the order being reviewed or by a district court judge; e state whether the party is requesting an order authorizing the party to submit new evidence; f state whether the party requests an order granting a new hearing; g include the acknowledgement as required pursuant to Rule Timing of Response to Motion.

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If the motion is denied, the child support magistrate or district court judge shall specifically state in the order that the findings, decision, and order are affirmed. Within 30 days of the close of the record, the child support magistrate or district court judge shall file with the court an order deciding the motion.

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The record shall be deemed closed upon occurrence of one of the following, whichever occurs later:. The decision and order of the child support magistrate or district court judge remains in full force and effect and is not stayed pending a motion to correct clerical mistakes, a motion for review, or a combined motion.

The court administrator may reject the responsive documents if the appropriate fee does not accompany the documents at the time of filing. The reviewing court need not make findings if the decision is to affirm. Legislative Committees. The order issued following a motion to correct clerical mistakes, a motion for review, or a combined motion is effective and final when ed by the child support magistrate or district court judge.

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In addition, the district court judge may remand one or more issues back to the child support magistrate with instructions. The child support magistrate or district court judge may order a hearing upon motion of a party or on the court's own initiative. A motion to correct clerical mistakes shall: a identify by and paragraph the clerical mistake s and state the correct language; b include the acknowledgment as required pursuant to Rule Motion for Review or Combined Motion.

The notice shall state that the parties have a right to appeal to the Court of Appeals under Rule If the order was issued by a district court judge, the court administrator shall provide a copy of the order to the child support magistrate.

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A response to a motion to correct clerical mistakes shall: 1 identify by and paragraph the clerical mistake s alleged by the moving party and state whether responding party agrees or opposes the corrections; 2 include an acknowledgment as required pursuant to Rule A response to a motion for review, combined motion, or counter motion shall: 1 state why the relief requested should or should i date Minnesota review be granted; 2 if new issues are raised, state the specific change s requested; 3 if new issues are raised, specify the evidence or law that supports the requested change s ; 4 state whether the party is requesting that the review be by the child support magistrate who issued the order being reviewed or by a district court judge; 5 state whether the party is requesting an order authorizing the party to submit new evidence; 6 state whether the party requests an order granting a new hearing; 7 include an acknowledgement as required pursuant to Rule Timing for Response to Counter Motion.

If a party requests that a motion for review be decided by a district court judge, upon the filing of a motion containing such a request the court administrator shall as soon as practicable notify the parties of the name of the judge to whom the motion has been ased. Except for motions to correct clerical mistakes, motions for review, or motions alleging fraud, all other motions for post-decision relief are precluded, including those under Minn. The child support magistrate or district court judge may issue an order denying the motion to correct clerical mistakes or may issue an order making such corrections as deemed appropriate.

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If any findings or other provisions of the child support magistrate's or district court judge's decision and order are approved without change, the child support magistrate or district court judge shall specifically state in the order that those findings and other provisions are affirmed but need not make specific findings or conclusions as to each point raised in the motion. To bring a motion for review or a combined motion, the aggrieved party shall perform items a through f within 21 days of the date the court administrator served that party with the notice form as required by Rule Service may be made by personal service or by U.

If the moving party has agreed to or is required to accept electronic service under Rule 14, service must be made by electronic means upon any other parties that have agreed to or are required to accept electronic service under Rule If the filing is accomplished by mail, the motion shall be postmarked on or before the due date set forth in the notice of filing. To bring a motion to correct clerical mistakes, the aggrieved party shall perform items a through e as soon as practicable after discovery of the error. A hearing shall not be held unless ordered by the child support magistrate or district court judge.

Amended effective November 1, ; amended effective July 1, ; amended effective January 1, To i date Minnesota review the time to respond to a motion to correct clerical mistakes, three 3 days shall be added to the 14 days for a total of 17 days within which to respond when the motion is served by mail.

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Amended effective July 1, ; amended effective January 1, Motion to Correct Clerical Mistakes. The affidavit of service shall be filed at the time the original response to motion is filed. In the event the child support magistrate or district court judge decides to conduct a hearing, the child support magistrate or the district court judge shall direct the court administrator to schedule a hearing date and to serve notice of the date, time, and location of the hearing upon all parties and the county agency. If any findings or other provisions of the child support magistrate's or district court judge's decision and order are modified, the child support magistrate or district court judge need only make specific findings or conclusions with respect to the provisions that are modified.

Costs and Fees. Revisor Menu. To respond to a motion to correct clerical mistakes the party shall perform items a through e within 14 days after the party was served with the motion. The record shall be deemed closed upon occurrence of one of the following, whichever occurs later: a filing of i date Minnesota review response pursuant to Rule If the court determines that the findings and order are not supported by the record or the decision is contrary to law, the child support magistrate or district court judge may issue an order: 1 denying in whole or in part the motion for review; 2 approving, modifying, or vacating in whole or in part, the decision and order of the child support magistrate; or 3 scheduling the matter for hearing and directing the court administrator to serve notice of the date, time, and location of the hearing upon the parties.

The affidavit of service shall be filed at the time the original motion is filed. Schedules, Calendars, and Legislative Business. To calculate the time to serve a response to a counter motion, three 3 days shall be added to the forty 40 days for a total of forty-three 43 days within which to respond when the notice form as required under Rule If the counter motion to the motion for review or combined motion is served by mail, an additional three 3 days shall be added to the forty-three 43 days for a total of forty-six 46 days within which to respond.

Record on Review.

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Advisory Committee Comment - Amendment Rule Amended effective January 1, Martin Luther King Jr. Paul, MN The child support magistrate or district court judge may award costs and fees incurred in responding to a motion to correct clerical mistakes, motion for review, or combined motion if the child support magistrate or district court judge determines that the motion is not made in good faith or is brought for purposes of delay or harassment. The rule is intended to adopt expressly a de novo standard of review.