Rule 304.Scheduling of Cases
Last amended July 1, 2026 · Last verified July 1, 2026
Full Text of Rule 304
Advisory Committee Comments
Advisory Committee Comment--2026 Amendments
Rule 304.01(a) is amended to reflect a change in statutory citation.
Advisory Committee Comment—2014 Amendments
The amendments to Rules 304.02 and 304.03 recognize that different districts and counties use different processes for scheduling family law matters. Rule 304.02 is amended to rename the Initial Case Management Statement (formerly known as the Informational Statement) as the Scheduling Statement. This change is intended to make clear the distinction between it and the Initial Case Management Conference (ICMC) Data Sheet used in the many counties that hold Initial Case Management Conferences (ICMCs) and find them useful tools in managing their cases. Pursuant to Judicial Branch Policy 520.1 § IV, the ICMC Data Sheet is not to be filed with the court, but is provided to the court in advance of the ICMC to assist the court in preparing for and holding the ICMC. Further information on the ICMC process, if in use in a particular court, may be obtained on the individual court’s websites, which may be accessed through the state court website, www.mncourts.gov.
The Scheduling Statement is formally filed with the court within 60 days of filing of the case. The court’s management of the case from and after the ICMC ensures the case is concluded in a timely manner, alleviating the necessity of filing a Scheduling Statement. In counties that do not utilize ICMCs as part of case management, the filing of the Scheduling Statement will assist the court in scheduling appropriate court appearances to conclude the case in a timely manner.
Advisory Committee Comment--1996 Amendment
This rule is new. It is patterned after the similar new Minn Gen. R.. Prac. 111. The Task Force believes that the scheduling information and procedures in family court and other civil matters should be made as uniform as possible, consistent with the special needs in family court matters. It is amended in 1996 to include information needed for using alternative dispute resolution in family law matters as required by Minn. Gen. R. Prac. 301.01(sic), also as amended in 1996. These amendments follow the form of similar provisions in Minn Gen. R.. Prac. 111, and should be interpreted in the same manner.
Matters not scheduled under the procedures of this rule are scheduled by motion practice under Minn. Gen. R. Prac. 303. Rule 304.02 now provides a definite time by which informational statements are required, even if a temporary hearing is contemplated and postponed. Under the prior version of the rule, informational statements might never be due because a temporary hearing might be repeatedly postponed. If the parties seek to have a case excluded from the court scheduling process, they may do so by stipulating to having the case placed on “Inactive Status.” This stipulation can be revoked by either party, but removes the case from active court calendar management for up to one year. See Minnesota Conference of Chief Judges (See Exhibit A), Resolution Relating to the Adoption of Uniform Local Rules, Jan. 25, 1991.
This rule provides for a separate Form 9B for use by unrepresented parties. This form contains additional information useful to the court in managing cases where one or both parties are not represented by an attorney. This form is updated in 1996 to request information about any history or claims of domestic abuse and the views of the parties on the use (or potential use) of alternative dispute resolution in the same manner as Form 9A or represented parties.
Advisory Committee Comment—2007 Amendment
Rule 304.05 is a new provision, intended primarily to make it clear that the special scheduling procedures relating to collaborative law in Minn. Gen. R. Prac. 111.05 apply to scheduling of family law matters subject to Rule 304. The rule permits a scheduling order to include provision for collaborative law, but does not require it.
Advisory Committee Comment—2009 Amendment
Rule 304.02 is amended to include section (b)(7) adopted to implement the gathering of information about the potential need for interpreter services in a case, either for witnesses or for a party. See Minn. Gen. R. Prac. 8.13.
Amendment History
- (Amended effective July 1, 2026.)
- (Amended effective July 1, 2026.)
Plain-English Summary
Rule 304 puts most Family Court Actions on a schedule toward trial or another final disposition, but it carves out the cases with their own separate tracks: contempt, domestic abuse proceedings, custody enforcement, and the various support-enforcement and reimbursement actions that Minnesota Statutes already schedule a different way, including the expedited child support process. One piece of the rule, the provision on continuances, applies across the board regardless of which track a case is on.
Within sixty days of the initial filing, the parties normally file a Scheduling Statement on the form the state court administrator provides. Some counties instead hold an Initial Case Management Conference; where the court orders one, the parties follow whatever the court directs about which form to use, when it's due, and whether it needs to be filed at all rather than just handed to the judge.
The scheduling order that follows can set deadlines for discovery, motions, custody or property evaluations, the pretrial conference, and trial, and it must build in time for alternative dispute resolution. For a case proceeding under collaborative law, the order can instead defer the case on the calendar and exempt it from those other ADR requirements, under Rule 111.05(b) and (c). Either side can ask to amend it later for good cause, or the parties can agree to amend it with the court's approval. A trial continuance follows the general rule on continuances used across Minnesota's district courts; a continuance of a motion or pretrial conference instead requires a written request explaining the reason.
Frequently Asked Questions
When is a Scheduling Statement due in a Minnesota family court case?
Within sixty days of the initial filing, unless the court has ordered the parties to use an Initial Case Management Conference instead.
Which family court cases does Rule 304 leave off the standard schedule?
Contempt, domestic abuse proceedings, custody enforcement, several support-enforcement and reimbursement actions, and cases handled through the expedited child support process all follow their own separate tracks.
What can a family court scheduling order set deadlines for?
Alternative dispute resolution, discovery and other pretrial preparation, motions, custody or property evaluations, the pretrial conference, and the trial or final hearing.
Can a family court scheduling order be changed after it's entered?
Yes, at a pretrial or settlement conference, on a motion showing good cause, or by the parties' stipulation if the court approves it.
How does a party ask for a continuance of a family court motion?
In writing, setting out the reason for the request; a trial continuance instead follows Minnesota's general rule on continuances.
Advisory Committee Comment—2012 Amendments
Rule 304.02 is amended to reflect the more varied approaches to case management being used in Minnesota courts. The Initial Case Management Statement replaces the former Party’s Information Statement form and is intended to be a more flexible device for obtaining information to be used by the court in making case-management decisions. Supplemental information regarding local programs such as Early Case Management and/or Early Neutral Evaluation addressing may require submission of separate information on a separate time deadline.