Rule 357.Legal Representation and Appointment of Guardian Ad Litem
Last amended November 22, 2023 · Last verified July 1, 2026
Full Text of Rule 357
Advisory Committee Comments
Advisory Committee Comment-2019 Amendment
Rule 357.03 is amended to reflect the 2012 amendment of Minn. Stat. § 257.69, to limit appointments of counsel to the initial establishment of parentage. Custody, parenting time, and name of child, to the extent agreed upon or defaulted, can be included in the initial establishment of parentage. Otherwise, under Rule 353.01, subd. 3(g), evidentiary hearings to establish custody, parenting time, or name of the child under Minn. Stat. chapter 257 must be held outside the expedited process.
Advisory Committee Comment-2023 Amendments
Rule 357.03 is modified in 2023 to narrow the statutory reference to subdivision 1 as other parts of the statute address different issues.
Amendment History
- (Amended effective November 22, 2023.)
Plain-English Summary
Rule 357 starts from a plain baseline: anyone appearing in the expedited process can bring a lawyer. That right does not automatically come with public funding, though. A lawyer who is not a public defender or a county attorney has to file a certificate of representation with the court on or before that lawyer's first appearance, so the record shows who represents whom from the start.
Public funding is available, but only in two situations. A magistrate must appoint an attorney at public expense for a party who has not waived the right to counsel, asks for an attorney, and cannot afford to hire one, when the case seeks to establish parentage or when a contempt proceeding could result in the party's incarceration. Even then, a lawyer appointed to handle a parentage case is limited to the issues involved in establishing that parentage in the first place, not every later dispute that might arise between the same parties.
The rule's title also covers guardians ad litem. Where a child or a minor parent is a party to a proceeding in the expedited process, a magistrate may appoint a guardian ad litem to represent that person's interests, following the same procedure used for a guardian ad litem appointment anywhere else in Minnesota civil practice.
Frequently Asked Questions
Does every party have the right to a lawyer in the expedited process?
Yes, any party may be represented by an attorney, but having that right does not mean the court will pay for one unless the case fits one of the situations where appointed counsel is required.
When must a magistrate appoint a free attorney for a party?
A magistrate must appoint an attorney at public expense for a party who has not waived the right to counsel, requests one, and cannot afford to retain one, but only when the case involves establishing parentage or a contempt proceeding where the party could be incarcerated.
Does a court-appointed attorney in a parentage case handle everything in that case?
No. A court-appointed attorney in a parentage case represents the party only on the issues necessary to establish parentage itself, not on every other issue that might come up in the same proceeding.
Do county attorneys have to file a certificate of representation?
No. Rule 357 exempts public defenders and county attorneys from the certificate of representation requirement; every other attorney must file one on or before that attorney's first appearance in the case.
Can a guardian ad litem be appointed for a child in an expedited process case?
Yes. A child support magistrate may appoint a guardian ad litem to represent a child or a minor parent who is a party to the case, using the same procedure used to appoint a guardian ad litem in other Minnesota civil matters.
Advisory Committee Comment
Parentage. The Minnesota Parentage Act, codified as Minn. Stat. §§ 257.51 – .74 (2000), provides that “the court shall appoint counsel for a party who is unable to pay timely for counsel in proceedings under sections 257.51 to 257.74.” Minn. Stat. § 257.69, subd. 1 (2000). A party has a right to appointed counsel for all matters brought under the Parentage Act. See M.T.L. v. Dempsey, 504 N.W.2d 529, 531 (Minn. App. 1993).
Contempt. In Cox v. Slama, 355 N.W.2d 401, 403 (Minn. 1984), the court established the right to counsel for persons facing civil contempt for failure to pay child support when incarceration is a real possibility.