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Rule 360.Intervention

Last amended January 1, 2020 · Last verified July 1, 2026

In one sentenceRule 360 lets a county agency intervene as a matter of right, to the extent the law allows, by serving a notice on the parties, and lets anyone else intervene with the magistrate's permission if that person's legal rights, duties, or privileges will be affected by the case's outcome.

Full Text of Rule 360

Text sizeJump to: (360.01) (360.02) (360.03)

360.01 County Agency
Subdivision 1. Intervention as a Matter of Right. To the extent allowed by law, the county agency may, as a matter of right, intervene as a party in any matter conducted in the expedited process. Intervention is accomplished by serving upon all parties a notice of intervention by U.S. mail, or by electronic service under Rule 14 upon parties who have agreed to or are required to accept electronic service under Rule 14. The notice of intervention and affidavit of service shall be filed with the court. No affidavit of service is required for electronic service upon parties who have agreed to accept electronic service under Rule 14.
Subd. 2. Effective Date. Intervention by the county agency is effective when the last person is served with the notice of intervention.
360.02 Other Individuals
Subdivision 1. Permissive Intervention. Any person may be permitted to intervene as a party at any point in the proceeding if the child support magistrate finds that the person’s legal rights, duties, or privileges will be determined or affected by the case.
Subd. 2. Procedure. A person seeking permissive intervention under subdivision 1 shall file with the court and serve upon all parties a motion to intervene. The motion shall state:
(a) how the person's legal rights, duties, or privileges will be determined or affected by the case;
(b) how the person will be directly affected by the outcome of the case;
(c) the purpose for which intervention is sought; and
(d) any statutory grounds authorizing the person to intervene.
Subd. 3. Objection to Permissive Intervention. Any existing party may file with the court and serve upon all parties and the intervenor a written objection within 14 days of service of the motion to intervene.
Subd. 4. Effective Date; Hearing. If a written objection is not timely served and filed and the requesting party meets the requirements of subdivisions 1 and 2, the child support magistrate may grant the motion to intervene after considering the factors set forth in subdivision 2. If written objection is timely served and filed, the child support magistrate may hold a hearing on the matter or may decide the issue without a hearing. Intervention is effective as of the date granted.
360.03 Effect of Intervention The child support magistrate may conduct hearings, make findings, and issue orders at any time prior to intervention being accomplished or denied. Prior proceedings and decisions of the child support magistrate are not affected by intervention. Upon effective intervention the caption of the case shall be amended to include the name of the intervening party, which shall appear after the initial parties’ names.
End

Amendment History

  • (Amended effective July 1, 2015.)
  • (Amended effective January 1, 2020.)

Plain-English Summary

Rule 360 gives the county agency an automatic path into a case, to the extent the law allows. Because the agency represents the public interest in child support, it can intervene as a matter of right by serving a notice of intervention on the parties and filing that notice with proof of service; intervention becomes effective once the last person on the list has been served.

Anyone else who wants in has to ask. A person seeking permissive intervention must file and serve a motion explaining how their legal rights, duties, or privileges will be determined or affected by the case, how they will be directly affected by its outcome, why they want to intervene, and what statute lets them do so. Any existing party can object in writing within 14 days of being served with that motion, and if nobody objects in time, the magistrate can grant intervention without a hearing. If someone does object, the magistrate can either hold a hearing or decide the question on the papers.

Intervention does not reach backward. A magistrate can keep holding hearings, making findings, and issuing orders while a request to intervene is still pending, and none of that earlier work is undone once intervention is granted or denied. Once intervention does take effect, the only immediate change is procedural: the case caption is amended to add the intervenor's name after the names of the original parties.

Frequently Asked Questions

Does a county agency need permission to intervene in an expedited process case?

No, not from the magistrate. To the extent the law allows it, a county agency may intervene as a matter of right just by serving a notice of intervention on the parties and filing it with the court, without needing the magistrate's approval.

How does another person ask to intervene in a child support case?

That person must file and serve a motion explaining how the case affects their legal rights, duties, or privileges, how they are directly affected by the outcome, and what statute allows them to intervene, and then wait to see whether any existing party objects.

How long do the parties have to object to someone else's motion to intervene?

An existing party has 14 days from being served with the motion to file a written objection; without a timely objection, the magistrate can grant the motion without holding a hearing.

Does an intervention request pause the case while it is pending?

No. A magistrate can continue to hold hearings, make findings, and issue orders while a request to intervene is still pending, and none of that earlier work is affected by whether intervention is later granted or denied.

What changes once someone is allowed to intervene in a case?

The case caption is amended to add the intervenor's name, listed after the names of the original parties, and the intervenor becomes a party going forward from the date intervention was granted.

Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the official Minnesota Rules of Family Court Procedure (Minn. R. Gen. Prac. 360). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source
Also known as: county agency intervention righthow to intervene child support casepermissive intervention expedited process14 day objection intervention motionadding a party child support case