Rule 362.Settlement
Last amended July 1, 2015 · Last verified July 1, 2026
Full Text of Rule 362
Advisory Committee Comments
Amendment History
- (Amended effective July 1, 2015.)
- (Amended effective July 1, 2015.)
Plain-English Summary
Rule 362 keeps a settled case out of a courtroom whenever possible. The parties can resolve their case at any point before a scheduled hearing, or before an order issues if no hearing was ever set, and Rule 362 makes clear that the alternative dispute resolution and settlement-conference rules used in other family court matters do not apply here, since the expedited process already runs on its own settlement track.
Getting an agreement approved takes more than a handshake. One of the parties has to write up an order stating the terms, though if both sides are self-represented and the county agency is a party, the county agency takes on that job instead. Every party, including the county agency, signs the original before it goes to the court, and the order itself must recite that the parties gave up their right to a hearing, gave up the right to counsel if they were representing themselves, and reviewed the documents used to put the order together.
A magistrate is not required to rubber-stamp what the parties agreed to. An order can be signed only if it is supported by law and is reasonable and fair; otherwise the magistrate rejects it and issues a notice of deficiency explaining why, giving the parties options such as filing missing documents, submitting a revised order, or asking for a hearing instead. If nobody fixes the problem or requests a hearing within 45 days of that notice, the magistrate dismisses the matter without prejudice. A stipulation gets rejected outright, though, if there is no underlying court file to attach it to, and neither the parties nor the magistrate can schedule a hearing until a party has served and filed a summons and complaint or a notice of motion and motion.
Frequently Asked Questions
Can parties settle a child support case without a hearing?
Yes. The parties may settle at any time before a scheduled hearing, or before an order is issued if no hearing has been set, and then submit a written order reflecting their agreement instead of appearing before a magistrate.
Who prepares the written settlement order in an expedited process case?
One of the parties normally prepares it, but if both parties are self-represented and the county agency is also a party, the county agency prepares the order instead.
Do alternative dispute resolution and settlement-conference rules apply to expedited process cases?
No. Rule 362 states that the alternative dispute resolution and settlement rules used in other family court proceedings do not apply to cases brought in the expedited process.
Can a magistrate refuse to sign an agreed settlement order?
Yes. A magistrate signs the order only if it is supported by law and is reasonable and fair; otherwise the magistrate rejects it and sends the parties a notice of deficiency explaining what needs to be fixed.
What happens if nobody responds to a notice of deficiency on a settlement order?
If the deficiency is not corrected and no hearing is requested within 45 days of the notice, the magistrate dismisses the matter without prejudice, leaving the parties free to refile later.
Advisory Committee Comment
After an order or a judgment and decree is issued, at a later date parties sometimes amicably agree to modify the order. These agreements are often reached without the serving and filing of any papers. Under such circumstances, the parties are required to reduce the agreement to writing in the form of a stipulation and order which a child support magistrate may accept or reject. If the stipulation and order is rejected, and there is no underlying file, the matter may not be set for hearing until such time as a complaint is filed thus giving the court jurisdiction over the parties.