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Rule 363.Default

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

In one sentenceRule 363 identifies which expedited process matters may proceed by default, covering actions to establish support, motions to modify or set support, unopposed venue changes under Rule 353, and proceedings to reinstate a suspended recreational license.

Full Text of Rule 363

Text sizeJump to: (363.01) (363.02) (363.03) (363.04)

363.01 Scope The default procedure set forth in this rule applies to actions to establish support under Minn. Stat. § 518A.82 (Rule 370), proceedings to modify support or set support (Rule 372), proceedings to change venue under Rule 353.01, subd. 2(c), and proceedings to reinstate a recreational license under Minn. Stat. § 518A.68(c).
363.02 Procedure The initiating party may proceed by default if:
(a) all non-initiating parties have been properly served with the summons or notice of motion;
(b) the summons or notice of motion did not contain a hearing date; and
(c) there has been no written answer or return of the request for hearing form from any party within 21 days from the date the last party was served. The initiating party shall file an order with the court within 45 days from the date the last non-initiating party was served with the summons and complaint or notice of motion and motion. The initiating party shall also file with the court a separate current affidavit of default and a current affidavit of non-military status regarding each non-initiating party. If an order is not filed with the court within 45 days, the court administrator shall mail a notice to all parties that the matter shall be scheduled for hearing unless the initiating party files an order along with all necessary documents within 14 days from the date notice was mailed. If the initiating party fails to file the necessary documents within the allotted 14 days, the court administrator shall set the matter on for hearing and serve upon all parties and the county agency by U.S. mail at least 14 days before the scheduled hearing, notice of the date, time, and location of the hearing. The notices shall be sent by electronic means in accordance with Rule 14 to any party who has agreed to or is required to accept electronic service under Rule 14.
363.03 Order Accepted The child support magistrate may sign an order filed pursuant to Rule 363.02 if the child support magistrate finds that it is supported by law, is reasonable and fair, and that each noninitiating party:
(a) was properly served with the summons and complaint or notice of motion and motion;
(b) was notified of the requirement to either serve and file a written answer or return the request for hearing form within 21 days of service of the summons and complaint or notice of motion and motion; and
(c) failed to serve and file a written answer or return the request for hearing form within 21 days from the date of service.
363.04 Order Not Accepted The child support magistrate may reject an order filed pursuant to Rule 363.02 if the child support magistrate finds the order contrary to law, or unreasonable and unfair. If the child support magistrate rejects the order, the child support magistrate shall prepare a notice of deficiency, stating the reason(s) why the order cannot be signed. The notice of deficiency shall inform the initiating party of the following options:
(a) to file and serve any missing documents;
(b) to file a revised order;
(c) to file a revised order and attach any missing or additional documents;
(d) to appear at a hearing, notice of which shall be issued by the court administrator to all parties;
(e) to appear at any previously scheduled hearing; or
(f) to withdraw the matter without prejudice. The court administrator shall transmit the notice of deficiency to the initiating party. The initiating party shall either correct the deficiency or set the case on for a hearing and serve notice of the date, time, and location of the hearing upon all parties pursuant to Rule 364. If the initiating party submits a revised order that raises new issues beyond the scope of the complaint or motion, amended pleadings shall be served on all parties and filed within 14 days from the date the notice of deficiency was transmitted. If the noninitiating party chooses to respond to the amended pleadings, the response must be served and filed within 14 days from service of the amended pleadings. If the initiating party fails to schedule a hearing or comply with the notice of deficiency within 30 days of the date the notice was transmitted, the child support magistrate shall dismiss the matter without prejudice.
End

Advisory Committee Comments

Advisory Committee Comment

Rule 363.01 is modified in 2023 to recognize that magistrates can process default proceedings under Rule 353.01 and default proceedings to reinstate a recreational license under Minn. Stat. § 518A.68(c). Reinstatements of a recreational license are required under the statute if the obligor is compliant with a payment agreement or subpoena or the IV-D case is closing. These reinstatements are usually not contested and it wastes court hearing time slots to require these cases on the Ex Pro calendar. A party retains the ability to request a hearing if they disagree with the reinstatement.

Amendment History

  • (Amended effective July 1, 2026.)
  • (Amended effective November 22, 2023.)
  • (Amended effective July 1, 2019.)
  • (Amended effective January 1, 2020.)

Plain-English Summary

Rule 363 does one specific job: it says which matters in the expedited process can be resolved when one side does not respond. That list covers actions to establish support, motions to modify or set support, motions to change venue where nobody has timely objected, and proceedings to reinstate a recreational license that was tied to a support obligation.

A default under this rule follows its own timeline. Once every non-initiating party has been properly served and the summons or notice did not itself set a hearing date, the initiating party can proceed by default if 21 days pass with no written answer and no returned request-for-hearing form. From there, the initiating party has 45 days from service to file a proposed default order, and a further 14-day cure period opens if that deadline slips, before the court administrator sets the matter for a hearing instead. Minnesota law also allows suspending a person's recreational license over unpaid support, which is why reinstating one belongs on this same default list.

A party avoids default in the first place by responding within that same 21-day window, either with a written answer or by returning the request-for-hearing form; that is the general mechanism Rule 363 itself provides, not a standing right to demand a hearing after a default order has already been proposed. The magistrate can still reject a proposed default order that is not supported by law, or is not reasonable and fair, in which case a notice of deficiency goes out with options that include setting the matter for a hearing. For a recreational-license reinstatement specifically, an Advisory Committee Comment notes that a party who disagrees with the proposed reinstatement can ask for a hearing rather than letting it happen by default.

Frequently Asked Questions

What kinds of expedited process matters can be resolved by default?

Rule 363 allows a default resolution for actions to establish support, motions to modify or set support, venue changes that nobody has timely objected to, and proceedings to reinstate a recreational license tied to a support obligation.

How does a default happen if the other party never responds?

Once every non-initiating party has been properly served with a summons or notice that did not itself set a hearing date, and 21 days pass with no written answer and no returned request-for-hearing form, the initiating party can prepare a proposed default order. That order, along with a current affidavit of default and an affidavit of non-military status for each non-initiating party, is due within 45 days of service; missing that date triggers a notice giving the initiating party 14 more days to file before the court sets the matter for a hearing instead.

Can I still get a hearing if I disagree with a proposed default order?

The way to get a hearing instead of a default is to respond within 21 days of service, either with a written answer or by returning the request-for-hearing form; Rule 363 does not otherwise give a defaulted party a standing right to demand a hearing after the fact. The one specific exception noted in the drafting history is a recreational-license reinstatement, where a party who disagrees with the proposed reinstatement can ask for a hearing rather than accept it by default.

Does Rule 363 cover contested motions to change venue?

No. It covers venue changes only where a party has failed to object in time; a venue motion that a party disputes is decided by district court, not resolved by default.

What law authorizes suspending and reinstating a recreational license for unpaid support?

Rule 363 ties the reinstatement process to Minnesota Statutes section 518A.68, which is the statute governing reinstatement of a recreational license connected to a support obligation.

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. 363). 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: default order child support casereinstating recreational license child supportuncontested venue change defaultrequesting a hearing instead of defaultwhich cases proceed by default