Rule 365.Decision and Order of Child Support Magistrate
Last amended July 1, 2026 · Last verified July 1, 2026
Full Text of Rule 365
Advisory Committee Comments
Advisory Committee Comment
Timing and Procedure for Bringing Motions. The timing for bringing a motion for review differs from the timing for bringing an appeal to the court of appeals. Under Rule 377.02, the time within which to bring a motion for review is twenty (20) days, which begins to run on the date the court administrator serves the notice of filing of order or notice of entry of judgment.
Timing and Procedure for Bringing an Appeal to Court of Appeals. Rule 104.01 of the Minnesota Rules of Civil Appellate Procedure provides that the time within which to bring an appeal to the court of appeals is sixty (60) days which begins to run on the date of service by any party upon any other party of written notice of the filing of the order or entry of the judgment. The Advisory Committee intends that Rule 378.01 supersede Minn. R. Civ. App. P. 104.01 to provide that the sixty (60) days begins to run on the date the court administrator serves the written notice of filing of the order or notice of entry of judgment.
Options For Review and Appeal. A party may choose to bring a motion to correct clerical mistakes, a motion for review, or a combined motion, or may choose to appeal directly to the court of appeals thus bypassing the first two options. However, if a party chooses the option of appealing directly to the court of appeals without first bringing a motion for review, such an appeal will be limited to determining whether the evidence sustains the findings of fact (to which the “clearly erroneous” standard of review applies) and whether the findings support the conclusions of law and the judgment. Kahn v. Tronnier, 547 N.W.2d 425, 428 (Minn. App.), rev. denied (Minn. July 10, 1996). Thus, although a motion for review is very important to obtaining the broadest possible appellate review, it is not an absolute prerequisite to appeal; a litigant can choose to file a direct appeal from the order of the child support magistrate, but the appeal will be limited to issues within that narrower scope of review.
Amendment History
- (Amended effective November 22, 2023.)
- (Amended effective July 1, 2026.)
Plain-English Summary
Rule 365 covers what happens when a party does not show up for a scheduled hearing, and what happens afterward once the hearing is over. If a party who was properly notified fails to appear, the magistrate has three options: decide every issue and issue an order right then without any further notice, dismiss the matter without prejudice so it can be refiled, or continue the hearing to a later date instead.
Once a hearing does happen, the clock starts running on the magistrate's own decision. The magistrate must file a decision and order with the court within 30 days of the record closing, whether that means the end of the hearing itself or the deadline for any additional documents the magistrate agreed to accept afterward. Court staff may hand the order to the parties right at the hearing if it is ready that quickly, though most cases will not be decided until later.
That decision and order is not the end of the road for a party who disagrees with it. Within 7 days of receiving it, the court administrator must serve a notice of filing on every party, spelling out the right to move to correct clerical mistakes, the right to move for review of the magistrate's decision, the right to appeal a final order directly to the court of appeals, the right of other parties to respond to any of those motions, and the magistrate's authority to award costs and fees against a motion to correct or a motion for review brought in bad faith or purely to delay.
Frequently Asked Questions
What happens if a party does not show up for their expedited process hearing?
If that party had proper notice of the hearing, the magistrate may decide all the issues and issue an order without further notice, dismiss the case without prejudice, or continue the hearing to another date.
How long does a magistrate have to issue a decision after a hearing?
A magistrate must file a decision and order with the court within 30 days of the record closing, which is either the end of the hearing or the deadline for any additional documents the magistrate agreed to accept.
Will I get a copy of the magistrate's order right after the hearing?
Sometimes. Court staff may serve the order on the parties at the hearing itself if it is ready by then, though many decisions take additional time before they are filed and served.
Is a magistrate's decision final as soon as it is filed?
No, not at filing. The decision and order becomes effective and final once the child support magistrate signs it, which is distinct from the magistrate's separate 30-day deadline to file that decision and order with the court after the record closes.
Can a case be dismissed without prejudice instead of decided on the merits?
Yes. When a party fails to appear at a properly noticed hearing, dismissing the matter without prejudice is one of the options available to the magistrate, alongside deciding the case outright or continuing the hearing.
Advisory Committee Comment – 2023 Amendments
Rule 365.02 is modified in 2023 to recognize that court staff serve the orders that the magistrates sign and file.