Rule 368.Removal of a Particular Child Support Magistrate
Last verified July 1, 2026
Full Text of Rule 368
Advisory Committee Comments
Plain-English Summary
Rule 368 starts by closing a door: no party gets to remove a child support magistrate, family court referee, or district judge automatically, the way a party might strike a judge in some other contexts. That is true even for a motion to correct clerical mistakes or a motion for review.
Removal is still possible, but only for cause, and only on a schedule. A party has 10 days from being served with notice of which magistrate is assigned to the case, or 10 days from discovering the prejudice, to serve and file a request for removal. If the assignment happens less than 10 days before the hearing itself, the request just has to be made as soon as practicable after that notice arrives. Winning the request takes an affirmative showing of prejudice, the same kind of showing that would justify excluding that person from sitting as a juror in the case for bias.
Losing the first request does not end the matter. A party can ask, in writing, for a district judge assigned to or chambered in that district to review the denial and decide whether cause for removal exists. If the magistrate whose removal was denied happens to also be a judge in that district, a different judge handles that review instead.
Frequently Asked Questions
Can I automatically remove the child support magistrate assigned to my case?
No. Rule 368 gives no party an automatic right to remove a magistrate, family court referee, or district judge, even in connection with a motion to correct clerical mistakes or a motion for review.
How long do I have to request removal of a magistrate for cause?
You have 10 days from being served with notice of the magistrate's name, or 10 days from discovering the prejudice, whichever applies, to serve and file the removal request.
What do I have to show to get a magistrate removed for cause?
You must make an affirmative showing of prejudice, the same standard that would justify excluding that person from serving as a juror in the case because of bias.
What happens if the magistrate is assigned less than 10 days before my hearing?
The request to remove the magistrate must be made as soon as practicable after the assignment notice is given, rather than within the usual 10-day window.
What if the magistrate denies my request to remove them?
You can file a written request asking a district judge assigned to or chambered in that district to review the denial, and a different judge handles that review if the magistrate in question also serves as a judge there.
Advisory Committee Comment – 2008 Amendment
Rule 368.02, subd. 1, is amended to clarify the procedure for removal of an assigned child support magistrate from hearing a matter. Subdivision 3 is a new provision, designed to provide a more streamlined mechanism for review of a magistrate’s decision not to order removal. The review of that decision is to be heard by a district judge who either had chambers in the county where the expedited child support case is pending or to a judge assigned to that county. This procedure obviates submission of the matter to the Chief Judge, recognizing that the Chief Judge may be far removed from the county where the case is pending.