Rule 374.Civil Contempt
Last amended November 22, 2023 · Last verified July 1, 2026
Full Text of Rule 374
Advisory Committee Comments
Amendment History
- (Amended effective November 22, 2023.)
Plain-English Summary
Rule 374 governs a civil contempt proceeding once it lands in the expedited process, the path available when a parent is not complying with a support order and the county agency or the other parent wants the magistrate involved. The proceeding starts the way contempt matters start generally in family court, then comes to an initial appearance before the child support magistrate.
If the parties reach an agreement at that first appearance, it can go on the record right there, or the county attorney can put it in writing for every party to sign. Either way, the magistrate has to approve it, and even an agreed order is not final until a district court judge signs it.
If the parties cannot agree, the magistrate cannot decide the contempt matter directly, apart from the exception in Rule 353.01, subd. 2, and instead refers the case for an evidentiary hearing before a district court judge or a family court referee. If the person accused of contempt fails to show up at the initial appearance, the magistrate can certify that to a district court judge and recommend an arrest warrant, though only the judge, never the magistrate, holds the power to issue one.
Frequently Asked Questions
How can the parties resolve a contempt matter by agreement?
They can put it on the record right at the initial appearance, or the county attorney can prepare a written order for every party to sign. Either way, the magistrate has to approve it, and it still is not final until a district court judge signs it.
Can a child support magistrate decide a contempt case?
Not on its own. Apart from the narrow exception in Rule 353.01, subd. 2, the magistrate refers a contested contempt matter to a district court judge or a family court referee for an evidentiary hearing rather than deciding it directly.
What if the parties cannot agree at the initial appearance?
The magistrate refers the case for an evidentiary hearing before a district court judge or a family court referee, since a child support magistrate does not resolve a contested contempt matter alone.
What happens if the alleged contemnor does not show up?
The magistrate can certify the absence to a district court judge and recommend that a warrant issue for that person’s arrest, though only the judge has the authority to sign a warrant.
Does this rule cover criminal contempt too?
No. This rule covers civil contempt only. Criminal contempt and evidentiary contempt hearings both stay outside the expedited process entirely, decided in district court instead.
Advisory Committee Comment – 2023 Amendments
Rule 374.03 is modified in 2023 to make clear that the matter is referred to the district court for an evidentiary hearing and not to court administration to schedule a hearing on a contested contempt proceeding.