Minnesota Ex Parte Motion and Order Removing All Referees
Overview of this form
The Ex Parte Motion and Order Removing All Referees is a legal document used in family court proceedings, specifically in dissolution cases. This form allows a party to formally object to the appointment of a referee for hearings related to their dissolution case. By filing this motion, the party ensures that future hearings will be presided over by a district court judge instead of a referee, providing a more standard judicial process in cases involving complex family law issues.
Key components of this form
- Case caption including court and case information
- Motion to remove referees with statutory references
- Order of the court directing future hearings be assigned to a district court judge
- Affidavit of counsel supporting the motion
- Signature lines for attorneys representing both parties
Common use cases
This form is used when a party in a dissolution proceeding believes that the involvement of a referee could be detrimental to their case. Situations may include concerns over impartiality or a preference for a judge's ruling on critical matters such as custody, property division, or spousal support. Submitting this motion promptly after learning about the referee assignment is crucial to ensure that the party's rights are respected in the ongoing proceedings.
Who should use this form
- Respondents or petitioners involved in a dissolution proceeding
- Attorneys representing parties in family court disputes
- Individuals who wish to contest the assignment of a referee for their case
Instructions for completing this form
- Enter the case caption, including the court's name, county, judicial district, and court file number.
- Fill out the names of the petitioner and respondent, indicating their respective roles.
- Complete the motion section by clearly stating the objection to the referee assignment and the relief sought.
- Include the Affidavit of Counsel, detailing the grounds for the objection and the attorney's relationship to the case.
- Secure necessary signatures from both attorneys and include their contact information.
Notarization guidance
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to file the motion promptly after learning about the referee assignment
- Not including required signatures from both partiesâ attorneys
- Omitting the case number or court information, which can delay processing
Advantages of online completion
- Convenient access to downloadable templates, saving time
- Editability allows users to customize the form to specific circumstances
- Reliability of attorney-drafted forms ensures compliance with local regulations
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FAQ
What Is an Ex Parte Order? An ex parte order is one that is made without the other party being made aware of it. They often provide instant relief, albeit on a temporary basis. They are issued when immediate relief is needed and when scheduling a regular hearing and providing notice to the other party is not feasible.
What Happens After the Judge Reviews the Ex Parte Motion? The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Because the other party was not present, the order is only temporary.
The court may grant ex parte relief without notice to the opposing party. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party.
You can apply for an OFP for a child in your family or household. If you are worried about abuse of an adult in someone else's family or household, call Minnesota Adult Abuse Report Center at (844) 880-1574.
In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
You can contact the state or district attorney or inform the police that you wish to apply for an order of protection. You can also go to the county in which you or your abuser resides, and ask the court clerk for "Order of Protection" forms, which must be filled out.
An order that is issued ex parte means that it is issued without prior notice to the other parent, based only on your affidavit/testimony. If the judge issues an emergency ex parte order, the judge will schedule a hearing within 14 days2 and the respondent but be served at least 5 days before that hearing.
After the ex parte decree is set aside, the suit is again restored to file and parties are demoted to the position they held before the non-presence of the opposite party, and the court will take action with the suit de novo and determine on merits.
