Minnesota > Statewide > District Court > Child Support
Response To Request To Remove Child Support Magistrate For Cause CSX-1902 - Minnesota
| Response To Request To Remove Child Support Magistrate For Cause Form. This is a Minnesota form and can be used in Child Support District Court Statewide . |
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EXPEDITED CHILD SUPPORT PROCESS INSTRUCTIONS FOR RESPONSE TO REQUEST TO REMOVE CHILD SUPPORT MAGISTRATE FOR CAUSE Who May Use This Form? A party who is responding to a request to remove a child support magistrate assigned to hear a child support matter scheduled in the Expedited Child Support Process may use this form. The request to remove a child support magistrate must be based on a showing of prejudice. There is no automatic right to remove a child support magistrate. How Do I Respond to A Request To Remove? 1. Fill out the "Response to Request to Remove Child Support Magistrate" form completely. Type your answers or print neatly using dark ink. Court personnel, the county attorney's office, and the child support office cannot help you fill out this form. 2. Fill in the information at the top of the form. This information can be found at the top of your current child support order or your divorce or paternity decree, including the county name, the court file number, and the names of all the parties. 3. Copy the names of the parties in the exact same order as they appear on your current child support order or your divorce or paternity decree. If you are the Petitioner/Plaintiff in the current order or decree you will be the Petitioner/Plaintiff in this request. If you are the Respondent/Defendant in the current order or decree you will be the Respondent/Defendant in this request. Fill in the name and address of the parties that will receive a copy of your response. You must explain to the court how the child support magistrate assigned to your case is prejudiced or is not prejudiced against you or one of the other parties to the case. Print your name and address on the form. Only date and sign your request when you are in front of a Notary Public or the court clerk. Make sure to bring picture identification to show to the Notary Public or clerk. Service You must arrange for the other party and the county attorney's office to receive a copy of the completed "Request to Remove" form. This is called "service of process". A copy of the request must be served on all parties, either personally or by mail. Personal service means the documents are hand delivered to the other party personally or leaving the document at that party's place of residence with some person who is 18 years or older who also lives at the same residence. If the other party is represented by an attorney, the document must be served on the attorney instead of the party. YOU CANNOT SERVE THE DOCUMENT YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE DOCUMENT FOR YOU. The person who serves the document must complete and sign the "Affidavit of Service". You will need to make additional copies of the blank "Affidavit of Service" form. The person who hand delivers or mails the document must sign the "Affidavit of Service" in front of a Notary Public or the Court Administrator. Make sure the person brings picture identification to show the Notary Public or clerk. File the Forms After the parties have been served, you must file the original response along with the "Affidavit of Service" with the Court Administrator. Decision After the child support magistrate or judge reviews your response, an order will issue either granting or denying the request. If you want to contest the child support magistrate's decision, you may file a written request for review by the chief judge. The chief judge will review your request to see if any prejudice does exist that will allow the removal of the child support magistrate. CSX1901 State ENG Rev 8/05-D www.courts.state.mn.us/forms Page 1 of 1 American LegalNet, Inc. www.FormsWorkflow.com State of Minnesota County District Court Judicial District: Court File Number: Case Type: In Re the Marriage of: Plaintiff / Petitioner vs / and Response to Request to Remove Child Support Magistrate For Cause Defendant / Respondent Intervenor Notice Other Party: Name Street Address City, State, Zip County Attorney's Office: Name of County Attorney Street Address City, State, Zip (Name of party) Pursuant to Expedited Child Support Process Rule 368.02, I, AGREE DISAGREE with the moving party's request to remove (Name of Child Support Magistrate, Referee, or Judge) from presiding in these proceedings in the expedited child support process. The reason I agree / disagree with the removal is as follows (you must explain why the Judicial Officer assigned to your case is prejudiced or is not prejudiced in presiding over your case): Dated: Sworn / affirmed before me this day of , Signature (Sign only in presence of Notary or Court Deputy) Print Name: Address: City/State/Zip: Telephone: ( Notary Public / Deputy Court Administrator Attorney for: ) CSX1902 State ENG Rev 8/05-D www.courts.state.mn.us/forms Page 1 of 1 American LegalNet, Inc. www.FormsWorkflow.com
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