Minnesota > Statewide > District Court > Child Support
Request To Remove Child Support Magistrate For Cause CSX-1802 - Minnesota
| 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 REQUEST TO REMOVE CHILD SUPPORT MAGISTRATE FOR CAUSE Who May Use This Form? A party who is asking the court 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 Make A Request To Remove? 1. Fill out the "Request to Remove" 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. 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. 4. Fill in the name and address of the parties that will receive a copy of your request. 5. You must explain to the court how the child support magistrate assigned to your case is prejudiced against you or one of the other parties to the case. 6. 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 1. 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. 2. 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 "Request to Remove Child Support Magistrate" along with the "Affidavit of Service" with the Court Administrator. Decision After the child support magistrate or judge reviews your request, an order will issue either granting or denying your request. If the child support magistrate denies your request to remove, 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. CSX1801 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 Request to Remove Child Support Magistrate For Cause Defendant / Respondent Intervenor TO: The Other Party or Attorney if Represented First Street Address City State Middle Last Apt. No. Zip County Attorney's Office County Attorney Street Address City State Zip Pursuant to Rule 368.02 of the Expedited Child Support Process, I, (Name of party) request the removal of (Name of Child Support Magistrate, Referee, or Judge) from presiding in these proceedings in the expedited child support process. The reason I request removal is as follows (you must explain why the Judicial Officer assigned to your case is prejudiced in presiding over your case): Dated: Signature (Sign only in presence of Notary or Court Deputy) Sworn / affirmed before me this day of , Print Name: Address: City/State/Zip: Telephone: ( Attorney for: ) Notary Public / Deputy Court Administrator CSX1802 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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