Preview
32-FA-15-34
Filed in Fifth Judicial District Court
3/20/2017 12:36:45 PM
Jackson County, MN
State of Minnesota District Court
Jackson County Fifth Judicial District
Court File Number: 32-FA-15-34
Case Type: Paternity
Notice of
Filing of Order and
FILE COPY
Right to Review or Appeal
and Entry of Judgment
and Docketing of Judgment
State of Minnesota/County of Jackson, Angela Lynn May vs John Arland Kirst
You are hereby notified that on March 20, 2017 attached order was filed in the above-entitled matter.
X The order isfinal and effective as of the date itwas signed by the child support magistrate, referee, or
district court judge.
You are hereby notified that on the attached partial paternity order was filed in the above-entitled
matter. Only those issues permanently decided and/or agreed upon by the parties are final and effective as of
the date the partial paternity order was signed by the child support magistrate, referee, or district court judge.
You are hereby notified that on Judgment was duly entered in the above-entitled matter in the
amount of $ .
You are hereby notified that on Judgment was duly docketed in the above-entitled matter in the
amount of $ .
Notice of Rights Regarding Review and Appeal
You have a right to bring a Motion to Correct Clerical Mistakes, a Motion for Review, a Combined Motion,
or you may appeal the attached decision and order directly to the Court of Appeals. Except for appellate
procedures, instructions for each option are set forth below.
NOTE: Ifthe attached order is a partial paternity order, you have the right to bring a Motion to Correct
Clerical Mistakes on any part of the order. You may only bring a Motion for Review or an appeal on matters
where the decision by the court is final. Ifa matter is only temporarily decided, such as temporary child
support or temporary physical custody, you do not have the right to bring a Motion for Review or appeal.
Correction of Clerical Mistakes
Right to Request Correction of Clerical Mistakes: If you believe that the attached order has clerical
mistakes, typographical errors, or errors in mathematical calculations, you have a right to request that those
mistakes be corrected. You may obtain a form entitled “Motion to Correct Clerical Mistakes” from the Court
Administrator. The form includes step-by-step instructions for how to do each of the things listed below. If
you decide to ask the court to correct the mistake, you must do ALL of the following as soon as
possible after you discover the mistake (if you fail to complete a, b, and c as listed below, your request
will be denied):
a. Have a copy of the “Motion to Correct Clerical Mistakes” served on each of the other parties, including
the county attorney’s office, by U.S. mail, by personal service, or by electronic means. You cannot
serve the papers yourself but must have someone else over the age of 18 who is not a party to the case to
serve the papers;
b. File with the Court Administrator the original “Motion to Correct Clerical Mistakes”;
MNCIS-FAM-133 STATE Notice of Filing – Notice of Entry
CSX2005 Page 1 of 3 Rev 04/2016
32-FA-15-34
Filed in Fifth Judicial District Court
3/20/2017 12:36:45 PM
Jackson County, MN
c. File with the Court Administrator proof of service of the motion upon each of the other parties and the
county attorney’s office; and
d. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child
Support Process, complete a “Request for Transcript” form available from the Court Administrator
and file it with the court.
Right to Respond to Request to Correct Clerical Mistakes: If another party decides to ask the court to
correct clerical mistakes, you will receive a copy of that party’s “Motion to Correct Clerical Mistakes.” If
you receive a “Motion to Correct Clerical Mistakes”, you may, but are not required to, respond to the motion.
You may obtain a “Response to Motion to Correct Clerical Mistakes” form from the Court Administrator.
The form includes step-by-step instructions explaining how to do each of the things listed below. If you
decide to respond, you must do ALL of the following within ten (10) days of the date the other party
served you with the Motion to Correct Clerical Mistakes (if you fail to complete a, b, and c as listed below,
your response will not be considered):
a. Have a copy of the “Response to Motion to Correct Clerical Mistakes” served on each of the other
parties, including the county attorney’s office by U.S. mail, by personal service, or by electronic means.
You cannot serve the papers yourself but must have someone else over the age of 18 who is not a party
to the case serve the papers;
b. File with the Court Administrator to “Response to Motion to Correct Clerical Mistakes”;
c. File with the Court Administrator proof of service of the responsive motion upon the other parties,
including the county attorney’s office; and
d. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child
Support Process, complete a “Request for Transcript” form available from the Court Administrator and
file it with the court.
Review of Decision and Order
Right to Request Review of Decision and Order: If you believe that the attached decision and order is
incorrect, you have a right to request review of the decision and order. You may request the review to be
done either by the child support magistrate who issued the order or by a district court judge. You may obtain
a “Motion for Review” form from the Court Administrator that includes step-by-step instructions for how to
do each of the things listed below. If you decide to request a review, you must do ALL of the following
on or before the following date: April 12, 2017 (if you fail to complete a, b, c, and d as listed below by
this date, your request will be denied):
a. Have a copy of the “Motion for Review” served on the other parties, including the county attorney’s
office, by U.S. mail, by personal service, or by electronic means. You cannot serve the papers yourself
but must have someone else over the age of 18 who is not a party to the case to serve the papers;
b. File with the Court Administrator the original “Motion for Review”;
c. File with the Court Administrator proof of service of the motion;
d. Pay any filing fees to the Court Administrator; and
e. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child
Support Process, complete a “Request for Transcript” form available from the Court Administrator and
file it with the court.
Right to Respond to Request for Review: If another party decides to ask the court to review the
attached decision and order, you will receive a copy of that party’s “Motion for Review.” If you
receive a Motion for Review, you may, but are not required to, respond to that motion. If you
choose to respond, you may obtain a “Response to Motion for Review / Counter Motion” form from
the Court Administrator which includes step-by-step instructions for how to do each of the things
listed below. If you decide to respond, and you were PERSONALLY served or served by
ELECTRONIC MEANS with the Motion for Review, you must do ALL of the following listed
below on or before the following date: April 24, 2017.
If you decide to respond and you were served with the Motion for Review BY U.S. MAIL, you must do
ALL of the following on or before the following date: April 25, 2017.
MNCIS-FAM-133 STATE Notice of Filing – Notice of Entry
CSX2005 Page 2 of 3 Rev 04/2016
32-FA-15-34
Filed in Fifth Judicial District Court
3/20/2017 12:36:45 PM
Jackson County, MN
Note: If you fail to complete a, b, c, and d as listed below, your response may not be considered.
a. Have a copy of the “Response to Motion for Review / Counter Motion” served on the other parties,
including the county attorney’s office, by U.S. mail, by personal service, or by electronic means. You
cannot serve the papers yourself but must have someone else over the age of 18 who is not a party to the
case to serve the papers;
b. File with the Court Administrator the original “Response to Motion for Review / Counter Motion”;
c. File with the Court Administrator proof of service of the responsive motion;
d. Pay any filing fees to the Court Administrator; and
e. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child
Support Process, complete a “Request for Transcript” form available from the Court Administrator and
filed it with the court.
Combined Motion to Correct Clerical Mistakes and Review Order
If you intend to bring or respond to both a Motion to Correct Clerical Mistakes and a Motion for Review, the
combined motion must be brought by the date listed on page 2, under the Right to Review of Decision and
Order paragraph. You CANNOT bring the motions separately. You CANNOT bring first one motion and then
the other motion.
Submission of Additional Evidence and Appearance Before Court Not Allowed
If you bring or respond to any type of motion:
You CANNOT submit any new evidence or information unless the court grants your request to submit
additional evidence or information.
You DO NOT have a right to a new hearing, and you WILL NOT be allowed to appear before the court,
unless the court orders a new hearing.
Right to Appeal to Court of Appeals
You have a right to appeal the attached decision and order to the Court of Appeals. Any appeal
must be brought within sixty (60) days of the date this notice was served on you. If you fail to
bring your appeal within the sixty (60) days, the Court of Appeals will deny your appeal. The
sixty (60) days will stop running if a Motion to Correct Clerical Mistakes or a Motion for Review is
properly served and filed as required in this Notice.
Please Note: The Court Administrator does not have any appellate forms and cannot help you with
questions about the appeal process. You must contact the Court of Appeals and refer to the Rules of Civil
Appellate Procedure for answers to questions you may have about filing an appeal.
Pursuant to Rule 365.04 of the Expedited Child Support Process, a true and correct copy of this Notice has
been served by U.S. mail or by electronic means upon the county attorney and upon each party at the party’s
last known address or, if represented, upon the party’s attorney.
Dated: 3/20/2017 Connie Belgard
Court Administrator
Jackson County District Court
405 4th Street
Jackson MN 56143
507-847-4400
cc: Angela Lynn May
John A. Kirst
County of Jackson
MNCIS-FAM-133 STATE Notice of Filing – Notice of Entry
CSX2005 Page 3 of 3 Rev 04/2016
Preview
32-FA-15-34 Filed in Fifth Judicial District Court 3/20/2017 12:36:45 PM Jackson County, MN State of Minnesota District Court Jackson County Fifth Judicial District Court File Number: 32-FA-15-34 Case Type: Paternity Notice of Filing of Order and FILE COPY Right to Review or Appeal and Entry of Judgment and Docketing of Judgment State of Minnesota/County of Jackson, Angela Lynn May vs John Arland Kirst You are hereby notified that on March 20, 2017 attached order was filed in the above-entitled matter. X The order isfinal and effective as of the date itwas signed by the child support magistrate, referee, or district court judge. You are hereby notified that on the attached partial paternity order was filed in the above-entitled matter. Only those issues permanently decided and/or agreed upon by the parties are final and effective as of the date the partial paternity order was signed by the child support magistrate, referee, or district court judge. You are hereby notified that on Judgment was duly entered in the above-entitled matter in the amount of $ . You are hereby notified that on Judgment was duly docketed in the above-entitled matter in the amount of $ . Notice of Rights Regarding Review and Appeal You have a right to bring a Motion to Correct Clerical Mistakes, a Motion for Review, a Combined Motion, or you may appeal the attached decision and order directly to the Court of Appeals. Except for appellate procedures, instructions for each option are set forth below. NOTE: Ifthe attached order is a partial paternity order, you have the right to bring a Motion to Correct Clerical Mistakes on any part of the order. You may only bring a Motion for Review or an appeal on matters where the decision by the court is final. Ifa matter is only temporarily decided, such as temporary child support or temporary physical custody, you do not have the right to bring a Motion for Review or appeal. Correction of Clerical Mistakes Right to Request Correction of Clerical Mistakes: If you believe that the attached order has clerical mistakes, typographical errors, or errors in mathematical calculations, you have a right to request that those mistakes be corrected. You may obtain a form entitled “Motion to Correct Clerical Mistakes” from the Court Administrator. The form includes step-by-step instructions for how to do each of the things listed below. If you decide to ask the court to correct the mistake, you must do ALL of the following as soon as possible after you discover the mistake (if you fail to complete a, b, and c as listed below, your request will be denied): a. Have a copy of the “Motion to Correct Clerical Mistakes” served on each of the other parties, including the county attorney’s office, by U.S. mail, by personal service, or by electronic means. You cannot serve the papers yourself but must have someone else over the age of 18 who is not a party to the case to serve the papers; b. File with the Court Administrator the original “Motion to Correct Clerical Mistakes”; MNCIS-FAM-133 STATE Notice of Filing – Notice of Entry CSX2005 Page 1 of 3 Rev 04/2016 32-FA-15-34 Filed in Fifth Judicial District Court 3/20/2017 12:36:45 PM Jackson County, MN c. File with the Court Administrator proof of service of the motion upon each of the other parties and the county attorney’s office; and d. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child Support Process, complete a “Request for Transcript” form available from the Court Administrator and file it with the court. Right to Respond to Request to Correct Clerical Mistakes: If another party decides to ask the court to correct clerical mistakes, you will receive a copy of that party’s “Motion to Correct Clerical Mistakes.” If you receive a “Motion to Correct Clerical Mistakes”, you may, but are not required to, respond to the motion. You may obtain a “Response to Motion to Correct Clerical Mistakes” form from the Court Administrator. The form includes step-by-step instructions explaining how to do each of the things listed below. If you decide to respond, you must do ALL of the following within ten (10) days of the date the other party served you with the Motion to Correct Clerical Mistakes (if you fail to complete a, b, and c as listed below, your response will not be considered): a. Have a copy of the “Response to Motion to Correct Clerical Mistakes” served on each of the other parties, including the county attorney’s office by U.S. mail, by personal service, or by electronic means. You cannot serve the papers yourself but must have someone else over the age of 18 who is not a party to the case serve the papers; b. File with the Court Administrator to “Response to Motion to Correct Clerical Mistakes”; c. File with the Court Administrator proof of service of the responsive motion upon the other parties, including the county attorney’s office; and d. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child Support Process, complete a “Request for Transcript” form available from the Court Administrator and file it with the court. Review of Decision and Order Right to Request Review of Decision and Order: If you believe that the attached decision and order is incorrect, you have a right to request review of the decision and order. You may request the review to be done either by the child support magistrate who issued the order or by a district court judge. You may obtain a “Motion for Review” form from the Court Administrator that includes step-by-step instructions for how to do each of the things listed below. If you decide to request a review, you must do ALL of the following on or before the following date: April 12, 2017 (if you fail to complete a, b, c, and d as listed below by this date, your request will be denied): a. Have a copy of the “Motion for Review” served on the other parties, including the county attorney’s office, by U.S. mail, by personal service, or by electronic means. You cannot serve the papers yourself but must have someone else over the age of 18 who is not a party to the case to serve the papers; b. File with the Court Administrator the original “Motion for Review”; c. File with the Court Administrator proof of service of the motion; d. Pay any filing fees to the Court Administrator; and e. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child Support Process, complete a “Request for Transcript” form available from the Court Administrator and file it with the court. Right to Respond to Request for Review: If another party decides to ask the court to review the attached decision and order, you will receive a copy of that party’s “Motion for Review.” If you receive a Motion for Review, you may, but are not required to, respond to that motion. If you choose to respond, you may obtain a “Response to Motion for Review / Counter Motion” form from the Court Administrator which includes step-by-step instructions for how to do each of the things listed below. If you decide to respond, and you were PERSONALLY served or served by ELECTRONIC MEANS with the Motion for Review, you must do ALL of the following listed below on or before the following date: April 24, 2017. If you decide to respond and you were served with the Motion for Review BY U.S. MAIL, you must do ALL of the following on or before the following date: April 25, 2017. MNCIS-FAM-133 STATE Notice of Filing – Notice of Entry CSX2005 Page 2 of 3 Rev 04/2016 32-FA-15-34 Filed in Fifth Judicial District Court 3/20/2017 12:36:45 PM Jackson County, MN Note: If you fail to complete a, b, c, and d as listed below, your response may not be considered. a. Have a copy of the “Response to Motion for Review / Counter Motion” served on the other parties, including the county attorney’s office, by U.S. mail, by personal service, or by electronic means. You cannot serve the papers yourself but must have someone else over the age of 18 who is not a party to the case to serve the papers; b. File with the Court Administrator the original “Response to Motion for Review / Counter Motion”; c. File with the Court Administrator proof of service of the responsive motion; d. Pay any filing fees to the Court Administrator; and e. If you want to submit a transcript of the hearing as allowed under Rule 366 of the Expedited Child Support Process, complete a “Request for Transcript” form available from the Court Administrator and filed it with the court. Combined Motion to Correct Clerical Mistakes and Review Order If you intend to bring or respond to both a Motion to Correct Clerical Mistakes and a Motion for Review, the combined motion must be brought by the date listed on page 2, under the Right to Review of Decision and Order paragraph. You CANNOT bring the motions separately. You CANNOT bring first one motion and then the other motion. Submission of Additional Evidence and Appearance Before Court Not Allowed If you bring or respond to any type of motion: You CANNOT submit any new evidence or information unless the court grants your request to submit additional evidence or information. You DO NOT have a right to a new hearing, and you WILL NOT be allowed to appear before the court, unless the court orders a new hearing. Right to Appeal to Court of Appeals You have a right to appeal the attached decision and order to the Court of Appeals. Any appeal must be brought within sixty (60) days of the date this notice was served on you. If you fail to bring your appeal within the sixty (60) days, the Court of Appeals will deny your appeal. The sixty (60) days will stop running if a Motion to Correct Clerical Mistakes or a Motion for Review is properly served and filed as required in this Notice. Please Note: The Court Administrator does not have any appellate forms and cannot help you with questions about the appeal process. You must contact the Court of Appeals and refer to the Rules of Civil Appellate Procedure for answers to questions you may have about filing an appeal. Pursuant to Rule 365.04 of the Expedited Child Support Process, a true and correct copy of this Notice has been served by U.S. mail or by electronic means upon the county attorney and upon each party at the party’s last known address or, if represented, upon the party’s attorney. Dated: 3/20/2017 Connie Belgard Court Administrator Jackson County District Court 405 4th Street Jackson MN 56143 507-847-4400 cc: Angela Lynn May John A. Kirst County of Jackson MNCIS-FAM-133 STATE Notice of Filing – Notice of Entry CSX2005 Page 3 of 3 Rev 04/2016