Free State of Minnesota - Minnesota

Instructions for Completing Notice of Motion and Motion to Intervene
General Information · Court personnel cannot help you fill out these forms. · You may wish to speak with a lawyer if you do not know how to answer the questions on these forms. · You must fill out both forms included with this packet and you must follow the instructions included with this packet. · Type your answers or print neatly using dark ink.

Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.

Who May Intervene as a Matter of Right (Automatically)
Certain people have an automatic right to intervene as a party in a child protection case. Unless an existing party objects, the people listed below will be granted party status simply by providing notice of intervention to the court and other parties: · The child, regardless of your age, who is the subject of the juvenile protection matter. · The birth or adoptive parent of the child who is the subject of the juvenile protection matter. · The grandparent of the child who is the subject of the juvenile protection matter and the child lived with you at any time during the two years prior to the filing of the petition in this matter · The Social Services Agency (if not the petitioner)

Who May Intervene Only if the Court Grants Permission
Individuals not listed above do not have an automatic right to intervene as a party. Instead, such individuals must ask the Court's permission to intervene. Existing parties to the case have a right to object to such intervention. Use the forms in this packet to ask the Court's permission to intervene as a party.

What You Must Do to Ask Permission to Intervene
A. Contact the Court Administrator's Office in the county where your case is located. 1. Tell the Court Administrator that you will be filing a "Motion to Intervene" in a child protection case and that you need a date, time, room number, and address for a hearing. The hearing date must be at least 8 days before the date you plan to mail or deliver the documents to the other parties. 2. Also ask the court administrator for a list of the names and addresses of all parties, participants, and attorneys involved in the case so that you can notify them of the date, time, and location of the hearing.

CHP401

State

ENG

Rev 3/08-D

www.courts.state.mn.us/forms

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B. Fill out the Attached "Notice of Motion and Motion to Intervene" Form 1. On the top part of the attached "Notice of Motion and Motion to Intervene" form, print the county name, judicial district number, court file number, and the case caption title where indicated. This information is on the Notice you received from the Court. 2. Using the information you received from the Court Administrator, on the "Notice of Motion and Motion to Intervene" form fill in the date, time, and address where the hearing will take place. 3. On question 1 on the "Notice of Motion and Motion to Intervene" form, print your name and mailing address. 4. On question 2, explain your relationship to the child(ren) such as foster parent, relative, school district, family friend, or other relationship. 5. On question 3, explain why you wish to intervene as a party and why your intervention is in the best interests of the child(ren). 6. Sign your name and print your mailing address. C. Make Copies of the completed "Notice of Motion and Motion to Intervene" form 1. Make copies of the completed and signed "Notice of Motion and Motion to Intervene" form. Make enough copies for each party, participant, and attorney, as well as one copy for you to keep. 2. For each party, participant, and attorney, prepare an envelope with the person's name and mailing address on it, and put one copy of the completed and signed "Notice of Motion and Motion to Intervene" form in each envelope.

D. Serve the completed "Notice of Motion and Motion to Intervene" form upon the parties, participants, and attorneys. 1. At least 5 days before the date of the hearing, have someone else who is at least 18 years of age and who is not a party to the case hand deliver the envelopes to each of the parties, participants and attorneys. You cannot hand deliver the envelopes. OR At least 8 days before the date of the hearing, have someone else who is at least 18 years of age and who is not a party to the case place the envelopes in the mail. You cannot mail the envelopes. 2. Keep one copy of the completed "Notice of Motion and Motion to Intervene" form for your files and bring it with you to the hearing.

CHP401

State

ENG

Rev 3/08-D

www.courts.state.mn.us/forms

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E. Complete the "Affidavit of Service" form. 1. Have the person who hand delivered or mailed the envelopes to the parties, participants, and attorneys fill out the "Affidavit of Service" form included with this packet. They must list the name and address of each person who received an envelope. That person must sign the form, but can sign it only in front of the court administrator or a notary public (who can be found at banks). 2. Make one copy of the completed and signed "Affidavit of Service" form and keep it for your files. F. File the Notice of Motion and Motion to Intervene and the Affidavit of Service with the Court Administrator 1. At least 5 days before the date of the hearing, hand deliver the original completed "Notice of Motion and Motion to Intervene" form and the original "Affidavit of Service" form to the court administrator. OR At least 8 days before the date of hearing, mail the original completed "Notice of Motion and Motion to Intervene" form and the original "Affidavit of Service" form in an enveloped addressed to the court administrator. 2. You must be prepared to pay any court fee, if applicable, at the time of filing. If you cannot afford to pay the fee, you may qualify to have the filing fee waived by the court. You will need to fill out an In Forma Pauperis application (available from the Court Administrator) and file it with the Court Administrator. Your application will be reviewed by a judge who will decide whether you must pay the fees. If the judge does not sign an order that waives the fees, you must be prepared to pay the fee or the clerk cannot accept your forms.

G. Attend the Hearing.
1. Attend the hearing. 2. Bring copies of your papers with you to the hearing 3. Come prepared to explain why you should be permitted to become a party.

CHP401

State

ENG

Rev 3/08-D

www.courts.state.mn.us/forms

Page 3 of 3