Details for SUMMONSSTATE OF MINNESOTA,COUNTY OF OLMSTED,DISTRICT COURT,FAMILY DIVISION,THIRD JUDICIAL
STATE OF MINNESOTA,
COUNTY OF OLMSTED,
THIRD JUDICIAL DISTRICT
In Re the Custody of:Court File No. Not Yet Assigned
R.T.M., DOB: 04/06/2018Case Type: Custody
Michael Allen Holmes,Petitioner,
Markeshia Marie McDonald,
TO THE ABOVE-NAMED RESPONDENT:
1. YOU ARE BEING SUED. A lawsuit has been filed against you concerning custody or parenting time of your minor child. A copy of the paperwork regarding the lawsuit is served on you with this summons. Do not throw these papers away. They are official papers that affect your rights. Read this summons carefully. If you do not understand it, contact an attorney for legal advice. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on the summons.
2. YOU MUST RESPOND WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must serve upon Petitioner through the below-signed counsel and file with the court a written Answer to the Petition. If Petitioner is requesting child support, you must file a Financial Affidavit along with your Answer. You must pay the required filing fee. If you cannot afford to pay the filing fee, you may qualify to have the filing fee waived by the court. You must file an In Forma Pauperis application with the court and a judge will decide whether you must pay the fee. All court forms are available from the Court Administrator’s office and on the Court’s website at www.mncourts.gov/forms. You must serve your Answer and Financial Affidavit upon Petitioner within twenty (20) days of the date you were served with this Summons, not counting the day of service. If you do not serve and file your Answer and Financial Affidavit, the court may grant Petitioner everything he or she is asking for in the attached Petition.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Petitioner’s Petition. In your Answer you must state whether you agree or disagree with each paragraph of the Petition. If you believe the Plaintiff should not be given everything asked for in the Petition, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Petitioner everything asked for in the Petition. If you do not want to contest the claims stated in the Petition, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Petition without further notice to you.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Petition even if you expect to use alternative means of resolving this dispute. Alternative dispute resolution includes mediation, arbitration, and other processes as set forth in the District Court Rules. You may contact the Court Administrator about resources in your area. If you cannot pay for mediation or alternative dispute resolution, in some counties, assistance may be available to you through a non-profit provider or a court program. If you are a victim of domestic abuse or threats of abuse as defined in Minnesota Statutes, Chapter 518B, you are not required to try mediation and you will not be penalized by the court in later proceedings.
NOTICE OF PARENT
Under Minnesota Statutes, Section 518.157, in a contested proceeding involving custody or parenting time of a minor child, the parties must begin participation in a parent education program that meets minimum standards promulgated by the Minnesota Supreme Court within 30 days after the first filing with the court. In some districts, parenting education may be required in all custody or parenting proceedings. You may contact the District Court Administrator for additional information regarding this requirement and the availability of parent education programs.
IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU MAY BE SUBJECT TO SANCTIONS BY THE COURT.
Dated: April 18, 2019 LEGAL ASSISTANCE OF OLMSTED COUNTY
Richard T. Wright
Attorney ID No. 0330449
Attorney for Petitioner
1700 North Broadway, Suite 124
Rochester, Minnesota 55906
Telephone: (507) 287-2036
(10/10, 10/17, 10/24)
As published in the Rochester Post Bulletin