Scheduling Statement

A scheduling statement is required by Minn. Rule 304.02 in all family law cases.  It is due within 60 days of filing unless otherwise ordered:

Use the scheduling statement template on MyCase ( FAM – Scheduling Statement  )

There is not a specific science to this and a lot of it is making up dates.

1. All parties served: should always be yes
2. Parties jointed in filing form:  generally is no (we rarely file joint scheduling statements
3. In agreement: this should be no. If the parties are in agreement on everything, you should be using the default scheduling statement located in mycase templates

4a. Joint Children: Self Explanatory

4b. Custody Dispute: If Yes, indicate if there is a disagreement on legal custody, physical custody, or both

4c. Parenting Time Dispute: If  Yes, indicate “Parties do not agree on a parenting time schedule”

4d. Marital Property: If Yes, indicate “Parties do not agree on distribution of marital property” You can provide a couple specifics if there are big issues

4e.  Non-Marital Property: If Yes, indicate “Parties do not agree on non-marital determinations and calculations, specifically as it related to (property, account, whatever it is). Basis for the claim and requested disposition are still being determined.

4f. Complex Evaluation Issues: If there is any thought that experts or appraisals may be used, then check Yes. If super simple with no chance of that, pick No.

5. Discovery: Simple cases – 3 months // Complex cases – 6 months

5a. Factual Deposition: Super rare, almost always check no unless attorney has indicated otherwise.

5b. Medical / Vocational Evaluations: Also fairly rare and usually only in situations where there is an argument that one party could be working more or making more money and there has been discussion about having that party be evaluated. If so, check Yes and then put “Evaluations may be necessary, provider not yet determined”

5c Experts: Generally, check yes and say “experts are still being determined”

6. – START WITH TRIAL DATE (6g) and work backwards

6a. Select a date approximately 4-5 months before date of trial for bringing motion regarding: “temporary relief”

6b. Select a date approximately 2 months before date of trial

6c. Select a date approximately 1 month before date of trial

6d. Select a date approximately 2 months prior to the date of trial

6e: Select a date 3 weeks prior to the trial date you selected as a deadline “for submitting exhibit list and witness list to the court”

6f: Select a date 2 weeks prior to the trial date you selected

6g: About 6 months from today’s date (unless it is a complex case that will likely require business valuations or custody evaluations, then do about 9 months from today’s date)

7. Estimated time will depend on case. Standard case is 1 day, custody divorce is probably 2, custody and financially complex divorce is probably 3

8a. Meeting: Pick a day that the attorneys emailed or a day that a letter was sent from one attorney to the other

8b. ADR Process: Select the option that most closely indicates what has been agreed to. If ADR hasn’t been discussed, then under the first “Other” I would write “counsel have not specifically discussed ADR, but (Our Attorney) is open to (type of ADR).

8c. Provider: Select the appropriate option. If this hasn’t been discussed or established, then change the last line to “(attorney name) agrees to work with (OPA) to select an ADR neutral on or before: (30 days out)

8d. Deadline: Pick a date approximately 3-4 months out.