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Inactive Status (Divorce)
Sometimes during the divorce proceedings, parties may decide they would like to attempt to reconcile or put proceedings on hold, but do not wish to dismiss the divorce case altogether. The Court’s equivalent of this is “inactive status.” Parties may prefer to put the case on inactive status rather than dismiss it because if matter is dismissed and the reconciliation subsequently fails, then the parties would have to start over again from square one, with each drafting new pleadings and paying new case filing fees, etc.
During “Inactive Status” all court proceedings and litigation is suspended for a designated period of time (up to one year). The case can easily be reactivated by either party at any time. Or it can be ultimately dismissed. Once a case has been on inactive status for a year, the case will automatically be closed by the Court.
See example of a stipulation to put a case on inactive status: Stip for Inactive Status
Other idea of general language to be used:
WHEREAS, the above-entitled matter was commenced by service of a Summons and Petition upon Respondent on [DATE];
WHEREAS, the parties have since then agreed to make further efforts in exploration of the possibility of reconciliation, and to place these proceedings on inactive status while they do so;
WHEREFORE, the parties hereby stipulate to entry of the following Order:
Stipulated Order to Transfer Case to Inactive Status
1. The above-entitled matter is placed in inactive status until [insert date up to 1 year away].
2. No motion activity, court hearings, formal discovery, or other litigation in this case may take place during inactive status.
3. Either party may at any time have this matter removed from inactive status and placed back on the active calendar, by submitting a letter request and proposed order for same to the Court.
4. If not sooner activated by election of a party as provided above, this matter will be automatically dismissed without prejudice on [insert date up to 1 year away].
Rule 304.06Continuances
(a)Trial.
Minn. Gen. R. Prac. 122 governs continuances for trial settings unless the court directs otherwise.
(b)Motions and Pretrial.
A request for a continuance of a motion or pretrial conference shall be in writing and set forth the basis for the request.
(Added effective May 1, 2012.)
Advisory Committee Comment – 1996 Amendment
This rule is new. It is patterned after the similar new Minn. Gen. R. Prac. 111. The Task Force believes that the scheduling information and procedures in family court and other civil matters should be made as uniform as possible, consistent with the special needs in family court matters. It is amended in 1996 to include information needed for using alternative dispute resolution in family law matters as required by Minn. Gen. R. Prac. 301.01, also as amended in 1996. These amendments follow the form of similar provisions in Minn. Gen. R. Prac. 111, and should be interpreted in the same manner.
Matters not scheduled under the procedures of this rule are scheduled by motion practice under Minn. Gen. R. Prac. 303.
Rule 304.02 now provides a definite time by which informational statements are required, even if a temporary hearing is contemplated and postponed. Under the prior version of the rule, informational statements might never be due because a temporary hearing might be repeatedly postponed. If the parties seek to have a case excluded from the court scheduling process, they may do so by stipulating to having the case placed on “Inactive Status.” This stipulation can be revoked by either party, but removes the case from active court calendar management for up to one year. See Minnesota Conference of Chief Judges (See Exhibit A), Resolution Relating to the Adoption of Uniform Local Rules, Jan. 25, 1991.
This rule provides for a separate Form 9B for use by unrepresented parties. This form contains additional information useful to the court in managing cases where one or both parties are not represented by an attorney. This form is updated in 1996 to request information about any history or claims of domestic abuse and the views of the parties on the use (or potential use) of alternative dispute resolution in the same manner as Form 9A for represented parties.