Fill and Sign the Bad Faith Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, NOTICE OF MOTION AND MOTION FOR RELIEF AND , Respondent, TO: ________________________________ YOU WILL PLEASE TAKE NOTICE that at a hearing to be held before a Judge of the above-named Court, in the Dakota County Courthouse, located at _____________ on the _____________ day of _____________ , 20 __ , at _____________ in the _____________ noon or as soon thereafter as counsel may be heard, the Petitioner/Respondent will move the Court for an Order as follows: 2. Awarding Attorneys fees in the amount of $ _____________ necessarily incurred in bringing this motion (pursuant to M.S. 549.21 on the basis that the Petitioner/Respondent actions were in bad faith and for the purpose of harassing the Petitioner/Respondent ). For such other and further relief as the Court may deem just and equitable. Said motion will be made upon all the files, records and proceedings herein, upon the grounds set forth in the statutes of the State of Minnesota, and upon the _____________ All responsive pleadings shall be served and mailed to or filed with the court administrator no later than five days prior to the scheduled hearing. The court may, in its discretion, disregard any responsive pleadings served or filed with the court administrator less than five days prior to such hearing in ruling on the motion or matter in question. - 1 - DATED: ______________________ ________________________________ BY: _______________ Attorney for Petitioner/Respondent (Address) (Address) (City, State, Zip) (Telephone Number) (Attorney Reg. No.:) Petitioner/Respondent's Name , the Petitioner/Respondent above-named, through his/her attorney, _____________ , hereby acknowledges that, pursuant to Minnesota Statute Section 549.21, subdivisions 1 and 2, costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party in this litigation if the Court should find that the Petitioner/Respondent acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass, or committed a fraud upon the Court. DATED: ________________________ ______________________________________ Attorney's Name Attorney for Petitioner/Respondent (Address) (Address) (City, State, Zip) (Telephone Number) (Attorney Reg. No.:) - 2 -