Fill and Sign the Mn Dismissal Form

TO: _____________ , Respondent above-named, and his attorney, _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ . YOU WILL PLEASE TAKE NOTICE that at a session of the above named court, to be held before The Honorable _____________ , _____________ of Family Court, in the _____________ Center, Room _____________ , _____________ , Minnesota, on _____________ , 20 __ , at _____________ _.M., or as soon thereafter as counsel may be heard, Petitioner will move the court for an Order as follows: GENERAL DENIAL AND DISMISSAL: 1 1 . Denying Respondent the relief prayed for in his Motion of _____. 2 2 . Dismissing Respondent's motion dated _____________ . CONTEMPT 1 3 . Adjudging Respondent in contempt of court for failure to abide by paragraph _____________ of the Judgment and Decree herein, concerning payment of _____________ to Petitioner. 2 4 . In the alternative, directing that judgment be entered in favor of Petitioner and against Respondent for the unpaid balance of the _____________ awarded pursuant to paragraph _____________ of the Judgment and Decree herein, together with interest accrued thereon, at the legal rate. 3 5 . Adjudging Respondent in contempt of court for failure to abide by paragraph _____________ of the Judgment and Decree herein concerning maintenance of medical and hospitalization insurance coverage for the benefit of the minor children of the parties. 4 6 . Directing that judgment be entered in favor of Petitioner and against Respondent in the amount of _____________ for medical and hospitalization insurance premiums Petitioner made because of Respondent's failure to maintain said insurance. 5 7 . Adjudging Respondent in contempt of court for failure to abide by paragraph - 1 - _____________ of the Judgment and Decree herein, dated _____________ . 6 8 . In the alternative, directing that judgment be entered in favor of Petitioner and against Respondent for unpaid child support, together with interest accrued thereon, at the legal rate. 7 9 . Adjudging Respondent in contempt of court for failure to abide by paragraph _____________ of the Judgment and Decree dated _____________ , concerning turning over to Petitioner her personal property. 8 10 . Adjudging Respondent in contempt of court for failure to abide by paragraph _____________ of the Judgment and Decree dated _____________ concerning nonpayment of child support. 9 11 . Adjudging Respondent in contempt of court for failure to abide by paragraph _____________ of the Judgment and Decree dated _____________ concerning Respondent's failure to provide health insurance for the benefit of the minor children of the parties. CUSTODY 1 12 . Granting to Petitioner the temporary legal and physical custody of the minor children of the parties, namely, to-wit: _____________ . 2 13 . Granting the legal and physical custody of the minor children of the parties to Petitioner or Respondent as the court may deem to be in the best interests of the minor children. 3 14 . Granting to Petitioner and Respondent the joint temporary legal and physical custody of the minor children of the parties. 15 . Granting to Petitioner temporary legal and physical custody of the minor children of the parties, subject to reasonable visitation by Respondent. VISITATION 1 16 . Granting to Respondent the right of reasonable visitation with the minor children of the parties. COURT SERVICES: - 2 - 1 17 . Directing that the Hennepin County Department of Court Services conduct a custody mediation or, in the alternative, an investigation to aid the court in determining which parent should have the permanent care, custody and control of the minor children of the parties. 2 18 . Directing that the Hennepin County Department of Court Services assist the parties hereto in scheduling and supervising visitation of the minor children and provide counseling to the parties. 3 19 . Requiring a complete financial investigation by the Hennepin County Department of Court Services of Respondent and an investigation by the Department of Court Services in conjunction with the appropriate agency in the county of residence of Respondent and his present spouse pursuant to Minnesota Statute Section 518.17. 4 20 . Ordering a complete custodial investigation by the Hennepin County Department of Court Services, Family Court Division, for the purpose of investigating the parties to aid the court in determining which parent should have the permanent legal and physical custody of the minor children of the parties. 5 21 . In the alternative to the above, ordering an evidentiary hearing and pending such hearing, the court should order the temporary custody of the minor children be in Petitioner. CHILD SUPPORT 1 22 . Directing that Respondent shall pay to Petitioner a reasonable sum of money as and for temporary child support. 2 23 . Ordering Respondent to pay to Petitioner as and for temporary support of the minor children such reasonable sums as the court may deem just and equitable. 3 24 . Directing that as and for child support Respondent is to pay the mortgage, interest and insurance payments monthly on the homestead of the parties. 4 25 . Reducing the _____________ per week child support payments ordered pursuant to the Order dated _____________ , because of Respondent's inability to meet said required payments. 5 26 . Directing that any support payments now in arrears be forgiven because of - 3 - Respondent's inability to pay the court-ordered support. 6 27 . Restraining Petitioner from garnishing Respondent or taking other collection procedures to collect on the judgment obtained by Petitioner for support arrearages. 7 28 . Directing that the Judgment and Decree of _____________ be amended to require an increase in child support. 8 29 . Directing that the Judgment and Decree herein be amended at paragraph _____________ to require all future child support payments to be payable through the Hennepin County Department of Court Services. GUARDIAN AD LITEM: 1 30 . Directing that a guardian ad litem be appointed by the court to represent the interests of the minor children of the parties. SPOUSAL MAINTENANCE: 1 31 . Awarding to Petitioner a reasonable sum of money as and for temporary spousal maintenance. 2 32 . Awarding to Petitioner a reasonable sum of money to be paid by Respondent as and for temporary spousal maintenance. 3 33 . Directing that the status quo concerning temporary spousal maintenance be maintained, i.e., _____________ per month payable on _____________ . 4 34 . Ordering Respondent to pay to Petitioner, as and for temporary spousal maintenance, such reasonable sums as the court may deem just and equitable. HOMESTEAD: 1 35 . Awarding to Petitioner the temporary use and possession of the homestead of the parties. 2 36 . Awarding to Petitioner the temporary and exclusive use and possession of the homestead of the parties located at _____________ , and all of the household goods, furnishings and equipment and all other personal property situated thereon and thereat. - 4 - 3 37 . Granting to Petitioner the temporary exclusive use and occupancy of the homestead of the parties located at _____________ , and the temporary, exclusive use and possession of the household goods, furnishings, and equipment located in and about the homestead. PERSONAL PROPERTY: 1 38 . Awarding to Petitioner the temporary use and possession of the _____________ automobile which she is presently driving. 2 39 . Awarding to Petitioner the temporary use and possession of the _____________ automobile, title to which is in the name of the Respondent. 3 40 . Awarding to Petitioner the temporary possession of the children's personal clothing and effects, including furniture and toys. 4 41 . Awarding to Petitioner the use and possession of the household goods of the parties and restraining Respondent from removing any of these items from the possession of Petitioner. 5 42 . Awarding to Petitioner the temporary use and possession of the _____________ automobile, her clothing and personal effects and a reasonable portion of the other personal property to include, but not to be limited to, household goods, furnishings and equipment to enable Petitioner to furnish an apartment. 6 43 . Granting to Petitioner the temporary exclusive use and possession of the _____________ automobile of the parties, and requiring Respondent to pay the encumbrance thereon. 7 44 . Requiring Respondent to provide verification that he is maintaining the savings bond which were in existence as of the entry of the Judgment and Decree herein, for the benefit of the minor children of the parties, pursuant to term _____________ of said Judgment and Decree. INDEBTEDNESS: 1 45 . Requiring Respondent to contribute a reasonable sum of money to pay on the joint and several indebtedness of the parties. 2 46 . Requiring Respondent to pay all bills and obligations incurred by Petitioner to the - 5 - date of the hearing on Petitioner's Motion for Temporary Relief. 3 47 . Ordering Respondent to assume and pay, and hold Petitioner harmless from, the existing indebtedness of the parties, including any arrearage in mortgage payments or utilities for the homestead. INSURANCE: 1 48 . Requiring Respondent to maintain in full force and effect, without change of amounts or beneficiaries and/or insureds, all insurance presently being maintained by Respondent, including, but not limited to, all insurance covering all real and personal property, all automobiles, and all life, medical and hospitalization insurance. LIQUIDATION OR CONTROL OF ASSETS: 1 49 . Awarding to Petitioner the temporary control of the _____________ with the authority to sell the same for its fair market value, using the proceeds to meet the necessary expenses of _____________ . 2 50 . Awarding to Petitioner temporary possession and control of the monetary assets of the parties, including, but not limited to, stocks, savings accounts, checking accounts, savings certificates, etc. 3 51 . Granting that Petitioner may liquidate the following items for the purpose of paying 20__ income taxes in the approximate amount of _____________ : _____________ . RESTRAINING ORDER: 1 52 . Continuing in full force and effect during the pendency of this proceeding the applicable portions of the Restraining Order entered on _____________ . 2 53 . Directing that Respondent shall not harass, molest or in any way interfere with Petitioner. 3 54 . Restraining Respondent from obtaining credit in the name of Petitioner. 4 55 . Restraining and enjoining each party (1) from removing any of the household goods, furnishings and equipment or other personal property located in or at the homestead; (b) - 6 - from in any way or manner abusing, molesting, interfering with or disparaging the other party; and (c) from selling, assigning, disposing of, concealing, pledging, encumbering or in any other manner divesting either party of any of the parties' assets of any nature, during the pendency of the above proceeding and until further Order of the above court. ATTORNEY'S FEES: 1 56 . Awarding to Petitioner a reasonable sum of money as and for attorney's fees and costs incurred in responding to Respondent's Motion. 2 57 . Directing that the matter of attorney's fees and costs be reserved until trial of this matter. 3 58 . Awarding to Petitioner a reasonable sum of money to be applied to her attorney's fees and costs to enable Petitioner to maintain this dissolution proceeding. 4 59 . Awarding to Petitioner a reasonable sum of money as and for her attorney's fees and costs incurred in bringing this motion. ACCELERATING OR ADVANCING FOR TRIAL 1 60 . Directing that the trial of this matter be accelerated to the first available date. 2 61 . Advancing the above-captioned proceeding for the earliest practical trial date, for an afternoon certain. MODIFICATION OF ORDER: 1 62 . Directing that term _____________ of the Court's Order for Temporary Relief dated _____________ be modified to delete the provisions that: _____________ FAILURE TO PROVIDE ANSWERS TO INTERROGATORIES: 1 63 . Directing that the Answer and Counter-Petition of Respondent therein be stricken from the court record and that Petitioner be allowed to proceed in this matter by default as the result of Respondent's failure to submit responsible Answers to Interrogatories and a Reply to the Request for Production of Documents which were served on _____________ . 2 64 . In the alternative, directing that Respondent be compelled to provide to Petitioner - 7 - responsive Answers to Petitioner's Interrogatories and Request for Production of Documents which were served on _____________ , within five (5) days after service of the court's Order upon him, or be found in contempt of court, together with other sanctions permitted under Rule 37. AMENDING JUDGMENT AND DECREE: 1 65 . Amending paragraph _____________ of the Judgment and Decree entered by the above court on _____________ , in the above-captioned proceeding to grant the legal and physical custody of the minor children to Petitioner. 2 66 . Amending paragraph _____________ of the Judgment and Decree entered by the court on _____________ , in the above-captioned proceeding, directing Respondent to pay to Petitioner a reasonable sum of money as and for support of said minor children. 3 67 . Directing that the Judgment and Decree dated _____________ be amended at paragraph _____________ to read as follows: _____________ pursuant to Rule 60.02(1), (3) and (6) and applicable law. 4 68 . Directing that the Judgment and Decree dated _____________ be amended at paragraph _____________ as follows: _____________ STAY AND NEW TRIAL: 1 69 . Granting a Stay of terms _____________ and _____________ of the Judgment and Decree dated _____________ , pending further determination by the court, pursuant to Rule 62. 2 70 . In the alternative, granting a new trial of the maintenance and property issues pursuant to Rule 59. CONCLUSION: 1 71 . Granting to Petitioner such other and further relief as the court may deem just and equitable in the circumstances. Said Motion will be made upon the attached Affidavit of _____________ , all of the files, records and proceedings herein, and the statutes of the State of Minnesota. Petitioner requests the right pursuant to Minnesota Statute Sections 518.131, Subd. 8, to - 8 - introduce oral testimony, in supplementation of the Affidavits herein as may be necessary. 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. Dated: ______________ __________________ Attorney for (Address) (Addres) (City, State, Zip) (Phone Number) (Attorney Reg. No.:) ACKNOWLEDGEMENT MINN. STAT. SEC. 549.21 The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. Sec. 549.21, subd. 2, to the party against whom the allegations in this pleading are asserted, if this party or his or her attorney acted in bad faith; asserted a claim or defense that is frivolous and that is costly to the 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 for - 9 - (Address) (Address) (City, State, Zip) (Telephone Number) - 10 -