Fill and Sign the Mn Ex Parte Order Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF       JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, EX PARTE ORDER ALLOWING PETITIONER TO PROCEED AND IN FORMA PAUPERIS , Respondent, Defendant has moved this Court for an Ex Parte Order permitting the commencement of a Petitioner for a Writ of Prohibition in the above-entitled matter without prepayment of fees or costs. The Court finds, based upon the attached Affidavit, there are grounds to allow Defendant to precede In Forma Pauperis and this is not a frivolous matter. FINDINGS OF FACTS 1. That Defendant is a homemaker and does not have any salary or income. Defendant has no assets, however, she does have an interest in certain marital property that has not been divided by the Court. 2. That Defendant has been awarded $ _____ a month in temporary maintenance by the Family Court, which funds have been attached pursuant to an Order of the District Court dated __________________ , 20       and signed by Judge _______ . 3. That Defendant does not have the funds to hire an attorney and her appeal is not frivolous. - 1 - 4. That Defendant does not have the income or funds to pay the necessary filing fees nor the reasonable expense incurred in obtaining the record and reproducing her briefs as may be required. 5. That Defendant is restrained and enjoined, pursuant to Judge ______________________ 's Order of _____________ , 20       , from selling, transferring, conveying, mortgaging, disposing, or disbursing any real or personal property which may be awarded to her by the Family Court or that Defendant may otherwise in the future receive. NOW THEREFORE, IT IS ORDERED: 1. That Defendant is an indigent and cannot pay the necessary filing fees under Minn. R. Civ. App. P. 103.01 subd. 3. 2. That Defendant is unable to pay for the reasonable expenses incurred in obtaining the record and reproducing the brief and Defendant's Petitioner is not frivolous in nature. DATED: ______________ BY THE COURT: ______________ _____________________________ Judge of the District Court - 2 -