Motion for Amended Findings or a new trial in Minnesota

After a Divorce Decree is entered by the Court, either party has the option of either filing an Appeal with the Court of Appeals or bringing a Motion for Amended Findings. A Motion for Amended Findings attempts to change the Court’s underlying Order by presenting legal arguments and facts to the Court which inform the Court why its Findings and consequently, its resulting Order was erroneous.  A Motion for Amended Findings is brought before the very same Judge who heard the case, listened to the evidence and entered the Order.  An appropriate motion must inform the Court of the precise Findings of Fact being challenged and must also inform the Court about  what the Court should issue in the form of revised Findings of Fact.  In other words, it is not enough to inform the Court about the errors (what the Court did wrong), the Court must also be informed of the remedy (what the Court should have done). There are strict procedural and time requirements to bring a Motion for Amended Findings or a Motion for a New Trial.  For example, a proper Motion for Amended Findings must be served and filed within thirty (30) days of the date of the Divorce Decree and must be heard by the Judge within sixty (60) days of the date of the Divorce Decree. If your case involves a Motion for Amended Findings or a Motion for a New Trial, contact our Minnesota Divorce Attorneys for a free consultation.

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