ORDER PROMULGATING CORRECTIVE AMENDMENTS TO THE RULES OF CIVIL PROCEDURE AND GENERAL RULES OF PRACTICE RELATING TO THE CIVIL JUSTICE REFORM TASK FORCE.
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STATE OF MINNESOTA IN SUPREME COURT ADM10-8051 ADM09-8009 ADM04-8001 ORDER PROMULGATING CORRECTIVE AMENDMENTS TO THE RULES OF CIVIL PROCEDURE AND GENERAL RULES OF PRACTICE RELATING TO THE CIVIL JUSTICE REFORM TASK FORCE ORDER The attached corrective amendments to the Rules of Civil Procedure and the General Rules of Practice for the District Courts be, and the same are, prescribed and promulgated to be effective July 1, 2013. Dated: February 12, 2013 BY THE COURT: /s/ Lorie S. Gildea Chief Justice 1 1 MINNESOTA RULES OF CIVIL PROCEDURE 2 3 4 [NOTE: In the following amendments, deletions are indicated by a line drawn through the words and additions are indicated by a line drawn under the words.] 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RULE 3. COMMENCEMENT OF THE ACTION; SERVICE OF THE COMPLAINT; FILING OF THE ACTION Rule 3.01 Commencement of the Action A civil action is commenced against each defendant: (a) when the summons is served upon that defendant, or (b) at the date of acknowledgement of service if service is made by mail, or (c) when the summons is delivered to the sheriff in the county where the defendant resides for service; but such delivery shall be ineffectual unless within 60 days thereafter the summons is actually served on that defendant or the first publication thereof is made. Filing requirements are set forth in Rule 5.04, which requires filing with the court within one year after commencement for non-family cases. * * * 25 26 27 RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS * * * 28 Rule 5.04 Filing; Certificate of Service 29 30 31 32 Any action that is not filed with the court within one year of commencement against any party is deemed dismissed with prejudice against all parties unless the parties within that year sign a stipulation to extend the filing period. This paragraph does not apply to family cases governed by rules 301 to 378 of the General Rules of Practice for the District Courts. 33 34 All documents after the complaint required to be served upon a party, together with a certificate of service, shall be filed with the court within a reasonable time after service, except 2 35 36 37 disclosures under Rule 26, expert disclosures and reports, depositions upon oral examination and interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless upon order of the court or for use in the proceeding. 38 39 40 41 42 The administrator shall not refuse to accept for filing any document presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices. Documents may be rejected for filing if tendered without a required filing fee or a correct assigned file number, or are tendered to an administrator other than for the court where the action is pending. 43 * * * 44 45 46 RULE 26. DUTY TO DISCLOSE; GENERAL PROVISIONS GOVERNING DISCOVERY 47 26.01 Discovery MethodsRequired Disclosures 48 49 50 51 Parties may obtain discovery by one or more of the following methods: depositions by oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property; for inspection and other purposes; physical (including blood) and mental examinations; and requests for admission. 52 (a) Initial Disclosure. 53 54 55 (1) In General. Except as exempted by Rule 26.01(a)(2) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties: 56 57 58 59 (A) the name and, if known, the address and telephone number of each individual likely to have discoverable information along with the subjects of that information that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; 60 61 62 63 (B) a copy or a description by category and location of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; 64 65 66 67 68 (C) a computation of each category of damages claimed by the disclosing party who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and 69 70 (D) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible 3 71 72 judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. 73 74 75 (2) Proceedings Exempt from Disclosure. Unless otherwise ordered by the court in an action, the following proceedings are exempt from disclosures under Rule 26.01(a), (b), and (c): 76 (A) an action for review on an administrative record; 77 (B) a forfeiture action in rem arising from a state statute; 78 79 (C) a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence; 80 81 (D) an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision; 82 (E) an action to enforce or quash an administrative summons or subpoena; 83 (F) a proceeding ancillary to a proceeding in another court; 84 (G) an action to enforce an arbitration award; 85 (H) family court actions under Gen. R. Prac. 301 - 378; 86 (I) Torrens actions; 87 (J) conciliation court appeals; 88 (K) forfeitures; 89 (L) removals from housing court to district court; 90 (M) harassment proceedings; 91 (N) name change proceedings; 92 (O) default judgments; 93 94 (P) actions to either docket a foreign judgment or re-docket a judgment within the district; 95 (Q) appointment of trustee; 96 (R) condemnation appeal; 97 (S) confession of judgment; 98 (T) implied consent; 4 99 100 (U) restitution judgment; and (V) tax court filings. 101 102 103 104 105 106 107 108 109 (3) Time for Initial Disclosures In General. A party must make the initial disclosures at or within 60 days after the original due date when an answer is required, unless a different time is set by stipulation or court order, or unless an objection is made in a proposed discovery plan submitted as part of a civil cover sheet required under Rule 104 of the General Rules of Practice for the District Courts. In ruling on the objection, the court must determine what disclosures, if any, are to be made and must set the time for disclosure. In medical malpractice and other professional malpractice cases in which an expert affidavit is required, a party must make initial disclosures within sixty (60) days of the service of the expert affidavit. 110 111 112 113 (4) Time for Initial Disclosures For Parties Served or Joined Later. A party that is first served or otherwise joined after the initial disclosures are due under Rule 26.01(a)(3) must make the initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order. 114 115 116 117 118 (5) Basis for Initial Disclosure; Unacceptable Excuses. A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party's disclosures or because another party has not made its disclosures. 119 (b) Disclosure of Expert Testimony. 120 121 122 (1) In General. In addition to the disclosures required by Rule 26.01(a), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Minnesota Rule of Evidence 702, 703, or 705. 123 124 125 126 127 (2) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report prepared and signed by the witness if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony. The report must contain: 128 129 (A) a complete statement of all opinions the witness will express and the basis and reasons for them; 130 (B) the facts or data considered by the witness in forming them; 131 (C) any exhibits that will be used to summarize or support them; 132 133 (D) the witness's qualifications, including a list of all publications authored in the previous 10 years; 5 134 135 (E) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and 136 137 (F) a statement of the compensation to be paid for the study and testimony in the case. 138 139 140 (3) Witnesses Who Do Not Provide a Written Report. Unless otherwise stipulated or ordered by the court, if the witness is not required to provide a written report, this disclosure must state: 141 142 (A) the subject matter on which the witness is expected to present evidence under Minnesota Rule of Evidence 702, 703, or 705; and 143 144 (B) a summary of the facts and opinions to which the witness is expected to testify. 145 146 147 (4) Time to Disclose Expert Testimony. A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order, the disclosures must be made: 148 149 (A) at least 90 days before the date set for trial or for the case to be ready for trial; or 150 151 152 (B) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26.01(b)(2) or (3), within 30 days after the other party's disclosure. 153 154 (5) Supplementing the Disclosure. The parties must supplement these disclosures when required under Rule 26.05. 155 (c) Pretrial Disclosures. 156 157 158 (1) In General. In addition to the disclosures required by Rule 26.01(a) and (b), a party must provide to the other parties the following information about the evidence that it may present at trial other than solely for impeachment: 159 160 161 (A) the name and, if not previously provided, the address and telephone number of each witness separately identifying those the party expects to present and those it may call if the need arises; 162 163 164 (B) the designation of those witnesses whose testimony the party expects to present by deposition and, if not taken stenographically, a transcript of the pertinent parts of the deposition; and 165 166 167 (C) an identification of each document or other exhibit, including summaries of other evidence separately identifying those items the party expects to offer and those it may offer if the need arises. 6 168 169 170 171 172 173 174 175 (2) Time for Pretrial Disclosures; Objections. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32.01 of a deposition designated by another party under Rule 26.01(c)(1)(B); and any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 26.01(c)(1)(C). An objection not so made except for one under Minnesota Rule of Evidence 402 or 403 is waived unless excused by the court for good cause. 176 177 (d) Form of Disclosures. Unless the court orders otherwise, all disclosures under Rule 26.01 must be in writing, signed, and served. 178 MINNESOTA GENERAL RULES OF PRACTICE 179 180 181 182 RULE 104. CIVIL COVER SHEET AND CERTIFICATE OF REPRESENTATION AND PARTIES 183 184 185 Except as otherwise provided in these rules for specific types of cases and in cases where the action is commenced by filing by operation of statute, a party filing a civil case shall, at the time of filing, notify the court administrator in writing of: 186 187 188 189 190 191 192 193 194 195 196 197 (a) If the case is a family case or a civil case listed in Rule 111.01 of this rule, the name, postal address, e-mail address, and telephone number of all counsel and unrepresented parties, if known, in a Certificate of Representation and Parties (see Form 104 CIV102 promulgated by the state court administrator and published on the website www.mncourts.govappended to these rules) or 198 199 200 201 202 If that information is not then known to the filing party, it shall be provided to the court administrator in writing by the filing party within seven days of learning it. Any party impleading additional parties shall provide the same information to the court administrator. The court administrator shall, upon receipt of the completed certificate, notify all parties or their lawyers, if represented by counsel, of the date of filing the action and the file number assigned. 203 (b) If the case is a non-family civil case other than those listed in Rule 111.01, basic information about the case in a Civil Cover Sheet (see Form CIV117 promulgated by the state court administrator and published on the website www.mncourts.gov) which shall also include the information required in part (a) of this rule. Any other party to the action may, within ten days of service of the filing party s civil cover sheet, file a supplemental civil cover sheet to provide additional information about the case. * * * 204 7 205 RULE 144. ACTIONS FOR DEATH BY WRONGFUL ACT 206 144.01 Application for Appointment of Trustee. 207 208 209 210 211 212 213 214 215 216 217 Every application for the appointment of a trustee of a claim for death by wrongful act under Minnesota Statutes, section 573.02, shall be made by the verified petition of the surviving spouse or one of the next of kin of the decedent. The petition shall show the dates and places of the decedent s birth and death; the decedent s address at the time of death; the name, age and address of the decedent s surviving spouse, children, parents, grandparents, and siblings; and the name, age, occupation and address of the proposed trustee. The petition shall also show whether or not any previous application has been made, the facts with reference thereto and its disposition shall also be stated. The written consent of the proposed trustee to act as such shall be endorsed on or filed with such petition. The application for appointment shall not be considered filing of a document in the case for the purpose of any requirement for filing a certificate of representation or civil cover sheet informational statement. 218 * * * 8
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