ORDER ADOPTING AMENDMENTS TO THE RULES OF CIVIL PROCEDURE AND GENERAL RULES OF PRACTICE RELATING TO THE CIVIL JUSTICE REFORM TASK FORCE.
Annotate this Case
Download PDF
STATE OF MINNESOTA
IN SUPREME COURT
ADM10-8051
ADM09-8009
ADM04-8001
ORDER ADOPTING AMENDMENTS TO THE
RULES OF CIVIL PROCEDURE AND GENERAL
RULES OF PRACTICE RELATING TO THE
CIVIL JUSTICE REFORM TASK FORCE
The Civil Justice Reform Task Force recommended certain amendments to the
Rules of Civil Procedure and the General Rules of Practice for the District Courts aimed
at facilitating more cost effective and efficient civil case processing. The Court has
reviewed the proposals, received public comments, and is advised in the premises.
IT IS HEREBY ORDERED THAT:
1.
The attached amendments to the Rules of Civil Procedure and the General
Rules of Practice for the District Courts, and the same are, prescribed and promulgated to
be effective July 1, 2013.
2.
These amendments apply to all actions or proceedings pending on or
commenced on or after the effective date provided that:
a. No action shall be involuntarily dismissed pursuant to Minn. R. Civ. P. 5.04
until one year after the effective date; and
b. Amendments to Minn. R. Civ. P. 26 apply only to actions commenced on or
after the effective date provided that the court may in any case direct the
parties to comply with all or part of the rule as part of a pretrial order.
Dated: February 4, 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
RULE 1. SCOPE OF RULES
6
7
8
9
10
11
12
13
14
These rules govern the procedure in the district courts of the State of Minnesota in all
suits of a civil nature, with the exceptions stated in Rule 81. They shall be construed and
administered to secure the just, speedy, and inexpensive determination of every action.
It is the responsibility of the court and the parties to examine each civil action to assure
that the process and the costs are proportionate to the amount in controversy and the complexity
and importance of the issues. The factors to be considered by the court in making a
proportionality assessment include, without limitation: needs of the case, amount in controversy,
parties’ resources, and complexity and importance of the issues at stake in the litigation.
* * *
15
16
17
RULE 3. COMMENCEMENT OF THE ACTION; SERVICE OF THE COMPLAINT;
FILING OF THE ACTION
18
Rule 3.01 Commencement of the Action
19
20
21
22
23
24
25
26
27
28
29
30
31
32
A civil action is commenced against each defendant:
33
(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.
* * *
34
2
35
36
RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
* * *
37
Rule 5.04 Filing; Certificate of Service
38
39
40
41
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.
42
43
44
45
46
All papers 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
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.
47
48
49
The administrator shall not refuse to accept for filing any paper presented for that purpose
solely because it is not presented in proper form as required by these rules or any local rules or
practices.
50
* * *
51
52
53
RULE 26. DUTY TO DISCLOSE; GENERAL PROVISIONS GOVERNING
DISCOVERY
54
26.01 Discovery MethodsRequired Disclosures
55
56
57
58
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.
59
(a) Initial Disclosure.
60
61
62
(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:
63
64
65
66
(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;
67
68
(B) a copy—or a description by category and location—of all documents,
electronically stored information, and tangible things that the disclosing party has
3
69
70
in its possession, custody, or control and may use to support its claims or
defenses, unless the use would be solely for impeachment;
71
72
73
74
75
(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
76
77
78
79
(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
judgment in the action or to indemnify or reimburse for payments made to satisfy
the judgment.
80
81
82
(2) Proceedings Exempt from Initial 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):
83
(A) an action for review on an administrative record;
84
(B) a forfeiture action in rem arising from a state statute;
85
86
(C) a petition for habeas corpus or any other proceeding to challenge a
criminal conviction or sentence;
87
88
(D) an action brought without an attorney by a person in the custody of the
United States, a state, or a state subdivision;
89
(E) an action to enforce or quash an administrative summons or subpoena;
90
(F) a proceeding ancillary to a proceeding in another court;
91
(G) an action to enforce an arbitration award;
92
(H) family court actions under Gen. R. Prac. 301 - 378;
93
(I) Torrens actions;
94
(J) conciliation court appeals;
95
(K) forfeitures;
96
(L) removals from housing court to district court;
97
(M) harassment proceedings;
98
(N) name change proceedings;
99
(O) default judgments;
4
100
101
(P) actions to either docket a foreign judgment or re-docket a judgment
within the district;
102
(Q) appointment of trustee;
103
(R) condemnation appeal;
104
(S) confession of judgment;
105
(T) implied consent;
106
(U) restitution judgment; and
107
(V) tax court filings.
108
109
110
111
112
113
114
115
116
(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.
117
118
119
120
(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.
121
122
123
124
125
(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.
126
(b) Disclosure of Expert Testimony.
127
128
129
(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.
130
131
132
133
134
(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:
5
135
136
(A) a complete statement of all opinions the witness will express and the
basis and reasons for them;
137
(B) the facts or data considered by the witness in forming them;
138
(C) any exhibits that will be used to summarize or support them;
139
140
(D) the witness's qualifications, including a list of all publications
authored in the previous 10 years;
141
142
(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
143
144
(F) a statement of the compensation to be paid for the study and testimony
in the case.
145
146
147
(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:
148
149
(A) the subject matter on which the witness is expected to present
evidence under Minnesota Rule of Evidence 702, 703, or 705; and
150
151
(B) a summary of the facts and opinions to which the witness is expected
to testify.
152
153
154
(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:
155
156
(A) at least 90 days before the date set for trial or for the case to be ready
for trial; or
157
158
159
(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.
160
161
(5) Supplementing the Disclosure. The parties must supplement these disclosures
when required under Rule 26.05.
162
(c) Pretrial Disclosures.
163
164
165
(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:
6
166
167
168
(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;
169
170
171
(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
172
173
174
(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.
175
176
177
178
179
180
181
182
(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.
183
184
(d) Form of Disclosures. Unless the court orders otherwise, all disclosures under Rule
26.01 must be in writing, signed, and served.
185
26.02 Discovery Methods, Scope and Limits
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
Unless otherwise limited by order of the court in accordance with these rules, the
methods and scope of discovery are as follows:
(a) Methods. 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.
(b) In General Scope and Limits. Discovery must be limited to matters that would
enable a party to prove or disprove a claim or defense or to impeach a witness and must comport
with the factors of proportionality, including without limitation, the burden or expense of the
proposed discovery weighed against its likely benefit, considering the needs of the case, the
amount in controversy, the parties’ resources, the importance of the issues at stake in the action,
and the importance of the discovery in resolving the issues. Subject to these limitations, Pparties
may obtain discovery regarding any matter, not privileged, that is relevant to a claim or defense
of any party, including the existence, description, nature, custody, condition and location of any
books, documents, or other tangible things and the identity and location of persons having
knowledge of any discoverable matter. Upon a showing of For good cause and proportionality,
the court may order discovery of any matter relevant to the subject matter involved in the action.
Relevant information sought need not be admissible at the trial if the discovery appears
reasonably calculated to lead to the discovery of admissible evidence.
7
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
(b) Limitations.
(1) Authority to Limit Frequency and Extent. The court may establish or alter the
limits on the number of depositions and interrogatories and may also limit the length of
depositions under Rule 30 and the number of requests under Rule 36. The court may act
upon its own initiative after reasonable notice or pursuant to a motion under Rule 26.03.
(2) Limits on Electronically Stored Evidence for Undue Burden or Cost. A party
need not provide discovery of electronically stored information from sources that the
party identifies as not reasonably accessible because of undue burden or cost. On motion
to compel discovery or for a protective order, the party from whom discovery is sought
must show that the information is not reasonably accessible because of undue burden or
cost. If that showing is made, the court may nonetheless order discovery from such
sources if the requesting party shows good cause and proportionality, considering the
limitations of Rule 26.02(b)(3). The court may specify conditions for the discovery.
(3)
Limits Required When Cumulative; Duplicative; More Convenient
Alternative; and Ample Prior Opportunity. The frequency or extent of use of the
discovery methods otherwise permitted under these rules shall be limited by the court if it
determines that: (i) the discovery sought is unreasonably cumulative or duplicative, or is
obtainable from some other source that is more convenient, less burdensome, or less
expensive; or (ii) the party seeking discovery has had ample opportunity by discovery in
the action to obtain the information sought; or (iii) the burden or expense of the proposed
discovery outweighs its likely benefit, taking into account the needs of the case, the
amount in controversy, the parties’ resources, the importance of the issues at stake in the
litigation, and the importance of the proposed discovery in resolving the issues. The
court may act upon its own initiative after reasonable notice or pursuant to a motion
under Rule 26.03.
(c) Insurance Agreements. In any action in which there is an insurance policy that may
afford coverage, any party may require any other party to disclose the coverage and limits of
such insurance and the amounts paid and payable thereunder and, pursuant to Rule 34, may
obtain production of the insurance policy; provided, however, that this provision will not permit
such disclosed information to be introduced into evidence unless admissible on other grounds.
(d) Trial Preparation: Materials. Subject to the provisions of Rule 26.02(e) a party
may obtain discovery of documents and tangible things otherwise discoverable pursuant to Rule
26.02(b) and prepared in anticipation of litigation or for trial by or for another party or by or for
that other party’s representative (including the other party’s attorney, consultant, surety,
indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has
substantial need of the materials in the preparation of the party’s case and that the party is unable
without undue hardship to obtain the substantial equivalent of the materials by other means. In
ordering discovery of such materials when the required showing has been made, the court shall
protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of
an attorney or other representative of a party concerning the litigation.
8
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
A party may obtain without the required showing a statement concerning the action or its
subject matter previously made by that party. Upon request, a party or other person may obtain
without the required showing a statement concerning the action or its subject matter previously
made by that person who is not a party. If the request is refused, the person may move for a
court order. The provisions of Rule 37.01(d) apply to the award of expenses incurred in relation
to the motion. For purposes of this paragraph, a statement previously made is (1) a written
statement signed or otherwise adopted or approved by the person making it, or (2) a
stenographic, mechanical, electrical, or other recording, or a transcription thereof, that is a
substantially verbatim recital of an oral statement by the person making it and
contemporaneously recorded.
(e) Trial Preparation: Experts. Discovery of facts known and opinions held by
experts, otherwise discoverable pursuant to Rule 26.02(b) and acquired or developed in
anticipation of litigation or for trial, may be obtained only as follows:
(1)(A) A party may through interrogatories require any other party to identify
each person whom the other party expects to call as an expert witness at trial, to state the
subject matter on which the expert is expected to testify, and to state the substance of the
facts and opinions to which the expert is expected to testify and a summary of the
grounds for each opinion. (B) Upon motion, the court may order further discovery by
other means, subject to such restrictions as to scope and such provisions, pursuant to Rule
26.02 (e)(3), concerning fees and expenses, as the court may deem appropriate.
(2) A party may discover facts known or opinions held by an expert who has
been retained or specially employed by another party in anticipation of litigation or
preparation for trial and who is not expected to be called as a witness at trial, only as
provided in Rule 35.02 or upon a showing of exceptional circumstances under which it is
impracticable for the party seeking discovery to obtain facts or opinions on the same
subject by other means.
(3) Unless manifest injustice would result, (A) the court shall require the party
seeking discovery to pay the expert a reasonable fee for time spent in responding to
discovery pursuant to Rules 26.02(e)(1)(B) and 26.02(e)(2); and (B) with respect to
discovery obtained pursuant to Rule 26.02(e)(1)(B), the court may require, and with
respect to discovery obtained pursuant to Rule 26.02(e)(2) the court shall require, the
party seeking discovery to pay the other party a fair portion of the fees and expenses
reasonably incurred by the latter party in obtaining facts and opinions from the expert.
(f) Claims of Privilege or Protection of Trial Preparation Materials.
(1) When a party withholds information otherwise discoverable under these rules
by claiming that it is privileged or subject to protection as trial preparation material, the
party shall make the claim expressly and shall describe the nature of the documents,
communications, or things not produced or disclosed in a manner that, without revealing
9
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
information itself privileged or protected, will enable other parties to assess the
applicability of the privilege or protection.
(2) If information is produced in discovery that is subject to a claim of privilege
or of protection as trial-preparation material, the party making the claim may notify any
party that received the information of the claim and the basis for it. After being notified,
a party must promptly return, sequester, or destroy the specified information and any
copies it has and may not use or disclose the information until the claim is resolved. A
receiving party may promptly present the information to the court under seal for a
determination of the claim. If the receiving party disclosed the information before being
notified, it must take reasonable steps to retrieve it. The producing party must preserve
the information until the claim is resolved.
* * *
26.06 Discovery Conference
(a) Conference Timing. Except in a proceeding exempted from initial disclosure under
Rule 26.01(a)(2) or when the court orders otherwise, the parties must confer as soon as
practicable—and in any event within 30 days from the initial due date for an answer.
(b) Conference Content; Parties’ Responsibilities. In conferring, the parties must
consider the nature and basis of their claims and defenses and the possibilities for promptly
settling or resolving the case; make or arrange for the disclosures required by Rule 26.01(a), (b);
discuss any issues about preserving discoverable information; and develop a proposed discovery
plan. The attorneys of record and all unrepresented parties that have appeared in the case are
jointly responsible for arranging the conference, and for attempting in good faith to agree on the
proposed discovery plan. A written report outlining the discovery plan must be filed with the
court within 14 days after the conference or at the time the action is filed, whichever is later. The
court may order the parties or attorneys to attend the conference in person.
(c) Discovery Plan. A discovery plan must state the parties’ views and proposals on:
(1) what changes should be made in the timing, form, or requirement for
disclosures under Rule 26.01, including a statement of when initial disclosures were
made or will be made;
(2) the subjects on which discovery may be needed, when discovery should be
completed, and whether discovery should be conducted in phases or be limited to or
focused on particular issues;
(3) any issues about disclosure or discovery of electronically stored information,
including the form or forms in which it should be produced;
10
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
(4) any issues about claims of privilege or of protection as trial-preparation
materials, including—if the parties agree on a procedure to assert these claims after
production—whether to ask the court to include their agreement in an order;
(5) what changes should be made in the limitations on discovery imposed under
these rules or by local rule, and what other limitations should be imposed; and
(6) any other orders that the court should issue under Rule 26.03 or under Rule
16.02 and .03.
(d) Conference with the Court. At any time after service of the summons, the court
may direct the attorneys for the parties to appear before it for a conference on the subject of
discovery. The court shall do so upon motion by the attorney for any party if the motion
includes:
(a1) A statement of the issues as they then appear;
(b2) A proposed plan and schedule of discovery;
(c3) Any issues relating to disclosure or discovery of electronically stored
information, including the form or forms in which it should be produced;
(d4) Any issues relating to claims of privilege or of protection as trial-preparation
material, including—if the parties agree on a procedure to assert such claims after
production—whether to ask the court to include their agreement in an order;
(e5) Any limitations proposed to be placed on discovery;
(f6) Any other proposed orders with respect to discovery; and
(g7) A statement showing that the attorney making the motion has made a
reasonable effort to reach agreement with opposing attorneys on the matter set forth in
the motion. All parties and attorneys are under a duty to participate in good faith in the
framing of any proposed discovery plan.
Notice of the motion shall be served on all parties. Objections or additions to matters set
forth in the motion shall be served not later than 10 days after the service of the motion.
Following the discovery conference, the court shall enter an order tentatively identifying
the issues for discovery purposes, establishing a plan and schedule for discovery, setting
limitations on discovery, if any, and determining such other matters, including the allocation of
expenses, as are necessary for the proper management of discovery in the action. An order may
be altered or amended whenever justice so requires.
11
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
Subject to the right of a party who properly moves for a discovery conference to prompt
convening of the conference, the court may combine the discovery conference with a pretrial
conference authorized by Rule 16.
* * *
Rule 37. Failure to Make Discovery Disclosures or to Cooperate in Discovery: Sanctions
37.01 Motion for Order Compelling Disclosure or Discovery
(a) Appropriate Court. An application for an order to a party shall be made to the
court in which the action is pending. An application for an order to a person who is not a party
shall be made to the court in the county where the discovery is being, or is to be, taken.
(b) Specific Motions.
(1) To Compel Disclosure. If a party fails to make a disclosure required by Rule
26.01, any other party may move to compel disclosure and for appropriate sanctions.
(2) To Compel a Discovery Response. A party seeking discovery may move for
an order compelling an answer, designation, production, or inspection. This motion may
be made if:
(A) If a deponent fails to answer a question propounded or submitted
under Rules 30 or 31,;
(B) or a corporation or other entity fails to make a designation under Rule
30.02(f) or 31.01(c);, or
(C) a party fails to answer an interrogatory submitted under Rule 33;, or
(D) if a party, in response to a request for inspection submitted under
Rule 34, fails to respond that inspection will be permitted as requested or fails to
permit inspection as requested,.
the discovering party may move for an order compelling an answer, or a
designation, or an order compelling inspection in accordance with the request.
The motion must include a certification that the movant has in good faith conferred or
attempted to confer with the person or party failing to make the discovery in an effort to secure
the information or material without court action. When taking a deposition on oral examination,
the proponent of the question may complete or adjourn the examination before applying for an
order.
12
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
(c) Evasive or Incomplete Answer, or Response. For purposes of this subdivision an
evasive or incomplete disclosure, answer, or response is to be treated as a failure to disclose,
answer, or respond.
* * *
37.03 Expenses on Failure to Disclose, to Supplement an Earlier Response, or to Admit
(a) Failure to Disclose or Supplement. If a party fails to provide information or
identify a witness as required by Rule 26.01 or .05, the party is not allowed to use that
information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the
failure was substantially justified or is harmless. In addition to or instead of this sanction, the
court, on motion and after giving an opportunity to be heard:
(1) may order payment of the reasonable expenses, including attorney's fees,
caused by the failure;
(2) may inform the jury of the party's failure; and
(3) may impose other appropriate sanctions, including any of the orders listed in
Rule 37.02.
(b) Failure to Admit. If a party fails to admit the genuineness of any documents or the
truth of any matter as requested pursuant to Rule 36, and if the party requesting the admissions
thereafter proves the genuineness of the document or the truth of any such matter, the requesting
party may apply to the court for an order requiring the other party to pay the reasonable expenses
incurred in making that proof, including reasonable attorney fees. The court shall make the order
unless it finds that (1) the request was held objectionable pursuant to Rule 36.01, or (2) the
admission sought was of no substantial importance, or (3) the party failing to admit had
reasonable ground to believe that the party might prevail on the matter, or (4) there was other
good reason for the failure to admit.
* * *
37.06 Failure to Participate in Framing a Discovery Plan.
If a party or its attorney fails to participate in good faith in developing and submitting a
proposed discovery plan as required by Rule 26.06, the court may, after giving an opportunity to
be heard, require that party or attorney to pay to any other party the reasonable expenses,
including attorney's fees, caused by the failure.
13
472
MINNESOTA GENERAL RULES OF PRACTICE
473
RULE 8. INTERPRETERS
474
* * *
475
8.13 Requirement for Notice of Anticipated Need for Interpreter
476
477
478
479
480
In order to permit the court to make arrangements for the availability of required
interpreter services, parties shall, in the Civil Cover Sheet, Initial Case Management
Informational Statement or Joint Statement of the Case, and as may otherwise be required by
court rule or order, advise the court of that need in advance of the hearing or trial where services
are required.
481
482
When it becomes apparent that previously-requested interpreter services will not be required, the
parties must advise the court.
483
* * *
484
485
RULE 104. CIVIL COVER SHEET AND CERTIFICATE OF REPRESENTATION AND
PARTIES
486
487
488
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:
489
490
491
492
493
494
495
496
497
498
499
500
(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
501
502
503
504
505
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.
506
(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, with 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.
* * *
14
507
Rule 111.02 The Party’s Scheduling Input Informational Statement
508
509
510
511
512
The parties may submit scheduling information to the court as part of the civil cover
sheet as provided in Rule 104 of these rules. Within 60 days after an action has been filed, each
party shall submit , on a form to be available from the court (see Form 111.02 appended to these
rules), the information needed by the court to manage and schedule the case. The information
provided shall include:
513
(a)
The status of service of the action;
514
(b)
Whether the statement is jointly prepared;
515
(c)
Description of case;
516
(d)
Whether a jury trial is requested or waived;
517
(e)
Discovery contemplated and estimated completion date;
518
519
(f)
Whether assignment to an expedited, standard, or complex track is
requested;
520
(g)
The estimated trial time;
521
(h)
Any proposals for adding additional parties;
522
523
(i)
Other pertinent or unusual information that may affect the scheduling or
completion of pretrial proceedings;
524
525
526
527
(j)
Recommended alternative dispute resolution process, the timing of the
process, the identity of the neutral selected by the parties or, if the neutral has not yet been
selected, the deadline for selection of the neutral. If ADR is believed to be inappropriate, a
description of the reasons supporting this conclusion;
528
529
(k)
A proposal for establishing any of the deadlines or dates to be included in a
scheduling order pursuant to Minn. Gen. R. Prac. 111.03; and
530
531
(l)
Identification of interpreter services (specifying language and, if known,
particular dialect) any party anticipates will be required for any witness or party.
532
Rule 111.03. Scheduling Order
533
534
535
536
(a)
When issued. No sooner than the due date of the last civil cover
sheet under Rule 104, 60 days and no longer than 90 days after an action has been filed,
the court shall enter its scheduling order. The court may issue the order after either a
telephone or in-court conference, or without a conference or hearing if none is needed.
15
537
* * *
538
RULE 113. ASSIGNMENT OF CASE(S) TO SINGLE JUDGE
539
113.01 Request for Assignment of a Single Case to a Single Judge
540
541
542
543
544
545
546
547
548
549
(a) In any case that the court or parties believe is likely to be complex, or where other
reasons of efficiency or the interests of justice dictate, the chief judge of the district or the chief
judge’s designee may order that all pretrial and trial proceedings shall be heard before a single
judge. The court may enter such an order at any time on its own initiative, in response to a
suggestion in a party’s civil cover sheet informational statement filed under Rule 104 111, or on the
motion of any party, and shall enter such an order when the requirements of Rule 113.01(b) have
been met. The motion shall comply with these rules and shall be supported by affidavit(s). In any
case assigned to a single judge pursuant to this Rule that judge shall actively use enhanced judicial
management techniques, including, but not limited to, the setting of a firm trial date, establishment
of a discovery cut off date, and periodic case conferences.
550
* * *
551
552
RULE 114. ALTERNATIVE DISPUTE RESOLUTION
* * *
553
Rule 114.02 Definitions
554
555
The following terms shall have the meanings set forth in this rule in construing these
rules and applying them to court-affiliated ADR programs.
556
557
558
559
560
(a) ADR Processes.
* * *
(10) Other. Parties may by agreement create an ADR process. They shall
explain their process in the civil cover sheet Informational Statement.
* * *
561
114.04 Selection of ADR Process
562
563
564
565
566
(a) Conference. After service of a complaint or petition, the parties shall promptly
confer regarding case management issues, including the selection and timing of the ADR
process. Following this conference ADR information shall be included in the civil cover sheet
required by Rule 104 and in the initial case management informational statement required by
Rule 111.02 and 304.02.
16
567
568
569
570
571
572
In family law matters, the parties need not meet and confer where one of the parties
claims to be the victim of domestic abuse by the other party or where the court determines there
is probable cause that one of the parties or a child of the parties has been physically abused or
threatened with physical abuse by the other party. In such cases, both parties shall complete and
submit form 9A or 9B, specifying the form(s) of ADR the parties individually prefer, not what is
agreed upon.
573
574
575
576
577
578
579
(b) Court Involvement. If the parties cannot agree on the appropriate ADR process, the
timing of the process, or the selection of a neutral, or if the court does not approve the parties’
agreement, the court shall, in cases subject to Rule 111, schedule a telephone or in-court
conference of the attorneys and any unrepresented parties within thirty days after the due date for
filing initial case management informational statements pursuant to Rule 111.02 or 304.02 or the
filing of a civil cover sheet pursuant to Rule 104 to discuss ADR and other scheduling and case
management issues.
580
581
582
583
584
585
Except as otherwise provided in Minnesota Statutes, section 604.11 or Rule 310.01, the
court, at its discretion, may order the parties to utilize one of the non-binding processes, or may
find that ADR is not appropriate; provided that no ADR process shall be approved if the court
finds that ADR is not appropriate or if it amounts to a sanction on a non-moving party. Where
the parties have proceeded in good faith to attempt to resolve the matter using collaborative law,
the court should not ordinarily order the parties to use further ADR processes.
586
* * *
587
RULE 115. MOTION PRACTICE
588
* * *
589
Rule 115.04. Non-Dispositive Motions
590
591
592
(a) No motion shall be heard until the moving party pays any required motion filing fee,
serves a copy of the following documents on the other party or parties and files the original with
the court administrator at least 14 days prior to the hearing:
593
(1) Notice of motion and motion;
594
(2) Proposed order;
595
596
597
598
599
600
(3) Any affidavits and exhibits to be submitted in conjunction with the motion;
and
(4) Any memorandum of law the party intends to submit.
(b) The party responding to the motion shall serve a copy of the following documents on
the moving party and other interested parties and shall file the original with the court
administrator at least 7 days prior to the hearing:
17
601
(1) Any memorandum of law the party intends to submit; and
602
(2) Any relevant affidavits and exhibits.
603
604
605
606
(c) Reply Memoranda. The moving party may submit a reply memorandum, limited to
new legal or factual matters raised by an opposing party’s response to a motion, by serving a
copy on opposing counsel and filing the original with the court administrator at least 3 days
before the hearing.
607
608
609
610
611
612
613
614
615
616
617
618
619
620
(d) Expedited, Informal Non-Dispositive Motion Process. The moving party is
encouraged to consider whether the motion can be informally resolved through a telephone
conference with the judge. The moving party may invoke this informal resolution process by
written notice to the court and all parties. The moving party must also contact the appropriate
court administrative or judicial staff to schedule a phone conference. The parties may (but are not
required to) submit short letters, with or without a limited number of documents attached (no
briefs, declarations or sworn affidavits are to be filed), prior to the conference to set forth their
respective positions. The court will read the written submissions of the parties before the phone
conference, hear arguments of counsel and unrepresented parties at the conference, and issue its
decision at the conclusion of the phone conference or shortly after the conference. Depending on
the nature of the dispute, the court may or may not issue a written order. The court may also
determine that the dispute must be presented to the court via formal motion and hearing.
Telephone conferences will not be recorded or transcribed.
621
RULE 144. ACTIONS FOR DEATH BY WRONGFUL ACT
622
144.01 Application for Appointment of Trustee.
623
624
625
626
627
628
629
630
631
632
633
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
paper in the case for the purpose of any requirement for filing a certificate of representation or
civil cover sheet informational statement.
18
634
* * *
635
RULE 146. COMPLEX CASES
636
637
[Publishers Note: Because rule 146 is a new rule in General Rules of Practice for the District
Courts, underlining to show new language has been omitted]
638
146.01 Purpose; Principles
639
640
641
642
The purposes of the Complex Case Program (“CCP”) are to promote effective and
efficient judicial management of complex cases in the district courts, avoid unnecessary burdens
on the court, keep costs reasonable for the litigants and to promote effective decision making by
the court, the parties and counsel.
643
The core principles that support the establishment of a mandatory CCP include:
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
(a) Early and consistent judicial management promotes efficiency.
(b) Mandatory disclosure of relevant information, rigorously enforced by the court, will
result in disclosure of facts and information necessary to avoid unnecessary litigation procedures
and discovery.
(c) Blocking complex cases to a single judge from the inception of the case results in the
best case management.
(d) Firm trial dates result in better case management and more effective use of the
parties’ resources, with continuances granted only for good cause.
(e) Education and training for both judges and court staff will assist with the
management of complex cases.
146.02 Definition of a Complex Case
(a)
Definition. A “complex case” is an action that requires exceptional judicial
management to avoid placing unnecessary burdens on the court or the litigants and to expedite
the case, keep costs reasonable, and promote effective decision making by the court, the parties,
and counsel.
(b)
Factors. In deciding whether an action is a complex case under (a), the court
must consider, among other things, whether the action is likely to involve:
(1) Numerous hearings, pretrial and dispositive motions raising difficult or novel
legal issues that will be time-consuming to resolve;
(2) Management of a large number of witnesses or a substantial amount of
documentary evidence;
19
674
(3) Management of a large number of separately represented parties;
675
(4) Multiple expert witnesses;
676
677
(5) Coordination with related actions pending in one or more courts in other
counties, states, or countries, or in a federal court;
678
(6) Substantial post judgment judicial supervision; or
679
(7) Legal or technical issues of complexity.
680
681
(c)
Provisional designation. An action is provisionally a complex case if it involves
one or more of the following types of claims:
682
(1) Antitrust or trade regulation claims;
683
(2) Intellectual property matters, such as trade secrets, copyrights, patents, etc.;
684
(3) Construction defect claims involving many parties or structures;
685
(4) Securities claims or investment losses involving many parties;
686
(5) Environmental or toxic tort claims involving many parties;
687
(6) Product liability claims;
688
(7) Claims involving mass torts;
689
(8) Claims involving class actions;
690
(9) Ownership or control of business claims; or
691
692
(10) Insurance coverage claims arising out of any of the claims listed in (c)(1)
through (c)(9).
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
(d)
Parties’ designation. In any action not enumerated above, the parties can agree
to be governed by Rule 146 of these rules by filing a “CCP Election,” in a form to be developed
by the state court administrator and posted on the main state court website, to be filed along with
the initial pleading.
(e)
Motion to Exclude Complex Case Designation. A party objecting to the
provisional assignment of a matter to the CCP must serve and file a motion setting forth the
reasons that the matter should be removed from the CCP. The motion papers must be served and
filed within 14 days of the date the moving party is served with the CCP Designation. The
motion shall be heard during the Case Management Conference or at such other time as
determined by the court. The factors that should be considered by the court in ruling on the
motion include the factors set forth in Rule 146.02 (b) and (c) above.
146.03 Judge Assigned to Complex Cases
20
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
A single judge shall be assigned to all designated complex cases within 30 days of filing
in accordance with Rule 113 of these rules. In making the assignment the assigning judge should
consider, among other factors, the needs of the court, the judge’s ability, interest, training,
experience (including experience with complex cases) and willingness to participate in
educational programs related to the management of complex cases.
723
146.05 Case Management Order and Scheduling Order
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
In all complex cases, the judge assigned to the case shall enter a Case Management Order
and a Scheduling Order (together or separately) addressing the matters set forth in Minn. R. Civ.
P. 16.02 and 16.03, and including without limitation the following:
146.04 Mandatory Case Management Conferences
(a)
Within 28 days of assignment, the judge assigned to a complex case shall hold a
mandatory case management conference. Counsel for all parties and pro se parties shall attend
the conference. At the conference, the court will discuss all aspects of the case as contemplated
by Minn. R. Civ. P. 16.01.
(b)
The court may hold such additional case management conferences, including a
pretrial conference, as it deems appropriate.
(a)
The dates for subsequent Case Management Conferences in the case;
(b)
the deadline for the parties to meet and confer regarding discovery needs and the
preservation and production of electronically stored information;
(c)
the deadline for joining other parties;
(d)
the deadline for amending the pleadings;
(e)
the deadline by which fact discovery will close and provisions for disclosure or
discovery of electronically stored information;
(f)
the deadlines by which parties will make expert witness disclosures and deadlines
for expert witness depositions;
(g)
the deadlines for non-dispositive and dispositive motions;
(h)
any modifications to the extent of required disclosures and discovery, such as,
among other things, limits on:
(1)
the number of fact depositions each party may take;
(2)
the number of interrogatories each party may serve;
(3)
the number of expert witnesses each party may call at trial;
21
753
754
755
756
757
758
759
(4)
(i)
a date certain for trial subject to continuation for good cause only, and a statement
of whether the case will be tried to a jury or the bench and an estimate of the trial’s duration.
* * *
PART H. MINNESOTA CIVIL TRIALBOOK
760
761
the number of expert witnesses each party may depose; and
* * *
762
Section 11. Interpreters
763
764
765
766
767
The party calling a witness for whom an interpreter is required shall advise the court in
the Civil Cover Sheet, Initial Case Management Informational Statement, or Joint Statement of
the Case of the need for an interpreter and interpreter services (specifying the language and, if
known, particular dialect) expected to be required. Parties shall not use a relative or friend as an
interpreter in a contested proceeding, except as approved by the court.
768
22
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.