Litterer v. Rushmore Loan Management Services, LLCAnnotate this Case
Applying Minn. R. Civ. P. 6.02 to extend the lis pendens deadline in Minn. Stat. 582.043(7)(b) is prohibited because to do so would impermissibly modify the substantive rights provided by the statute.
The Supreme Court answered in the negative a question certified to it by the United States Court of Appeals for the Eighth Circuit as to whether the lis pendens deadline may be extended upon a showing of excusable neglect under Rule 6.02. At issue was whether the lis pendens recording requirement was procedural or substantive in nature. The Supreme Court held that to extend the lis pendens deadline using Rule 6.02 would be an impermissible intrusion into matters of substantive law.