Page 37 - SAMPLE LINKEDLAW DESKBOOK

WHAT GOVERNS STATE DISTRICT COURT CIVIL PRACTICE AND PROCEDURE SECTION 1.2

Civil actions brought in St. Louis County that touch on change of venue are governed by specific statutes.
See Minn. Stat. §§ 484.44–484.52.
SAMPLE
Despite the efforts of the Minnesota Supreme Court to eliminate variations caused by local rules, Minnesota
trial courts continue to differ depending on the judge and even the court administrator. Practitioners should check the
court scheduling order or pretrial order for specific deadlines (e.g., deadline for discovery, expert disclosures, and
non-dispositive and dispositive motions, etc.). In addition, it would be wise to contact the judge’s clerk about his or
her preference on matters such as scheduling of motion hearings, motion hearings via telephone, courtesy copies of
motion papers in addition to filed copies, or other litigation variables.

PRACTICE TIP

The Minnesota State Bar Association’s Civil Litigation Section Governing Council
surveyed all district court judges regarding their individual preferences with respect
to motion practice and courtroom conduct, and compiled the judges’ responses. The
survey responses are available on the Minnesota State Bar Association’s website,
<https://www.mnbar.org/members/sections/civil-litigation-section/judges’-courtroom-
preferences>.

D. Minnesota Rules of Evidence

Like the Minnesota Rules of Civil Procedure, the Minnesota Rules of Evidence are modeled after the federal
rules. The Minnesota Supreme Court adopted its own rules of evidence only two years after the Federal Rules of
Evidence were adopted in 1975.

While a discussion of every substantive Rule of Evidence is beyond the scope of this Deskbook, this
Deskbook will cover the intersection of procedure and evidence, such as the nuts and bolts of how to offer evidence,
preserving objections in depositions and at trial, and motions in limine. For more thorough coverage of the Rules of
Evidence, see Minnesota CLE’s Minnesota Courtroom Evidence Deskbook (2d. ed. 2018).

PRACTICE TIP

The Minnesota Rules of Civil Procedure, General Rules of Practice, and Rules of
Evidence are readily available to practitioners at the Minnesota Judicial Branch web-
site (<www.mncourts.gov>) by clicking on the “Attorneys” tab and then selecting
“Court Rules.” The website also contains links to Minnesota Supreme Court orders
within the last two years amending the rules so that practitioners can stay current on
rule changes.

1-3 Updated 2020