Edited by Keith S. Moheban, Honorable Mary R. Vasaly & Kenneth R. White
Whether you are evaluating a case, organizing for a hearing, writing a brief, preparing for trial, or searching for information on the many other civil practice issues that arise when you’re handling a case before a Minnesota state district court, this Deskbook is an invaluable resource! The Minnesota State District Court Civil Practice Deskbook covers an incredible range of practice issues throughout its 22 chapters, providing you with the orientation, analysis, and authorities you need. This great resource is packed with insights and practice tips by experienced litigators, as well as ethics and judicial commentary. Unlike other publications that cover the rules and descriptions of how to apply them, the Minnesota State District Court Civil Practice Deskbook also offers advice and practical application of them – direct from knowledgeable practitioners. Organized in a systematic fashion, replete with relevant cases, statutes, and rules, this is one publication that you will find yourself using often. From new lawyers to seasoned litigators alike, there is no doubt that this “must have” Deskbook will make your practice more effective and efficient.
2020 UPDATE
The 2020 Update to the Minnesota State District Court Civil Practice Deskbook includes updates to 20 of the Deskbook’s 22 chapters. The Update incorporates the extensive changes to the Minnesota Rules of Civil Procedure, the Minnesota Rules of Civil Appellate Procedure, and the Minnesota General Rules of Practice that took effect on January 1, 2020, and features helpful new charts outlining all the timing changes. The Update includes brand-new case law regarding arbitration, delivery-to-the-sheriff rule, motions to amend, expert reports, discovery issues, Rule 68 offers, post-trial motions, motions to vacate, motions for a new trial, and more. The 2020 Update to the Minnesota State District Court Civil Practice Deskbook brings your Deskbook fully up-to-date, saving you valuable time otherwise lost to research.
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CHAPTER 1
What Governs State District Court Civil Practice and Procedure: From Pre-Suit Procedures to Post-Trial Motions and Judgments
Overview; The Rules; The Statutes; Civil Practice, Procedure, and Clients; Summary; Appendix A – Summary Chart of Rules; Appendix B – Changes to the Minnesota Rules of Civil Procedure and the Minnesota General Rules of Practice Affecting Timing, Effective January 1, 2020; Appendix C – Summary Chart of Online Resources
– Uyen Campbell & Lisa Montpetit Brabbit
CHAPTER 2
Alternative Dispute Resolution in Minnesota
General Introduction; Historical Overview; Minnesota General Rule of Practice 114; Mediation; Arbitration and Awards; ADR Plus: Hybrid And Custom ADR Methods; ADR in Family Law; Civil Cases Not Subject to ADR: Appellate and Executive Branch Courts; ADR Ethics Board – Rule 114 Appendices: Code of Ethics and Enforcement Procedure (Proposed Rules of the Minnesota ADR Ethics Board); Trends, Studies, and Conclusions; Conclusion; Appendix A – Summons
– Honorable James H. Gilbert (Ret.) & Jody E. Nahlovsky
CHAPTER 3
Pre-Filing Considerations
Initial Contact; Preparation for Initial Appointment; Initial Appointment; Review and Research After First Visit; Plan for Resolution; Appendix A – Flow Chart Analyzing a Legal Claim’s Likelihood of Success
– Paul M. Floyd & Anna M. Tobin
CHAPTER 4
The Complaint
Introduction; Form of Pleadings Generally; Role of Summons and Role of Complaint; Avoiding Motions for Dismissal and Judgment on the Pleadings Under Rule 12; Appendix A – Sample Complaints
– Wilbur W. Fluegel
CHAPTER 5
Commencing the Action
Action Commences on Service, Not Filing, of Summons and Complaint; Accomplishing Service; Strategic Considerations Regarding Service, But Not Immediate Filing, of the Action
– Mary E. Schwind
CHAPTER 6
Filing
Introduction; Documents the Lawyer Is Required to File; Documents the Lawyer Is Not Required to File; E-Filing; Filing Fees; Deficient Filing; Filing Under Seal; Logistics of Filing; Relationship Between Service and Filing; Filing Special Cases
– John P. Boyle, Kelly C. Engebretson & Matthew P. Kostolnik
CHAPTER 7
The Response to the Complaint
Introduction; Receipt of the Complaint and Initial Contacts; Initial Defense Considerations; Time Frame in Which to Respond to Complaint; Effect of Failure to Timely Respond; Form of Answer; Counterclaims; Cross-Claims; Change of Venue; Removal to Federal Court; Rule 12.02 Motions; Motion for a More Definite Statement; Motion to Strike; Appendix A – Consent to Conflict Form Letter; Appendix B – Joint Representation Agreement; Appendix C – Introductory Letter to the Insured; Appendix D – Preservation Letter; Appendix E – Introductory Correspondence to Opposing Counsel; Appendix F – Stipulation and Joint Motion for Extension of Time to Answer or Otherwise Plead; Appendix G – Defendant’s Answer to Plaintiff’s Complaint and Affirmative Defenses; Appendix H – Affirmative Defenses that Are Commonly Asserted; Appendix I – Notice of Removal
– Daryl T. Fuchihara
CHAPTER 8
Amendment of Pleadings
Pleadings Defined; Amendments Generally; Amendments as a Matter of Course; Amendment by Consent of Adverse Party or Leave of Court; Claims Asserted by Amendment Only; Relation Back of Amendments; Amendments to Conform to the Evidence; Supplemental Pleadings; Appendix A – Stipulation to Amend; Appendix B – Notice of Motion and Motion to Amend
– Robert T. Brabbit
CHAPTER 9
Removal of Judges/Judicial Officers
Overview of Minnesota Law Governing Removal of Judges; Peremptory Removals; Non-Peremptory Removals; Replacement Judge / Practical Considerations
– David R. Crosby
CHAPTER 10
Initial, Expert, and Pretrial Disclosures Under Rule 26.01
Introduction; Initial Disclosures; Disclosure of Identities and Reports of Expert Witnesses; Pretrial Disclosures; Form of Disclosure
– Brandie Morgenroth & Leah Kippola-Friske
CHAPTER 11
Motions – Dispositive and Non-Dispositive
Motions, Defined; Formal Requirements Applicable to Papers Filed in Support of, or Opposition to, a Motion; Obtaining the Hearing Date; Service and Filing of Motion Papers; Oral Argument; Reconsideration; Common Types of Motions
– Gregory R. Merz
CHAPTER 12
Discovery – Excluding Depositions
Rule 26.01 Initial Disclosures; Methods, Scope, and Limits of Discovery; Types of Discovery
– Gregory J. Duncan & Juan M. Avila
CHAPTER 13
Depositions
Taking Discovery Depositions; Responding and Reacting to Receipt of Notice of Taking a Client’s Deposition or a Notice of an Independent Witness Deposition by the Opposing Party; Taking Depositions for Preservation of Evidence; Deposition Tips & Pitfalls to Avoid
– Ryan D. Fullerton, Kendra E. Olson, Curtis D. Ripley & Samuel S. Rufer
CHAPTER 14
Protective Orders
Introduction; Source of a Court’s Authority to Grant Protective Orders; Basis for Requesting Protective Orders; Burden of Proof; Appeal; Common Issues that Give Rise to Protective Orders; Protective Orders Limiting E-Discovery; Addressing Nonparty Rights in Protective Orders; Modification or Lifting of Protective Orders; Violations of Protective Orders; Stipulated Protective Orders; Strategic Considerations
– Brian B. Bell & Skip Durocher
CHAPTER 15
Rule 68 Offers
Introduction; Purpose of Rule 68; Making an Offer; Accepting an Offer; Cost-Shifting; History of Rule 68; Appendix A – Rule 68.01 Text with Annotations; Appendix B – Rule 68.02 Text with Annotations; Appendix C – Rule 68.03 Text with Annotations; Appendix D – Rule 68.04 Text with Annotations; Appendix E – Sample Rule 68 Offer
– Daniel J. Singel, Brian J. Kluk, Alan P. King & Matthew G. Nelson
CHAPTER 16
Pretrial Preparation
Case Theme or Theory; Pretrial Submissions Required by Rule or Typical Court Order; Logistical Preparations
– Katherine M. Swenson
CHAPTER 17
The Trial
Court Rules Governing Civil Trials; Jury Trial or Bench Trial; Pretrial Matters; The Participants and the Courtroom; Jury Pool; Jury Selection; Preliminary Instructions; Order and Burden of Proof; Opening Statements; Witnesses; Exhibits; Objections to Evidence; Direct Examination; Cross-Examination; Redirect, Recross, and Rebuttal; Types of Evidence; Use of Pleadings and Discovery; Trial Motions; Closing Arguments; Jury Instructions; Verdict Forms; Stipulations Before Case Is Submitted; Jury Deliberations; Return of the Verdict; Concluding a Bench Trial
– Bryce M. Miller
CHAPTER 18
Orders and Judgments
Orders and Judgments Defined and Distinguished; Orders; Judgments; Appendix A – Judgment; Appendix B – Order and Judgment; Appendix C – Amended Order; Appendix D – Amended Findings of Fact, Conclusions of Law, and Order for Judgment; Appendix E – Affidavit of Identification of Judgment Debtor; Appendix F – Notice and Application for Taxation of Costs and Disbursements
– Thomas H. Boyd & Reid J. Golden
CHAPTER 19
Post-Trial Motion Procedures and Appeals
Post-Decision Motions and the Need to Preserve Error; Motions After Trial; Relief from Judgment or Order – MINN. R. CIV. P. 60; Motions for Reconsideration; Stay and Stay of Enforcement Pending Decision on Post-Trial Motions – MINN. R. CIV. P. 58.02 & 62.01; Appellate Court Jurisdiction; Initiating Appeals from District Court Decisions – Appeal Basics
– Kay Nord Hunt
CHAPTER 20
Collection of Judgments
The Judgment; Post-Judgment Remedies; Locating Assets; Appendix A – Garnishment Exemption Notice and Notice of Intent to Garnish Earnings; Appendix B – Garnishment Summons – Earnings; Appendix C – Garnishment Earnings Disclosure Form and Worksheet; Appendix D – Garnishment Notice, Instructions, and Exemption Form; Appendix E – Notice of Levy on Earnings and Disclosure; Appendix F – Notice of Levy and Disclosure (Other than Earnings); Appendix G – Exemption Form; Appendix H – Creditor’s Notice of Objection and Notice of Hearing on Exemption Claim; Appendix I – Creditor’s Objection to Exemption Claim; Appendix J – Timeline for Exemption Claims; Appendix K – Orders; Appendix L – Judgment Collection Checklist with Miscellaneous Documents; Appendix M – Sample Complaint for Renewal of Judgment; Appendix N – Sample Affidavit of Increased Costs
– Stephen E. Schemenauer, Derrick N. Weber & Brianna M. Graham
CHAPTER 21
Vacation of Judgments
Introduction; Relief from Judgment Under Minnesota Rules of Civil Procedure 60.02; Relief from Judgment by Independent Action; Conciliation Court Judgments – A Special Case; Conclusion
– Charles F. Webber & Adam J. Pabarcus
CHAPTER 22
Professionalism
“The First Thing We Do, Let’s Kill All the Lawyers”; Reset the Attorney’s Compass to Professionalism as True North
– Honorable Mary Carroll Leahy
Table of Authorities
Subject Index
JUDICIAL AND ETHICS COMMENTARY PROVIDED BY:
Honorable Robert Birnbaum (Ret.)
Honorable Myron S. Greenberg (Ret.)
Honorable Mary Carroll Leahy
Honorable John R. Rodenberg
Patrick R. Burns (Ret.)
Eric T. Cooperstein
William S. Partridge (Ret.)
Judith M. Rush
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