MN STATE DISTRICT COURT CIVIL PRACTICE DESKBOOK - LINKEDLAW
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ITEM #:  60093800   |   PUBLISHED:  JUNE 30, 2019
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Minnesota State District Court Civil Practice Deskbook, 3rd Edition

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 rule, 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.

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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; Summary Chart of Rules; 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; Trends, Studies and Conclusions; Conclusion
– Honorable James H. Gilbert (Ret.) & Jody E. Nahlovsky

CHAPTER 3
Pre-Filing Considerations
Initial Contact Via Phone; Preparation for Initial Appointment; Initial Appointment; Review and Research After First Visit; Plan for Resolution; Flow Chart Analyzing a Legal Claim’s Likelihood of Success; Example Dual Representation and Consent Letter
– Paul M. Floyd

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; 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, Matthew P. Kostolnik & Kelly C. Engebretson

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; Consent to Conflict Form Letter; Joint Representation Agreement; Introductory Letter to the Insured; Preservation Letter; Introductory Correspondence to Opposing Counsel; Stipulation and Joint Motion for Extension of Time to Answer or Otherwise Plead; Defendant’s Answer to Plaintiff’s Complaint and Affirmative Defenses; Affirmative Defenses that Are Commonly Asserted; 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; Stipulation to Amend; 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
– Peter D. Gray & Brandie Morgenroth

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
– Juan M. Avila & Gregory J. Duncan

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; Basis for Requesting Protective Orders; Burden of Proof; Appeal; Common Issues that Give Rise to Protective Orders; 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 and History of Rule 68; Making an Offer; Accepting an Offer; Cost-Shifting; Rule 68.01 Text With Annotations; Rule 68.02 Text With Annotations; Rule 68.03 Text With Annotations; Rule 68.04 Text With Annotations; Sample Rule 68 Offer
– Deborah Causey Eckland & Daniel J. Singel

CHAPTER 16
Pretrial Preparation
Case Theme or Theory; Pretrial Submissions Required by Rule or Typical Court Order; Logistical Preparations
– Katherine 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; Judgment; Order and Judgment; Amended Order; Amended Findings of Fact, Conclusions of Law, and Order for Judgment; Affidavit of Identification of Judgment Debtor; 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; Garnishment Exemption Notice and Notice of Intent to Garnish Earnings; Garnishment Summons – Earnings; Garnishment Earnings Disclosure Form and Worksheet; Notice of Levy on Earnings and Disclosure; Notice of Levy and Disclosure (Other than Earnings); Exemption Form; Creditor’s Notice of Objection and Notice of Hearing on Exemption Claim; Creditor’s Notice of Objection and Notice of Hearing on Exemption Claim; Creditor’s Objection to Exemption Claim; Exemption Timeline with Exemption Orders; Orders; Judgment Collection Checklist with Miscellaneous Documents; Sample Complaint for Renewal of Judgment; Sample Affidavit of Increased Costs
– Stephen E. Schemenauer & Derrick N. Weber

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

CHAPTER 22
Professionalism
“The First Thing We Do, Let’s Kill All the Lawyers”; Reset the Attorney’s Compass to Professionalism as the True North
– Honorable Mary Caroll 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
Judith M. Rush

  • Affidavit of Identification of Judgment Debtor (Chapter 18)
  • Affidavit of Increased Costs  (Chapter 20)
  • Amended Findings of Fact, Conclusions of Law, and Order for Judgment (Chapter 18)
  • Amended Order (Chapter 18)
  • Complaint for Renewal of Judgment  (Chapter 20)
  • Consent to Conflict Form Letter  (Chapter 7)
  • Creditor’s Notice of Objection and Notice of Hearing on Exemption Claim (Chapter 20)
  • Creditor’s Objection to Exemption Claim (Chapter 20)
  • Defendant’s Answer to Plaintiff’s Complaint and Affirmative Defenses (Chapter 7)
  • Dual Representation and Consent Letter (Chapter 3)
  • Exemption Form (Chapter 20)
  • Garnishment Earnings Disclosure Form and Worksheet (Chapter 20)
  • Garnishment Exemption Notice and Notice of Intent to Garnish Earnings (Chapter 20)
  • Garnishment Summons – Earnings  (Chapter 20)
  • Introductory Correspondence to Opposing Counsel (Chapter 7)
  • Introductory Letter to the Insured  (Chapter 7)
  • Joint Representation Agreement  (Chapter 7)
  • Judgment Collection Checklist With Miscellaneous Documents (Chapter 20)
  • Judgment (Chapter 18)
  • Notice and Application for Taxation of Costs and Disbursements (Chapter 18)
  • Notice of Levy and Disclosure (Other Than Earnings) (Chapter 20)
  • Notice of Levy on Earnings and Disclosure (Chapter 20)
  • Notice of Motion and Motion to Amend  (Chapter 8)
  • Notice of Removal (Chapter 7)
  • Order and Judgment (Chapter 18)
  • Orders (Chapter 20)
  • Preservation Letter (Chapter 7)
  • Rule 68 Offer (Chapter 15)
  • Stipulation and Joint Motion for Extension of Time to Answer or Otherwise Plead (Chapter 7)
  • Stipulation to Amend (Chapter 8)
  • Summons (Chapter 2)

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