Edited by David R. Crosby & Mary E. Schwind
A Terrific Deskbook for Civil Litigators!
The Federal District of Minnesota Civil Practice Deskbook is a user-friendly practice aid for those bringing and defending civil cases in Minnesota federal district court in the U.S. District Court of Minnesota. A team of more than 40 attorneys and judges have contributed their insights to this outstanding resource, co-edited by seasoned litigators David R. Crosby and Mary E. Schwind.
Practice tips, judicial commentary, and ethics notes provide insight into the minds of these experienced practitioners and judges. The Deskbook chapters include numerous tips that go beyond the law to share real-world expert advice. Reading these tips is like having these experienced practitioners and judges in the room with you, answering your questions, and guiding you through aspects of your case. The Deskbook is also easy to use, replete with authority – case, rule, and statutory. Find what you are looking for through detailed chapter tables of contents, the thorough keyword index, and the table of authorities.
The Deskbook is written with the practicing attorney in mind. Whether you’re evaluating a case, preparing 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 in federal district court – this new Deskbook is an invaluable resource. It’s a new “must have” for the civil litigator. It covers an incredible range of practice issues, providing you with the orientation, the analysis, and the authorities you need. There’s no doubt – you’ll be “smarter” and more effective using the Federal District of Minnesota Civil Practice Deskbook.
The 2017 Update to the Federal District of Minnesota Civil Practice Deskbook includes updates and revisions to 19 chapters, including E-Filing, The Complaint and Commencing the Action, Removal From/Remand to State Court, Amendment of Pleadings, Role and Authority of Magistrate Judges, E-Discovery, Expert Disclosures and Challenges, Rule 68 Offers, Trial Considerations, Post-Trial Motion Procedures and Appeals, and many more! The expert authors review new case law from federal courts, from the United States Supreme Court down to local district courts. They also review changes to statutes and federal rules, including the new changes to the Federal Rules of Civil Procedure and their impact on e-discovery.
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What Governs Federal District Court Civil Practice and Procedure in the District of Minnesota
Overview; The United States Constitution; United States Statutes; Federal Rule of Practice and Procedure; Local Rules for the United States District Court for the District of Minnesota; Case Management/Electronic Case Filing Procedures; Judges’ Orders and Preferences
– Cynthia A. Bremer & Ashlee A. Wenger-Slaba
Electronic Filing System and Requirements; Forms Appendix
– Lou Jean Gleason
Initial Considerations Before Commencing Action
Introduction; Pre-Suit Investigation and Determination; Determining Statutes of Limitations; Subject Matter and Personal Jurisdiction; Final Checklist Items
– Seth Leventhal
The Complaint and Commencing the Action
Overview; Form of Pleadings, Generally; Role of Summons and Complaint; Avoiding Motions for Dismissal and Judgment on the Pleadings Under Rule 12; Means for Effecting Service; Documents the Lawyer is Required to File; Methods of Filing; Filing Fees; Deficient Filing; Filing Under Seal; Federal Rule of Civil Procedure 11; Seeking Temporary Injunctive Relief; Appendix A – Sample Complaint
– Steven Andrew Smith
Removal From/Remand to State Court
General Information; Procedure; Effect on Other Pleadings; Motions for Remand; Miscellaneous
– Emily E. Duke & Erin M. Secord
The Response to the Complaint
Receiving and Reviewing the Complaint; Evaluating Venue; Evaluating Jurisdiction; Considering Other Important Factors at the Response Stage; Responding Within Required Timeframe; Choosing the Form/Type of Response; Drafting Answer; Selecting and Serving Motions; Evaluating and Bringing Counterclaims and Cross-Claims; Evaluating Complaint for Proper Parties and Claims; Responding to Pro Se Complaints – Special Considerations; Appendix A – Stipulation for Extension of Time to Answer or Otherwise Respond to Plaintiff’s Complaint; Appendix B – Proposed Order for Extension of Time to Answer or Otherwise Respond to Plaintiff’s Complaint; Appendix C – Defendant’s Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff’s Complaint; Appendix D – Affirmative Defenses Cheat Sheet
– Patricia Y. Beety
Amendment of Pleadings
Amendments Defined; Amendments as a Matter of Course; Amendments by Consent of Adverse Party or By Leave of Court; Specific Amendments; Amendments to Conform to the Evidence; Relation Back of Amendments; Supplemental Pleadings
– Melissa Raphan & Joel O’Malley
Initial Contact with the Court: Creation and Modification of a Scheduling Order and a Protective Order
Introduction; Sequence of Initial Events; Judicial Assignment; Federal Rule of Civil Procedure 26(f) Conferences and Reports; Federal Rule of Civil Procedure 26 Disclosures; Federal Rule of Civil Procedure 16 Conferences and Scheduling Orders; Motions to Amend a Scheduling Order; Appendix A – Example Orders and Forms; Appendix B – Orders With Variances from Local Rule Requirements Regarding Motion Practice; Appendix C – Forms in Local Rules for the District of Minnesota; Appendix D – Sample Pretrial Scheduling Orders; Appendix E – Sample Pretrial Case Management Order (Patent Cases); Appendix F – Sample Protective Orders
– Jeannine L. Lee & Katherine Moerke
Role and Authority of Magistrate Judges
Introduction; History and Growth of the Magistrate Judge Position; Magistrate Judge Functions; Strategy and Settlement Conferences; Appendix A – Sample Order/Notice of Settlement Conference
– Mary E. Schwind
Interrogatories to Parties – Federal Rule of Civil Procedure 33; Requests for Production – Federal Rule of Civil Procedure 34; Requests for Admission – Federal Rule of Civil Procedure 36; Third-Party Subpoenas – Federal Rule of Civil Procedure 45; Discovery Sanctions – Federal Rule of Civil Procedure 37
– Ellen A. Brinkman
Introduction; Indentify: Initial Client Assessment and Meeting – Scope of ESI; Preservation; Meet and Confer: Early E-Discovery Plan; Collect; Process Data; Review; Production; E-Discovery Motion Practice; Presentation; Conclusion; Additional Resources
– Damien A. Riehl
The Law Governing Deposition Practice; Reasons for Taking a Deposition; Preparing to Take a Deposition; Taking Discovery Depositions; Defending a Discovery Deposition; Deposition Transcripts; Things to Remember After Discovery Deposition; Using Discovery Depositions; Taking and Using Trial Depositions
– Kristine M. Boylan & Katherine E. Muller
Expert Disclosures and Challenges
The Expert Disclosure – Preliminary Consideration; The Form and Content of Expert Disclosures; Challenging the Expert
– David T. Schultz
Nondispositive Motions Defined; Formal Requirements Applicable to Papers Filed in Support Of, or Opposition To, a Nondispositive Motion; Obtaining the Hearing Date; Service and filing of Motion Papers; Oral Argument; Motion for Reconsideration; Common Types of Nondispositive Motions; Meet-And-Confer Requirements; Appendix A – Sample Motion to Compel Document Production; Appendix B – Sample Notice of Hearing on Motion to Compel Document Production; Appendix C – Sample Certificate of Compliance; Appendix D – Sample Meet-And-Confer Statement
– Deborah A. Ellingboe
Dispositive Motions Defined; Meet-And-Confer Requirements; Obtaining the Hearing Date; Formal Requirements Applicable to Dispositive Motions; Service and Filing of Motion Papers; Oral Argument; Motions for Reconsideration
– T.J. Conley
Class Certification; Propriety of Certification – Factors; Federal Rule of Civil Procedure 23(b) – certification by Alternative Grounds; Discovery; Settlement or Trial; Cy Pres Doctrine; Class Representatives; Class Action Fairness Act of 2005
– Will F. Stute
Rule 68 Offers
Introduction; History and Amendments; Law Governing; Application; Method and Timing of Offer; Method and Timing of Acceptance; Revocation During 14-Day Period; Effect of Failure to Accept; Penalty for Plaintiff’s Failure to Accent An Offer More Favorable Than the Resulting Judgment; Federal Rule of Civil Procedure 68 Does Not Apply If the Defendant Wins; Final Method of Determination; Offer After Liability is Determined; Recoverable Costs Generally; Mootness Doctrine; Civil Rights Litigation; Class Actions; Rule 68 Language Must Be Specific; State Rule Distinguished; Criticism; Appendix A – Federal Rule of Civil Procedure 68 Language and Comment; Appendix B – Forms: Sample Rule 68 Offer
– Richard J. Thomas
Introduction; Documents Required to be Submitted Prior to Trial for All Cases; Additional Submissions for Jury Trials; Additional Submissions for Bench Trials; Review Expert Witness Disclosures; Case Theme or Theory; Logistical Preparations
– Larry D. Espel
Introduction; 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; Direct Examination; Cross-Examination; Redirect, Recross, and Rebuttal; Objections to Evidence; Types of Evidence; Exhibits; Use of Pleadings and Discovery; Trial Motions; Closing Arguments; Jury Instructions; Verdict Forms; Jury Deliberations; Return of Verdict; Concluding a Bench Trial; Post-Trial Motions; Appendix A – Judges Practice Pointers and Preferences
– Joseph W. Anthony & Brooke D. Anthony
Post-Trial Motion Procedures and Appeals
Post-Trial Motions; Motions During Trial; Appeals
– David A. Allgeyer & Carrie Ryan Gallia
Judicial Control and Sanctions
Introduction; Sanctions as Judicial Control of Litigation in General; Sanctions as Judicial Control of Litigation Concerning Cases in an Ever Expanding E-World; Conclusion
– Justin D. Cummins
Table of Authorities
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