The Judge ruled against the motion in limine you brought before trial.  You didn’t raise that in a new trial motion.  May you challenge the ruling on appeal?  In Bhakta, the Minnesota Court of Appeals said, “no.”  The Minnesota Supreme Court disagreed.  In a new decision in the case, the Minnesota Supreme Court said, […]

July 1, 2018.  Amendments to the Minnesota Rules of Civil Procedure will take effect on that day.   Many of the proposed amendments will bring Minnesota’s civil procedure rules into conformity with the federal rules. Parts of rule 56 governing summary judgment will be amended. It is hard to compare the rule 56 provisions as they […]

    Judicial Independence Day – June 12 – marks the passage of the Act of Settlement in England in 1701.  For the first time, the King of England could not remove judges at will.  Judges could be removed only by Parliament, and served for life during “good behavior.”   This was an important step towards […]

When I started practicing law, I thought that all legal matters started with a complaint and an answer, then proceeded to trial, with a judgment, and then maybe an appeal. Come to find out that there’s this whole category of “special proceedings” that are different. Special proceedings usually start with a petition or a motion, […]

Minnesota litigators all know the basic rules for calculating deadlines under the Minnesota Rules of Civil Procedure.  For example, we know that weekends and holidays are excluded in calculating deadlines for time periods less than 7 days.  That rule – and other rules governing time calculations – may be changing down the road. The Minnesota […]

Writs of certiorari are an important part of the appellate toolbox. Writs of certiorari are their own kind of appeal, and they are not well understood by Minnesota litigators.  Certiorari matters are not like the usual civil case that starts in the district court and then proceeds to the appellate courts.  These matters instead start […]

Update:   It’s a time of transition.  The Twins season is winding down.  And the Minnesota Supreme Court is issuing the last of its decisions from the past term. Two important decisions were just released:  Gams and Cole.  These cases decide how two rules mesh – rule 5.04(a) and rule 60.02. Rule 5.04(a) was amended […]

  The latest from the Minnesota Supreme Court:  New amendments to the rules of civil appellate procedure were just adopted. As it happens, the amendments were mostly technical.  The amendments correct some inconsistencies in the rules and fine-tune them. A couple of the amendments are worth some special attention. Rule 128.03 now clarifies how parties […]

  Update:  All  appellate filings must be filed electronically effective July 1, 2016.  Paper copies of briefs must also be filed.  The number of paper briefs to be filed is set by standing orders issued by the Courts.  The number of paper copies of briefs filed in the Minnesota Supreme Court has now been reduced. […]

  In everyday life, emotion and reason are not separate, and both play a role in making decisions.  But we as lawyers like to think that reason and logic control in legal decision-making, especially in appellate work.  As lawyers, we train ourselves to look at things methodically and analytically.  Still, emotion plays a strong part […]