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 […]
The Minnesota Supreme Court is considering an array of proposed amendments to the court rules. Many are occasioned by the move to e-filing and digital court records. One new rule will make everything easier. It will simply require that all documents filed be consecutively numbered. So, for example, an affidavit with exhibits will have to […]
We are moving rapidly towards e-filing and digitization of Minnesota court filings. More records will be accessible via home computers. Many of those that aren’t available that way will be available from courthouse computers. And from any courthouse computer, so that documents filed in, say, a case docketed in Ramsey County will be available from […]
An advisory committee to the Minnesota Supreme Court has recommended some changes to the Minnesota Rules of Civil Procedure. We litigators need to understand two of the proposed changes. One proposed amendment will provide some narrow grounds for rejecting documents for e-filing. For example, pleadings can be rejected if they list the wrong file number […]
Here are some things to know about the new Minnesota appellate rules that went into effect July 1. No certified copy of the judgment or order you are appealing is required with the notice of appeal. (But an uncertified copy must be included.) You need to file a paper copy of your […]
Should Minnesota courts adopt Twombly/Iqbal standards for pleading? That’s the question the Minnesota Supreme Court considered last week The pleading standard lawyers all learned in law school was Conley v. Gibson. That said, a complaint was viable unless it appeared beyond doubt that the plaintiff could prove no set of facts entitling him or her to relief. […]
The New Appellate Rules: Three Twists New appellate rules for the Minnesota courts were just released and go into effect on July 1. The rules accompany the appellate courts’ conversion to digital records. Last week I gave you an overview of the new rules. Here are three little wrinkles to those rules: First, even though briefs […]
Last week the Minnesota Supreme Court issued its highly anticipated decision in the DWI source code litigation. You can read a previous post about the oral arguments here. The Court affirmed the district court’s order, which held mostly for the State. Briefly, the Court held that the source code challenge did not raise questions as […]