Category: Rules

New Rules Clarification

In our ‘Time To Think About New Rules’ post, we referenced amendments to Rules which became effective January 1, 2020. 

The new Rules apply to all further proceedings in cases pending on, or filed on or after, January 1, 2020.

The original amendments to the Rules applied only to cases filed on or after January 1, 2020.  However, additional amendments were made so that the new Rules apply to all cases pending on or after January 1, 2020 as well.

To Review the Orders Regarding the Effective Dates:

Click here for the Minnesota Rules of Civil Procedure Order

Click here for the Minnesota General Rules of Practice Order

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Time To Think About New Rules

Don’t Wait Until After The New Year To Start Thinking About New Rules Which Go Into Effect January 1, 2020. Here are some new Rules to start thinking about now.

Scheduling a Motion Hearing in Family Court?

Per the new Minnesota Rules of Family Court Procedure: 

A.  Include the following statement in your Notices:
The Rules establish deadlines for responding to motions. All responsive pleadings shall be served and filed with the court administrator no later than 7 days before the scheduled hearing. The court may, in its discretion, disregard any responsive pleadings served or filed with the court administrator less than 7 days before such hearing in ruling on the motion or matter in question.
Rule 303.01(c)

B.  Calendar the new deadlines as follows:
•   Initial motions will need to be served and filed at least 21 days before the hearing. 
Rule 303.03(a)(1)

•   Responsive motions raising new issues will need to be served and filed at least 14 days before the hearing.  
Rule 303.03(a)(2)

•   Responses to initial motions and responsive motions will need to be served and filed at least 7 days before the hearing.  
Rule 303.03(a)(3)

Click here to Review the above Rules effective January 1, 2020 now.

Calendaring Deadlines in 2020?

Be sure to review the new Minnesota Rules of Civil Procedure on Computation of Time: 

•   General Computation of Time:  Rule 6.01(a)

•   Definition of Last Day:  Rule 6.01(b)

•   Definition of Next Day:  Rule 6.01(c)

•   Definition of Legal Holiday:  Rule 6.01(d) (refers to Minn. Stat. §645.44, subd. 5)

•   Additional Time After Service by Mail or Service Late in the Day:  Rule 6.01(e)

Click here to Review the above Rules effective January 1, 2020 now.

Click here to Review Minn. Stat. 645.44 now.

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