Minnesota Legislature
HF 2385
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 04:10pm
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A bill for an act
relating to civil actions; adjusting certain time limits relating to the certification
of expert review because of recent amendments to the Minnesota Rules of Civil
Procedure; amending Minnesota Statutes 2012, sections 145.682, subdivisions 2,
4; 544.42, subdivisions 2, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 145.682, subdivision 2, is amended to read:
Subd. 2.
Requirement.
In an action alleging malpractice, error, mistake, or failure
to cure, whether based on contract or tort, against a health care provider which includes a
cause of action as to which expert testimony is necessary to establish a prima facie case,
the plaintiff must: (1) unless otherwise provided in subdivision 3, paragraph (b), serve
upon defendant with the summons and complaint an affidavit as provided in subdivision 3;
and (2) serve upon defendant within 180 days after commencement of deleted text begin the suitdeleted text end new text begin discovery
under the Rules of Civil Procedure, rule 26.04(a)new text end an affidavit as provided by subdivision 4.
Sec. 2.
Minnesota Statutes 2012, section 145.682, subdivision 4, is amended to read:
Subd. 4.
Identification of experts to be called.
(a) The affidavit required by
subdivision 2, clause (2), must be signed by each expert listed in the affidavit and by the
plaintiff's attorney and state the identity of each person whom plaintiff expects to call as
an expert witness at trial to testify with respect to the issues of malpractice or causation,
the substance of the facts and opinions to which the expert is expected to testify, and
a summary of the grounds for each opinion. Answers to interrogatories that state the
information required by this subdivision satisfy the requirements of this subdivision if
they are signed by the plaintiff's attorney and by each expert listed in the answers to
interrogatories and served upon the defendant within 180 days after commencement of deleted text begin the
suitdeleted text end new text begin discovery under the Rules of Civil Procedure, rule 26.04(a)new text end deleted text begin against the defendantdeleted text end .
(b) The parties or the court for good cause shown, may by agreement, provide for
extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in
this subdivision may be construed to prevent either party from calling additional expert
witnesses or substituting other expert witnesses.
(c) In any action alleging medical malpractice, all expert interrogatory answers must
be signed by the attorney for the party responding to the interrogatory and by each expert
listed in the answers. The court shall include in a scheduling order a deadline prior to the
close of discovery for all parties to answer expert interrogatories for all experts to be
called at trial. No additional experts may be called by any party without agreement of
the parties or by leave of the court for good cause shown.
Sec. 3.
Minnesota Statutes 2012, section 544.42, subdivision 2, is amended to read:
Subd. 2.
Requirement.
In an action against a professional alleging negligence or
malpractice in rendering a professional service where expert testimony is to be used by a
party to establish a prima facie case, the party must:
(1) unless otherwise provided in subdivision 3, paragraph (a), clause (2) or (3), serve
upon the opponent with the pleadings an affidavit as provided in subdivision 3; and
(2) serve upon the opponent within 180 days new text begin of commencement of discovery under
the Rules of Civil Procedure, rule 26.04(a) new text end an affidavit as provided in subdivision 4.
Sec. 4.
Minnesota Statutes 2012, section 544.42, subdivision 4, is amended to read:
Subd. 4.
Identifying experts to be called; adding or substituting experts.
(a) The
affidavit required by subdivision 2, clause (2), must be signed by the party's attorney and
state the identity of each person whom the attorney expects to call as an expert witness
at trial to testify with respect to the issues of negligence, malpractice, or causation,
the substance of the facts and opinions to which the expert is expected to testify, and
a summary of the grounds for each opinion. Answers to interrogatories that state the
information required by this subdivision satisfy the requirements of this subdivision if
they are signed by the party's attorney and served upon the opponent within 180 days
after commencement deleted text begin of the actiondeleted text end new text begin of discovery under the Rules of Civil Procedure, rule
26.04(a)new text end deleted text begin against the defendant or within 180 days after service of the affidavit required by
subdivision 3, paragraph (a), clause (2) or (3)deleted text end .
(b) The parties by agreement, or the court for good cause shown, may provide for
extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in
this subdivision prevents any party from calling additional expert witnesses or substituting
other expert witnesses.
Sec. 5. new text begin EFFECTIVE DATE; APPLICATION.
new text end
new text begin
Sections 1 to 4 are effective the day following final enactment and apply to causes of
action commenced on or after that date.
new text end