The purpose of this rule is to provide a uniform system for scheduling matters for disposition and trial in civil cases, excluding only the following:
(a) Conciliation court actions and conciliation court appeals where no jury trial is demanded;
(c) Public assistance appeals under Minnesota Statutes, section 256.045, subdivision 7;
(d) Unlawful detainer actions pursuant to Minnesota Statutes, sections 504B.281, et seq.;
(e) Implied consent proceedings pursuant to Minnesota Statutes, section 169.123;
(f) Juvenile court proceedings;
(g) Civil commitment proceedings subject to the Special Rules of Procedure Governing Proceedings Under the Minnesota Commitment Act of 1982;
(h) Probate court proceedings;
(i) Periodic trust accountings pursuant to Minn. Gen. R. Prac. 417;
(j) Proceedings under Minnesota Statutes, section 609.748, relating to harassment restraining orders;
(k) Proceedings for registration of land titles pursuant to Minnesota Statutes, chapter 508;
(l) Election contests pursuant to Minnesota Statutes, chapter 209;
(m) Applications to compel or stay arbitration under Minnesota Statutes, chapter 572;
(n) consumer credit contract actions (see Case Type 3A, Minn. R. Civ. P. Form 23); and
(o) mechanics' lien actions.
The court may invoke the procedures of this rule in any action where not otherwise required.
(Amended effective January 1, 1993; amended effective January 1, 1994; amended effective January 1, 2000; amended effective September 5, 2001; amended effective January 1, 2010.)
The parties may submit scheduling information to the court as part of the civil cover sheet as provided in Rule 104 of these rules.
(Amended effective July 1, 1994, and shall supersede Second Judicial District Local Rules 5 and 25 and Fourth Judicial District Local Rule 5 to the extent inconsistent therewith; amended effective July 1, 2013.)
(a) When issued. No sooner than the due date of the last civil cover sheet under Rule 104, and no longer than 90 days after an action has been filed, the court shall enter its scheduling order. The court may issue the order after either a telephone or in-court conference, or without a conference or hearing if none is needed.
(b) Contents. The scheduling order shall provide for alternative dispute resolution as required by Rule 114.04(c) and shall establish a date for the completion of discovery. The order may also establish any of the following:
(1) Deadlines for joining additional parties, whether by amendment or third-party practice;
(2) Deadlines for bringing nondispositive or dispositive motions;
(3) Deadlines or specific dates for submitting particular issues to the court for consideration;
(4) A deadline for completing any independent physical, mental or blood examination pursuant to Minn. R. Civ. P. 35;
(6) Deadlines for filing any pretrial submissions, including proposed instructions, verdicts, or findings of fact, witness lists, exhibits lists, statements of the case or any similar documents;
(7) Whether the case is a jury trial, or court trial if a jury has been waived by all parties;
(8) Identification of interpreter services (specifying language and, if known, particular dialect) any party anticipates will be required for any witness or party;
(9) A date for submission of a Joint Statement of the Case pursuant to Minn. Gen. R. Prac. 112; or
(10) A trial date.
(Amended effective July 1, 1994, and shall supersede Second Judicial District Local Rules 5 and 25 and Fourth Judicial District Local Rule 5 to the extent inconsistent therewith; amended effective March 1, 2009; amended effective July 1, 2013.)
A scheduling order pursuant to this rule may be amended at a pretrial conference or upon motion for good cause shown. Except in unusual circumstances, a motion to extend deadlines under a scheduling order shall be made before the expiration of the deadline. The court may issue more than one scheduling order.
(a) Collaborative Law Defined. Collaborative law is a process in which parties and their respective trained collaborative lawyers and other professionals contract in writing to resolve disputes without seeking court action other than approval of a stipulated settlement. The process may include the use of neutrals as defined in Rule 114.02(b), depending on the circumstances of the particular case. If the collaborative process ends without a stipulated agreement, the collaborative lawyers must withdraw from further representation.
(b) Deferral from Scheduling. Where the parties to an action request deferral in a form substantially similar to Form 111.03 and the court has agreed to attempt to resolve the action using a collaborative law process, the court shall defer setting any deadlines for the period specified in the order approving deferral.
(c) Additional ADR following Collaborative Law. When a case has been deferred pursuant to subdivision (b) of this rule and is reinstated on the calendar with new counsel or a collaborative law process has resulted in withdrawal of counsel prior to the filing of the case, the court should not ordinarily order the parties to engage in further ADR proceedings without the agreement of the parties.
(Added effective January 1, 2008.)