- SO JUST MAKE SURE THE
COURT ADMINISTRATOR NEVER, NEVER
TAKES ANYONE'S DOCUMENTS &
THEN YOU WILL NEVER, NEVER LOSE
See MINN. R. CIV. P. 52.02
(motion for amended findings).
Rule 52. Findings by the Court
Upon motion of a party served and heard not later than the time allowed for a motion
for new trial pursuant to Rule 59.03, the court may amend its findings or make additional
findings, and may amend the judgment accordingly if judgment has been entered.
The motion may be made with a motion for a new trial and may be made on the files,
exhibits, and minutes of the court.
When findings of fact are made in actions tried by the court without a jury, the question
of the sufficiency of the evidence to support the findings may thereafter be raised whether
or not the party raising the question has made in the district court an objection to such
findings or has made a motion to amend them or a motion for judgment.
(Amended effective March 1, 2001.)
- Advisory Committee Comment--2000 Amendments
Although the text of this Rule 52.02 is not changed substantively by these amendments, it is worth
noting that Rule 59.03, governing the time for filing a motion for a new trial is changed to expand
the time from 15 days to 30 days for filing motion and from 30 days to 60 days for having the
This amendment has the practical effect of extending the time for filing a motion for amended
findings under Rule 52 because Rule 52.02 incorporates the filing and hearing time limits of Rule 59.
- MOTION TO AMEND FINDINGS
ON THE FILES, EXHIBITS, AND MINUTES
OF THE RECORD
- WHICH DO NOT EXIST
BECAUSE YOU HAVE INSTRUCTED THE
COURT ADMINISTRATOR TO RECEIVE
NO DOCUMENTS IN DIRECT VIOLATION
OF THE SCOPE & PURPOSE OF HER OFFICE
- CHALLENGE THE SUFFICIENCY OF THE EVIDENCE
- MAKE A STATEMENT OF THE RECORED
MAKE AN AFFIDAVIT AFTER EVERY
COURT HEARING AND BRING WITNESSES
AND HAVE THEM MAKE AFFIDAVITS TOO
HIRE YOUR OWN COURT REPORTER
- MAKE ARRANGEMENTS TO ACQUIRE TRANSCRIPT
FROM COURT REPORTER OR RECORDING OF HEARINGS.
60.02 Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
- On motion and upon such terms as are just, the court may relieve a party or the party’s legal representatives from a final judgment
(other than a marriage dissolution decree), order, or proceeding and may order a new trial or grant such other relief as may be just
for the following reasons:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial
pursuant to Rule 59.03;
(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) The judgment has been satisfied, released, or discharged or a prior judgment upon which it is based has been reversed or
otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(f) Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (a), (b), and (c) not more than one year after the judgment, order,
or proceeding was entered or taken. A Rule 60.02 motion does not affect the finality of a judgment or suspend its operation.
This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding,
or to grant relief to a defendant not actually personally notified as provided in Rule 4.043, or to set aside a judgment for fraud upon the
Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the
procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
(Amended effective March 1, 1994.)
Advisory Committee Comment--1993 Amendments
The only change made to this rule is to correct the reference to marriage dissolution as that is the current name for the proceeding.
This amendment is intended to be consistent with similar amendments to the rules made in 1988.
- SCOPE & PRRPOSE
- ADMINISTRATIVE NON-COMPLIANCE
VEXATIOUS LITIGATION; FALSE CLAIMS
- JUDGE IS ACTING IN AN
WHEN HE IS
AN ADMINISTRATIVE ATTORNEY
(in spite of)
FIRST OF ALL,
THERE IS NO
50.02(c) in MN RCP.
SEE FEDERAL RULES
RULE 50. JUDGMENT AS A MATTER OF LAW IN A JURY
TRIAL; RELATED MOTION FOR A NEW TRIAL;
- (c) GRANTING THE RENEWED MOTION; CONDITIONAL RULING ON A MOTION FOR A NEW TRIAL.
- (1) In General.
If the court grants a renewed motion for judgment as a matter of law,
it must also conditionally rule on any motion for a new trial by determining
whether a new trial should be granted if the judgment is later vacated or
The court must state the grounds for conditionally granting or denying the
motion for a new trial.
- (2) Effect of a Conditional Ruling.
Conditionally granting the motion for a new trial does not affect the judgment's finality;
if the judgment is reversed, the new trial must proceed unless the appellate court orders
If the motion for a new trial is conditionally denied, the appellee may assert error in that
denial; if the judgment is reversed, the case must proceed as the appellate court orders.
- IIMAGE FROM 2012 MN RCP
1. A jury's finding or decision on the factual issues of a case.
[Cases: Criminal Law 870–894; Federal Civil Procedure 2191; Trial 318. C.J.S. Criminal Law §§ 1395–1414,
1500–1501, 1512, 1532, 1543; Trial§§ 818–819, 821, 846–847.]
2. Loosely, in a nonjury trial, a judge's resolution of the issues of a case.
[Cases: Federal Civil Procedure 2251; Trial 387. C.J.S. Trial §§ 1067–1069, 1071–1072.]
Black's Law Dictionary (8th ed. 2004) , Page 4830
1. A court's final determination of the rights and obligations of the parties in a case.
The term judgment includes an equitable decree and any order from which an appeal lies.
Fed. R. Civ. P. 54. — Abbr. J. — Also spelled (esp. in BrE) judgement. — Also termed (historically)
judgment ex cathedra.
Cf. RULING(1); OPINION(1).
[Cases: Federal Civil Procedure 2391–2628; Judgment 1. C.J.S. Judgments §§ 2–3, 6, 8, 13.] 2.
English law. An opinion delivered by a member of the appellate committee of the
House of Lords; a Law Lord's judicial opinion. —
Also termed (in sense 2) speech.
“An action is instituted for the enforcement of a right or the redress of an injury. Hence a
judgment, as the culmination of the action declares the existence of the right, recognizes the
commission of the injury, or negatives the allegation of one or the other. But as no right can exist
without a correlative duty, nor any invasion of it without a corresponding obligation to make
amends, the judgment necessarily affirms, or else denies, that such a duty or such a liability rests
upon the person against whom the aid of the law is invoked.” 1 Henry Campbell Black, A Treatise
on the Law of Judgments§ 1, at 2 (2d ed. 1902).
Black's Law Dictionary (8th ed. 2004) , Page 2463 - 2471
- RULE 54. JUDGMENT; COSTS
- JUDICIAL ECONOMY
Efficiency in the operation of the courts and the judicial system; esp., the efficient management of litigation so as to
minimize duplication of effort and to avoid wasting the judiciary's time and resources.
A court can enter a variety of orders to promote judicial economy.
For instance, a court may consolidate two cases for trial to save the court and the parties from
having two trials, or it may order a separate trial on certain issues if doing so would provide the
opportunity to avoid a later trial that would be more complex and time-consuming.
An exemption from the final-judgment rule, by which a party may seek immediate appellate review of a nonfinal order
if doing so might establish a final or nearly final disposition of the entire suit.
See FINAL-JUDGMENT RULE.
[Cases: Appeal and Error 68; Federal Courts 572. C.J.S. Appeal and Error §§ 82–84.]
Black's Law Dictionary (8th ed. 2004) , Page 2476
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A new trial may be granted to all or any of the parties and on all
or part of the issues for any of the following causes:
- 59.01(a) Irregularity in the proceedings of the court, referee, jury, or prevailing party, or any order or
abuse of discretion, whereby the moving party was deprived of a fair trial;
- 59.01(b) Misconduct of the jury or prevailing party;
- 59.01(c) Accident or surprise which could not have been prevented by ordinary prudence;
- 59.01(d) Material evidence newly discovered, which with reasonable diligence could not have been
found and produced at the trial;
- 59.01(e) Excessive or insufficient damages, appearing to have been given under the influence of
passion or prejudice;
59.01(f) Errors of law occurring at the trial, and objected to at the time or, if no objection need have
been made pursuant to Rules 46 and 51, plainly assigned in the notice of motion;
- Rule 46. Exceptions Unnecessary
Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception
has heretofore been taken it is sufficient that a party, at the time the ruling or order of the court is made or
sought, makes known to the court the action which the party desires the court to take or any objection to the
action of the court and the grounds therefor; and, if a party has no opportunity to object to a ruling or order at
the time it is made, the absence of an objection does not thereafter prejudice the party.
A minute of the objection to the ruling or order shall be made by the judge or reporter.
- Rule 51.
Instructions to the Jury; Objections; Preserving a Claim of Error
- 59.01(g) The verdict, decision, or report is not justified by the evidence, or is contrary to law; but,
unless it be so expressly stated in the order granting a new trial, it shall not be presumed, on appeal,
to have been made on the ground that the verdict, decision, or report was not justified by the evidence.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one
has been entered, take additional testimony, amend findings of fact and conclusions of law or make
new findings and conclusions, and direct entry of a new judgment.
- WILLFUL, WANTON, MALICIOUS, ONGOING REFUSAL TO RESPOND TO DISCOVERY DEMANDS
AND F.O.I.A. CLAIMS; IS NOT A MISTAKE, IS NOT A SUPRISE,
IS NOT NEW EVIDENCE, IT IS RACKETEERING AND MOB BEHAVIOR
59.02 Basis of Motion
A motion made pursuant to Rule 59.01 shall be made and heard on the files, exhibits, and minutes of the court.
Pertinent facts that would not be a part of the minutes may be shown by affidavit.
A full or partial transcript of the court reporter’s notes may be used on the hearing of the motion.
Advisory Committee Comment-
- The single purpose of the amendment of this Rule 59.03 in 2000 is to create a longer and
more reasonable period in which to hear post-trial motions.
- At the time this rule was adopted, post-trial motions were often heard in a somewhat
perfunctory manner and court assignment practices permitted the scheduling of cases in
- This amendment will also reduce, although not eliminate, the potential consequences of failing
to have a post-trial motion heard in a timely manner.
- The change in Rule 59 will serve to extend the deadline for other post-trial motions as well,
because the current rules specifically tie the deadlines for those motions to Rule 59.
- See MINN. R. CIV. P. 50.02(c) (judgment notwithstanding the verdict);
- It will also have an indirect impact on Rule 60.02(b), which allows for relief from an order or judgment
on the grounds of newly discovered evidence which could not have been discovered in time to move
for a new trial.
- This latter impact will be negligible.
59.03 Time for Motion
- A notice of motion for a new trial shall be served within 30 days after a general verdict or service of notice by a party of the
filing of the decision or order; and the motion shall be heard within 60 days after such general verdict or notice of filing,
unless the time for hearing be extended by the court within the 60-day period for good cause shown.
59.04 Time for Serving Affidavits
- When a motion for a new trial is based upon affidavits, they shall be served with the notice of motion.
The opposing party shall have ten days after such service in which to serve opposing affidavits, which
period may be extended by the court pursuant to Rule 59.03.
The court may permit reply affidavits.
59.05 On Initiative of Court
- Not later than 15 days after a general verdict or the filing of the decision or order, the court upon its own initiative
may order a new trial for any reason for which it might have granted a new trial on motion of a party.
After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new
trial, timely served, for a reason not stated in the motion.
In either case, the court shall specify in the order the grounds therefor.
59.06 Stay of Entry of Judgment
- A stay of entry of judgment pursuant to Rule 58 shall not be construed to extend the time within which a party may serve a motion hereunder.
unsafe,adj. (Of a verdict or judgment) likely to be overturned on appeal
because of a defect.
Black's Law Dictionary (8th ed. 2004) , Page 4781
THIS XMind map was authorized by
EXECUTIVE VICE PRESIDENT OF
Lisa Stinocher O'Hanlon
on April 9 2013.
All Minnesota Statutes are Copyright © 2012 by the
Office of the Revisor of Statutes, State of Minnesota.
All Rights Reserved.
- Distribution copy. This document is copyright free; and is NOT FOR SALE at any cost; VOID WHERE PROHIBITED.