TIME ISSUES

Floating Topic
RELATIONSHIP BETWEEN RULES OF GENERAL PRACTICE AND RULES OF CIVIL PROCEDURE
MOTION CAN NEVER BE LESS THAN TEN DAYS BEFORE A HEARING
1. 5
  1. FEDERAL RULE 5. SERVING AND FILING PLEADINGS AND OTHER PAPERS.pdf
    1. MN RCP Rule 5.Service and Filing of Pleadings and Other Papers.pdf
      1. 5.02 Service; How Made (a) Methods of Service. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service 3/19/13 Rule 5. - CIVIL PROCEDURE - Minnesota Court Rules https://www.revisor.mn.gov/court_rules/rule.php?name=cp-5 2/11 upon the party is ordered by the court. Written admission of service by the party or the party's attorney shall be sufficient proof of service. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party; transmitting a copy by facsimile machine to the attorney or party's office; or by mailing a copy to the attorney or party at the attorney's or party's last known address or, if no address is known, by leaving it with the court administrator. Delivery of a copy within this rule means: Handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the attorney's or party's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. If service is either authorized or required to be made by electronic means by these rules, delivery shall be accomplished by compliance with subdivision (b) of this rule. (b) E-Service. Service of all documents after the original complaint may, and where required by these rules shall, be made by electronic means other than facsimile transmission if authorized by Rule 14 of the Minnesota General Rules of Practice and if service is made in accordance with that rule. (c) Effective Date of Service. Service by mail is complete upon mailing. Service by facsimile is complete upon completion of the facsimile transmission. Service by authorized electronic means using the court's E-Filing System as defined by Rule 14 of the Minnesota General Rules of Practice is complete: (1) upon completion of the electronic transmission of the document(s) to the E-Filing System if the E-Filing System service command is used; and (2) upon acceptance of the electronic filing by the court, as provided in Rule 14, if the E-Filing System joing service and filing command is used. (d) Technical Errors; Relief. Upon satisfactory proof that electronic filing or electronic service of a document was not completed, any party may obtain relief in accordance with Rule 14.01(f) of the General Rules of Practice. That relief may be available because of: (1) an error in the transmission of the document to the authorized electronic filing and service system that was unknown to the sending party; (2) a failure of the system to process the document when received; or (3) other technical problems experienced by any party or system. The court may enter an order permitting the document to be deemed filed or served as of the date it was first attempted to be transmitted electronically. If appropriate, the court may adjust the schedule for responding to these documents or the court's hearing, or provide other relief. (Amended effective January 1, 1997; amended effective October 22, 2010; amended effective September 1, 2012.)
2. 6
  1. FEDERAL Rule 6 COMPUTING AND EXTENDING TIME; TIME FOR.pdf
    1. MN RCP Rule 6 Time.pdf
      1. 6.05 Additional Time After Service by Mail or Service Late in Day Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party, and the notice or document is served upon the party by U.S. mail, three days shall be added to the prescribed period. If service is made by any means other than U.S. mail and accomplished after 5:00 p.m. local time on the day of service, one additional day shall be added to the prescribed period.
6
1. 6.01 Computation (a) Computation of Time Periods. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is (1) Saturday, (2) Sunday, (3) a legal holiday, (4) when the act to be done is the filing of a document in court, a day on which weather or other conditions result in the closing of the office of the court administrator of the court where the action is pending, or (5) where filing or service is either permitted or required to be 3/19/13 Rule 6. - CIVIL PROCEDURE - Minnesota Court Rules https://www.revisor.mn.gov/court_rules/rule.php?name=cp-6 2/5 made electronically, a day on which unavailability of the computer system used by the court for electronic filing and service makes it impossible to accomplish service or filing, in which event the period runs until the end of the next day that is not one of the aforementioned days. (b) Periods Shorter Than 7 Days. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. (c) Definition of Legal Holiday. As used in this rule and in Rule 77(c), "legal holiday" includes any holiday designated in Minnesota Statutes, section 645.44, subdivision 5, as a holiday for the state or any statewide branch of government and any day that the U.S. mail does not operate. (Amended effective January 1, 1997; amended effective July 1, 2007; amended effective September 1, 2012.)
2. 6.02 Enlargement When by statute, by these rules, by a notice given thereunder, or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion, (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 4.043, 59.03, 59.05, and 60.02 except to the extent and under the conditions stated in them.
3. 6.03 Unaffected by Expiration of Term 3/19/13 Rule 6. - CIVIL PROCEDURE - Minnesota Court Rules https://www.revisor.mn.gov/court_rules/rule.php?name=cp-6 3/5 The continued existence or the expiration of a term of court does not affect or limit the period of time provided for the taking of any action or proceeding, or affect the power of the court to act or take any proceeding in any action which has been pending before it.
4. 6.04 For Motions; Affidavits A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served no later than five days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59.04, opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time. (Amended effective January 1, 1997.)
5. 6.05 Additional Time After Service by Mail or Service Late in Day Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party, and the notice or document is served upon the party by U.S. mail, three days shall be added to the prescribed period. If service is made by any means other than U.S. mail and accomplished after 5:00 p.m. local time on the day of service, one additional day shall be added to the prescribed period.
6. Advisory Committee Comment - 1996 Amendment The amendment to Rule 6.01 conforms the rule to its federal 3/19/13 Rule 6. - CIVIL PROCEDURE - Minnesota Court Rules https://www.revisor.mn.gov/court_rules/rule.php?name=cp-6 4/5 counterpart. The committee believes it is desirable to define explicitly what constitutes a "legal holiday." Given the nature of Minnesota's weather, the committee believes specific provision for dealing with inclement weather should be made in the rules. The federal rule enumerates specific holidays. That drafting approach is not feasible in Minnesota because Minnesota Statutes, section 645.44, subdivision 5, defines legal holidays, but allows the judiciary to pick either Columbus Day or the Friday after Thanksgiving as a holiday. Whichever is selected is defined to be a holiday under the rule. The amendment to Rule 6.05 conforms the rule to the federal rule except for the last sentence which is new and has no federal counterpart. This provision is intended to discourage the unseemly practices of sliding a "service" under the door of opposing counsel or sending a facsimile transmission after the close of business and asserting timely service. Such service will be timely under the rules, but will add a day to the time to respond. If the paper is due to be served a fixed number of days before an event, that number should be increased by one as well, making it necessary to serve late in the day before the deadline. Advisory Committee Comment - 2007 Amendment Rule 6.01 is amended to remove potential ambiguity in the existing rule. The rule is ambiguous because of the odd definition of "holiday" in Minnesota Statutes, section 645.44, subdivision 5, and its ambiguity over how Columbus Day is treated. Additionally, because the rules explicitly provide for service by mail, the court recognized that a "mail holiday" should be a "legal holiday" for the purpose of this rule. The rule excuses filing on the last day of a time period if the court administrator's office is inaccessible. The amended rule replaces an indefinite concept of the court administrator's office being 3/19/13 Rule 6. - CIVIL PROCEDURE - Minnesota Court Rules https://www.revisor.mn.gov/court_rules/rule.php?name=cp-6 5/5 "inaccessible" with a more definite formulation: the office of the administrator of the court where the action is pending must actually be closed. Rule 6.05 is amended to make the rule definite as to what forms of service qualify as "service by mail." The rule as amended explicitly allows three additional days only for service by U.S. mail; the use of any other delivery or courier service does not constitute "U.S. mail," and therefore does not qualify for additional time. This rule is now consistent with Minn. R. Civ. P. 4.05, which specifies "first-class mail" as the means for service by mail. Advisory Committee Comment - 2012 Amendment Rule 6.01 is amended to add unavailability of the courtauthorized e-filing and e-service system as a circumstance that would result in the extension of the time period. This extension applies only where the system problem occurs on the last day of the period and should only apply where the problem is not momentary. The rule requires that unavailability of the E-Filing System actually prevent compliance with the service or filing requirements. This certainly eliminates use of a short-lived shutdown from extending the deadline except, possibly, where it occurs right at the end of the day. Where the shutdown occurs for a substantial part of the day and where it continues through the close of business, then the additional day would be automatically applied.
7. Subtopic 7
RULES GENERAL PRACTICE 115.01
1. MN RGP 115.01(b) Time. The time limits in this rule are to provide the court adequate opportunity to prepare for and promptly rule on matters, and the court may modify the time limits, provided, however, that in no event shall the time limited be less than the time established by Minn. R. Civ. P. 56.03. Whenever this rule requires documents to be filed with the court administrator within a prescribed period of time before a specific event, filing may be accomplished by mail, subject to the following: (1) 3 days shall be added to the prescribed period; and (2) filing shall not be considered timely unless the documents are deposited in the mail within the prescribed period. Service of documents on parties by mail is subject to the provisions of Minn. R. Civ. P. 5.02 and 6.05.
  1. RELATED RULES
    1. FEDERAL RULE 56. SUMMARY JUDGMENT.pdf
      1. MN RCP Rule 56 Summary Judgment.pdf
      2. 56.03 Motion and Proceedings Thereon Service and filing of the motion shall comply with the requirements of Rule 115.03 of the General Rules of Practice for the District Courts, provided that in no event shall the motion be served less than ten days before the time fixed for the hearing. Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
      3. 115.03(a) No motion shall be heard until the moving party pays any required motion filing fee, serves a copy of the following documents on opposing counsel, and files the original with the court administrator at least 28 days prior to the hearing: (1) Notice of motion and motion; (2) Proposed order; (3) Any affidavits and exhibits to be submitted in conjunction with the motion; and (4) Memorandum of law.
      4. NO FEE WAIVER; NO FILING
      5. MUST SERVE OPPOSING PARTY & PROVIDE PROOF
Rule 115.03 Dispositive Motions (Amended effective January 1, 1993; amended effective January 1, 2004.)
1. 115.03(b) The party responding to the motion shall pay any required motion filing fee, serve a copy of the following documents on opposing counsel, and file the originals with the Court Administrator at least 9 days prior to the hearing: (1) Memorandum of law; and (2) Supplementary affidavits and exhibits.
2. 115.03(c) Reply Memoranda. The moving party may submit a reply memorandum, limited to new legal or factual matters raised by an opposing party's response to a motion, by serving a copy on opposing counsel and filing the original with the court administrator at least 3 days before the hearing.
3. 115.03(d) Additional Requirement for Summary Judgment Motions. For summary judgment motions, the memorandum of law shall include: (1) A statement by the moving party of the issues involved which are the grounds for the motion for summary judgment; (2) A statement identifying all documents (such as depositions or excerpts thereof, pleadings, exhibits, admissions, interrogatory answers, and affidavits) which comprise the record on which the motion is made. Opposing parties shall identify in their responding Memorandum of Law any additional documents on which they rely; (3) A recital by the moving party of the material facts as to which there is no genuine dispute, with a specific citation to that part of the record supporting each fact, such as deposition page and line or page and paragraph of an exhibit. A party opposing the motion shall, in like manner, make a recital of any material facts claimed to be in dispute; and (4) The party's argument and authorities. These additional requirements apply also to a motion under Minn. R. Civ. P. 12 if factually based. Part (3) is excluded from the page limitations of this rule.
  1. RELATED RULES
    1. MN RCP Rule 12. Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for.pdf
    2. FEDERAL Rule 12 DEFENSES AND OBJECTIONS WHEN AND HOW PRESENTED.pdf
MN RGP 115.07
1. MN RGP 115.07 Relaxation of Time Limits If irreparable harm will result absent immediate action by the court, or if the interests of justice otherwise require, the court may waive or modify the time limits established by this rule.
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