Default Judgement Motion in Minnesota - Template Form Package A motion for default judgment is a request asking the court to provide a default judgement when the defendant has not responded to a complaint within the court-allotted time-frame. The following are examples of forms used for a default judgement motion in Minnesota court. It is not recommended
Minneapolis Litigation Lawyers
Litigation is a civil action brought in court to enforce a right or settle a dispute. The dispute could be over money or ownership of a property or business. The party bringing the action is called the plaintiff. The party the lawsuit is brought against is the defendant.
A lawsuit is commenced when the plaintiff serves a summons and complaint upon the defendant. A summons is a document that demands a response or appearance. A complaint is a document that outlines the plaintiffs alleged facts, legal reasoning, and relief sought.
The defendant must submit an answer to the complaint within a certain period of time, depending on the jurisdiction in which the case is being brought. The answer is a document in which the defendant replies to the allegations brought by the plaintiff and asserts defenses.
The next phase is discovery. Discovery is where both sides exchange information and documents related to the case. Discovery can be conducted through interrogatories, requests for production of documents, requests for admissions, motions, expert witnesses, and subpoenas. The extent and context of discovery process varies depending on the complexity and jurisdiction of the case.
Trial is usually held in front of a judge and jury. During a trial, each side presents their side of the case using evidence and witnesses to support their statements. The judge or jury then decides the outcome the case.
From initiation to trial, civil litigation often takes over a year. Most cases settle prior to trial. Litigation is complex; each situation has its own complexities.
If you are considering litigation, it is in your best interest to speak with an experienced litigation attorney. There are countless ways to approach litigation. An experienced litigation attorney can ensure you understand all your options and possible outcomes, as well as tailor a specific strategy for success.
If you find yourself defending you or your business against civil litigation, an experienced litigation attorney could save you time and thousands of dollars. Litigation attorneys understand the specific rules and tight deadlines set by the court. If you attempt to defend yourself or your business without an attorney you risk missing an important deadline, which could consequently lose your case.
Minnesota Attorneys for Litigation Defense
So you’ve been sued - now what? Many lawsuits will fall within the insurance coverage for your profession, car, boat, or property. If you are served with a complaint in a civil lawsuit, you should provide a copy of it to your insurance company as soon as possible. If it falls within your insurance coverage,
Minnesota Litigation: Basic Terms Explained
Litigation can be an overwhelming prospect. It involves a variety of different stages and terms that are unfamiliar to people who do not work in litigation often. Here is a brief guide to some of the most basic litigation terms used in Minnesota: Parties: The parties to litigation are just the different people, companies, or
Uniform Arbitration Act Law in Minnesota
Arbitration provides an alternative for resolving disputes outside of the traditional litigation process. Minnesota has adopted the Revised Uniform Arbitration Act (RUAA) which provides the framework for the arbitration of purely intrastate disputes. For those transactions involving interstate commerce, the Federal Arbitration Act (FAA) controls. A fundamental objective of these laws is to encourage and
A Crack in the Shield?
Malpractice Coverage at Risk
This is a guest article from Professor Daniel Kleinberger. Prof. Kleinberger is the director of the Mitchell Fellows Program at the William Mitchell College of Law. He was the reporter for the MSBA Business Law Section Task Force that developed the Professional Firms Act and the principal drafter of the act. A recent, unreported opinion of the
What is the Statute of Limitations for My Issue?
People often ask, “What is the statute of limitations for my legal issue or claim?” Unfortunately, this is a very difficult question to answer. State law and federal law include hundreds, if not thousands, of provisions covering a multitude of statutes of limitations. This means that one claim might have multiple relevant statutes of limitations,
Implied Civil Causes of Action
A common question I have been getting lately goes something like this: “I think I have a claim against my neighbor/friend/family member/ex-boyfriend/ex-girlfriend. I found this statute, 609.749, that prohibits stalking and I want to bring a cause of action in civil court.” This question is not unusual because there are so many laws and statutes
Payment Due to Subcontractors from General Contractors
Back in the early 2000s, the Minnesota legislature revised Minn. Stat. § 514.02 to assist subcontractors in receiving payment for labor and materials used on a residential construction project through a civil action. The re-working of Section 514.02 also allows for homeowners who have properly paid their general contractor, who then in turn fail to
Minnesota’s Anti-SLAPP Law: Combat Unfounded Defamation Lawsuits
Minnesota's Anti-SLAPP Law: A Powerful Tool to Combat against Unfounded Defamation Lawsuits Lawmakers have recognized that defamation lawsuits (e.g. claims libel or slander) are sometimes used as tools to harass and intimidate citizens who appeal to their government for assistance. Hence, many states, including Minnesota, have enacted laws protecting citizens against strategic lawsuits against public
California Appeals Court Upholds the City of Dana Point’s Nuisance Action against Medical Marijuana Dispensary In 2010, the City of Dana Point (the “City”) filed an action against David Lambert (“Lambert”) and the dispensary he operated, Beach Cities Collective (“BCC”) alleging abatement under the narcotics abatement legislation (Section 11570), public nuisance, violation of the City’s
Intrusion Upon Seclusion: Your Right to Privacy
The privacy tort of intrusion upon seclusion often evokes thoughts of physical intrusion as well as electronic or mechanical intrusion such as video surveillance or telephone recording. The Restatement (Second) of Torts § 652B defines intrusion upon seclusion as “one who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his
Defenses to a Business Defamation Claim
A business defamation claim exists when: a false and defamatory statement of fact was made concerning a plaintiff, that statement was communicated to someone other than the plaintiff, and that statement was made with a tendency to harm the plaintiff’s reputation and lower him in the estimation of the community. In a business context, a
Minnesota Anti SLAPP Statute
Minnesota’s Anti SLAPP Statute Gets Clarification Statute §§ 554.01-554.05 are considered Minnesota’s anti-SLAPP statutes. SLAPP stands for Strategic Litigation Against Public Participation. These anti-SLAPP laws allow defendant’s to file motions to dismiss against lawsuits that are filed in response to a citizen’s attempt to influence governmental projects. Examples for when an anti-SLAPP statute applies is
The tort of product disparagement is very closely related to the tort of business defamation. However, product disparagement provides a cause of action to businesses when it can prove that it was harmed by false statements that disparaged its product, not necessarily a statement that disparaged the business’s reputation. Both common law and statutory causes
Class Action Fairness Act
The Class Action Fairness Act of 2005 was created to ease diversity jurisdiction rules. The act also expanded federal jurisdiction over class actions based on state law claims. Specifically, the Class Action Fairness Act grants jurisdiction to federal courts in class actions if the following is met: the proposed class contains at least 100 members,
Plausibility Standard, Not Applicable in Minnesota
Laura L. Walsh vs. U.S. Bank, Minnesota Supreme Court August 6, 2014 Decision The Plausibility Standard for Federal Pleadings Does Not Apply in Minnesota On August 6, 2014, the Minnesota Supreme Court held that there was no compelling reason to depart from the traditional pleading standard for civil actions in Minnesota under that well-established standard,
Invasion of Privacy: What are Your Damages
In the age of society’s obsession with sharing everything in blog posts, Facebook comments, and 140 character tweets right to privacy still remains an ingrained part of America’s consciousness. The public’s outrage over the NSA scandal is evidence of this. But, what are your damages for an invasion of your privacy? It is fairly rare
Indemnity Agreements Now Void in Professional Services Contracts
On May 16, 2014, Governor Dayton approved a statute that voids indemnity agreements in design professional service contracts when the contract requires the design professional to indemnify the actions of others who are not the design professional servicer, their employees, or others for whom they are liable. This bill has been in the works for
New Minnesota Construction Law: Responsible Contractor Requirements
Governor Dayton signed the Responsible Contractor bill into law. Although the notion of a “responsible contractor” has been around for a long time it has never been clearly defined. In this new law, which is set to take effect on January 1, 2015, the term has been given certain meaning. This new statute only applies
Minnesota Lawsuits are Dead If Not Filed in 1 Year
Under a new Minnesota state court rule, most cases not filed in court within one year of their commencement (cases start by service of process on the parties) will be dismissed with prejudice unless the parties agree in writing to extend this deadline. "Dismissed with prejudice" means the case cannot be started again, and is