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Next Meeting: Jan. 5, 2010 |
Purpose:
Advise the MSBA President regarding appointments or nominations
to Supreme Court Committees. Manage and track all vacancies for MSBA
representatives and liaisons to court committees, receive their reports,
advise them about the views and interests of the MSBA for presentation
to the appropriate committtee or court; coordinate input and communications
among the representatives and liaisons on the one hand and the MSBA's
governing boards, sections, committtees, officers and affiliated associations
on the other hand.
Chair:
Samuel Glover
Proposed recommendations for amending the General Rules of Practice and one related rule in the Commitment Rules have been filed with the Supreme Court. The recommendations would likely be considered for a January 1, 2010, effective date.
The Court has scheduled a comment period to consider the proposal. All written comments must be submitted in writing (12 copies) to Fred Grittner, Clerk of the Appellate courts, on or before November 9, 2009.
The order and recommendations are posted on the state court web site (www.mncourts.gov) under the “News” section.
The Committee’s specific recommendations are briefly summarized as follows (all references are to General Rules of Practice unless otherwise noted):
1. Forms to be removed from the rules and maintained on the court’s website:
a. Form 5 (Pro Hac Vice);
b. Form 11.1 (Confidential Information Sheet);
c. Form 11.2 (Sealed Financial Source Documents); and
d. All conciliation court forms
2. Housekeeping related to 2008 amendments:
a. Rule 12 (Comparable Means of Service and Filing): clarify that it does not require filing of pleadings earlier than heretofore required and does not override the 21-day “safe harbor” provision in Minn. R. Civ. P. 11.
b. Rule 304.02 (Informational Statement): require disclosure to the court of the need for interpreter services.
c. Rule 14 of the Special Rules of Procedure Governing Proceedings under the Minnesota Commitment and Treatment Act: reinstates prior notice period for scheduling a hearing by electronic means, including ITV.
3. NEW Rule 13 (Requirement to Provide Notice of Address): require parties and counsel to provide a current address to the parties and court.
4. Rule 111 (Informational Statement): exclude consumer credit contract cases and mechanics’ lien actions from the requirement for filing an information statement.
5. Rule 309 (Contempt): permit contempt proceedings to be commenced either by motion or by order to show cause.
6. Rule 503(c) (Computation of Time): conform to mechanism in the Rules of Civil Procedure.
7. Rule 517 (Payment of Judgment): require good faith effort to pay other party directly before payment of conciliation court judgments into court.
8. Rule 518 (Docketing of Judgment in District Court; Enforcement): remove the 30-day stay requirement to be consistent with statute.
9. Rule 707 (Transcription of Pleas, etc…): clarify how stenographic notes and transcription of grand jury proceedings are handled.
Minnesota State Bar Association
Court Rules and Administration Committee
Procedure for Selecting Nominees to Supreme Court Advisory Committees
(Approved Dec. 11, 2007)
1. Openings will be posted on Court Rules & Administration
committee web page and in Legal News Digest.
2. A deadline of one week before the next Court Rules & Administration
committee meeting will be given for submitting Qualification and Interest
Statements from anyone interested in being appointed.
3. Submitted Q&I statements will be distributed to Court Rules &
Administration members via the committee's listserve.
4. If necessary, the Court Rules & Administration chairs will schedule
interviews for nominees with the full committee, or with a subcommittee.
5. The Court Rules & Administration committee will consider nominations
and vote on recommendations at its next regular committee meeting.
6. The Court Rules & Administration chairs will submit the committee's
recommendation to the MSBA president.