Notice of claim required mn suit civil

At some point you or someone you know may become a party to a lawsuit. Lawsuits typically follow a common path. Although the rules and procedures that apply to each case may differ slightly depending on the type of case and jurisdiction, the most common and basic structure of a lawsuit involves initial pleadings, discovery, motions, a pre-trial conference, and in some instances, a trial. Below is a summary of the path a typical lawsuit takes in Minnesota to help prepare businesses and individuals for what the process may entail.

Identifying Your Legal Claims
You must start by deciding whether you have standing to sue and a valid legal claim that can be pursued in court. Standing to sue is whether something affected you personally. This is usually tied to some type of injury. A valid legal claim is one where the grievance can be resolved through legal action. This means you must have suffered a legal wrong for which the law provides a remedy. Types of legal claims include breach of contract, negligence, breach of fiduciary duty, misappropriation of trade secrets, wrongful termination, defamation, etc. Unless you are familiar with the law, you may wish to consult with a lawyer to decide what legal claims you may have, what types of damages and relief you can recover for your claims, and if filing a lawsuit makes sense under the circumstances.

Statute of Limitations
Every state has statutes of limitations that control how much time you have to bring specific types of claims. Time limits depend on the type of claim you are bringing and the state in which the claim is brought. It is very important to know the applicable statute of limitations because if you do not file a claim within the time limits, you will lose the ability to bring your claim. The rules regarding statutes of limitations are complex and critical to the case. If you have questions about the statute of limitations applicable to your claim, consult an attorney as soon as possible.

Determining if the Court Has Personal Jurisdiction
In order for a Minnesota court to hear a case, the court must have personal jurisdiction over the parties. If two people from Minnesota have a dispute that arose in Minnesota, the Minnesota courts would almost certainly have personal jurisdiction to hear the dispute whereas the Wisconsin courts may not. For the court to have personal jurisdiction, there must be something that ties a person to the state in which they are being sued. Usually, this is where the person lives or works, or where the legal dispute arose. Personal jurisdiction also applies to corporations. A corporation may be sued where it was incorporated, where it does most of its business, where the lawsuit arose, or in some cases in any state where the corporation has sufficient contacts making it reasonable to be sued in that state.

Determining the Proper Venue for the Lawsuit
Venue refers to the location of the lawsuit. Even if the court has personal jurisdiction over the parties, the lawsuit still must be brought in the proper venue. For example, the Minnesota state courts are divided geographically into ten judicial districts covering various counties throughout the state. Click on this map of Minnesota district (trial) courts to view the district courts in the State of Minnesota. Venue is proper when the selected court provides a convenient location for resolution of the dispute. Most often, the venue will be a county court near where the defendant lives or where the dispute occurred. If your case involves real estate, the venue is proper in the county where the property is located. If you are unsure of where venue is proper for your case, it may be best to consult an attorney.
Deciding Whether to File in Conciliation Court, State District Court, or Federal Court
It is important to file your case in the correct court, otherwise the case may be removed to another court or the case could be dismissed altogether.

Many cases that can be filed in federal court also can be filed in state district court. To decide which court to file in, a party may look to factors such as the applicable statute of limitations or geographic location of the court. Attorneys use their experience to “forum shop” or decide which court will be most favorable to their client. If the case is originally brought in Minnesota state district court, but federal jurisdiction otherwise exists, the defendant can “remove” the case to federal court to have it decided by a federal district court judge instead.

Initial Pleadings
Initial pleadings are the first documents exchanged between parties to initiate and defend against a lawsuit. The initial pleadings include a civil cover sheet, summons, and complaint from the plaintiff, and an answer, affirmative defenses, and any counterclaims from the defendant.

Discovery
After the parties exchange initial pleadings, the discovery process begins. The discovery process allows the parties to gather facts and evidence to support their claims and defenses. The length of discovery depends on the type of case and the court, but typically takes about six to nine months in the typical case. Throughout this period, the parties are expected to exchange information related to the lawsuit. Discovery typically includes the following:

Regardless of the method of discovery, the general purpose of discovery is to obtain any information that may be pertinent and useful proving or defending the lawsuit.

Duty to Preserve Evidence
Parties have a duty to preserve evidence in anticipation of litigation and after a lawsuit begins. This duty begins as soon as a party may reasonably anticipate litigation. It may be wise to send your opposing party a litigation hold letter to put them on notice to preserve materials for litigation. If a party fails to preserve evidence, it could have significant negative effects. This failure is known as spoliation. Every state has some form of tort action for spoliation of evidence. If a court determines evidence was not preserved in bad faith, it could impose sanctions, give harmful jury instruction, dismiss claims or defenses, or grant the other party judgment in its favor.

Motions
During the lawsuit, either party may file one of a variety of motions. A motion is a request made to the court to obtain a ruling on a specific issue. A motion may be either dispositive or non-dispositive. Minnesota General Rules of Practice 115.01(a) provides that dispositive motions are motions which seek to dispose of all or part of the claims and non-dispositive motions are all other motions that will not affect the claim from moving forward through the litigation process, but rather seek the court’s decision-making authority. For example, a summary judgment motion is a dispositive motion because, if granted, the claim will not continue forward in litigation; whereas, a motion for a protective order, if granted, will not affect the claim from moving forward. Some of the most common types of motions include the following:

Most motions may be filed at any time prior to the issuance of a scheduling order for trial; however, once a scheduling order is issued, the court will establish specific motion-filing deadlines. The Minnesota Rules of Civil Procedure and Minnesota General Rules of Practice dictate which documents need to be served (delivered) on the party and filed with the court in connection with various types of motions. The Federal Rules of Civil Procedure include similar requirements, which are explained in further detail in the Local Rules for the District of Minnesota.

Alternate Dispute Resolution (ADR)
Parties often participate in some form of Alternative Dispute Resolution (“ADR”) to try to settle a dispute because when successful, it can be more time efficient and cost effective than pursuing litigation all the way through trial. The Minnesota Rules of Civil Procedure require the parties to participate in ADR in most cases filed in the state courts. ADR is not mandatory in federal court although it is strongly encouraged. Most Minnesota civil lawsuits are settled or resolved using ADR. The most common types of ADR are summarized below:

Pretrial Conference
Before trial, the judge holds a pretrial conference. A pretrial conference typically occurs about a month before the trial. The conference provides one last chance for the court to narrow the issues and attempt to resolve the case. The judge will often encourage the parties to settle their case during the pretrial conference. If the parties still cannot reach a settlement, a trial is necessary. The conference will then shift to the parties and judge discussing issues concerning witnesses, exhibits, jury instructions (in a jury trial), verdict forms, motions in limine (motions to exclude evidence), and general trial procedures.

Trial
There are two types of trial: a jury trial and a bench trial. At a jury trial, a “jury of one’s peers” makes the final decision concerning the outcome of the case, renders a verdict for or against the plaintiff on each claim, and typically determines the amount of damages (if any) the plaintiff is entitled to recover (if the plaintiff is seeking money damages). In a bench trial, no jury is present and the judge makes the final ruling on the facts of the case and whether judgment should be entered in favor of the plaintiff (or defendant) on each claim.
The parties are entitled to a jury trial for certain types of claims (e.g., breach of contract). By agreement, however, the parties may waive the right to a jury trial and request a bench trial instead. Other types of claims can only be heard by the judge in a bench trial and the parties are not entitled to request a jury. You should talk to your attorney about whether you are entitled to a jury trial and whether it would be advantageous to waive the right to a jury trial.
During a jury trial, the process begins by providing both parties the opportunity to question the potential jurors to determine if jurors have biases that would affect their ability to be impartial (this is called voir dire). In the case of a jury trial, once a jury is chosen, the judge gives the rules and instructions that govern the case.

In both a jury trial and a bench trial, the plaintiff gives an opening statement, which is followed by the defendant’s opening statement. Next, the plaintiff begins calling witnesses and introducing evidence to prove its claims. After the plaintiff’s attorney questions each witness, the defendant’s attorney has an opportunity to cross-examine the witness. The plaintiff has the burden of proof to convince a jury by a preponderance of the evidence (i.e., “more likely than not”) that it has proven the elements of its claims. Once the plaintiff is done calling witnesses and presenting evidence, it is the defendant’s turn to call witnesses and the plaintiff’s attorney will have a chance to cross examine each witness for the defense. After the defendant is done presenting evidence and questioning witnesses, each party gives closing arguments. In the case of a jury trial, the judge will then give jury instructions and the jury will deliberate until they reach a verdict. Often, the jury is provided with a “special verdict form” containing a detailed set of questions to be answered regarding each claim in the lawsuit. The judge will interpret the special verdict form to determine whether to enter judgment in favor of the plaintiff or defendant on each claim, after applying the applicable law.

Appeals
A final judgment or order must be reached by the trial court for the case to be appealable. Appeals must be made within certain time limits prescribed by statute or the rules of the appellate court. If an appeal is not brought in time, you will lose the opportunity to bring an appeal. Appellate courts are very different than trial courts: you cannot bring new facts, witnesses, or arguments. Most appellate courts do not look at whether the judge or decision-maker at the trial court correctly determined the facts of the case, but rather whether the judge or decision-maker correctly applied the law. Even if you are unhappy with a trial court decision, it may not always be wise to bring an appeal. If you lose on an appeal, you may be required to pay the opposing party’s costs. A Minnesota attorney can help you decide if bringing an appeal makes sense, identify the issues for appeal, and discuss the anticipated cost of the appeal.

Hiring an Attorney
The rules of procedure governing most lawsuits are complicated. Litigation can be stressful, expensive, and lawsuits can take a year or longer before going to trial. Although individuals may represent themselves in court without an attorney, failure to understand these procedural rules can greatly reduce their chance of success. Corporations, limited liability companies, and other legal entities must be represented by an attorney in a lawsuit and cannot represent themselves.
If you are involved in a lawsuit and would like an experienced attorney to represent you and navigate the legal process, please contact one of the commercial litigation attorneys of Trepanier MacGillis Battina P.A. at 612.455.0500.

About the Author:
Minnesota litigation attorney Bryan R. Battina is a seasoned litigator and trial attorney with extensive experience in civil litigation, including commercial litigation, real estate litigation, and employment law litigation. Bryan may be reached at 612-455-0505 or bbattina@trepanierlaw.com. Trepanier MacGillis Battina is a Minnesota commercial litigation law firm located in Minneapolis, Minnesota.