MSBACourt Rules and Administration Committee
MSBA home pageMSBA committees
committee homepage
Meeting Schedule and Agendas
Minutes
Supreme Court Rules Committees Updates
Committee Procedures
Current MSBA Representatives
Contact Us
 
Next Meeting: November 16, 2010 at 12:15 p.m. at the MSBA Offices

Minutes
Archived Meeting Minutes

9/8/09 | 5/11/10 | 9/21/10 | 11/16/10

Minnesota State Bar Association
Court Rules and Administration Committee
November 16, 2010
Honors Room, MSBA Offices

Present:  Sam Glover (Chair), Stewart Loper, Rick Snyder, Bart Gernander, Jon Schmidt, Richard Frase, Tram Nguyen (MSBA staff)
By telephone:   Jim Moore

  1. Introductions
  • September 21, 2010 minutes – approved.
  • Appointments
  • The Committee voted to approve the Subcommittee’s recommendation to appoint Judge Michele Davis of Wright County District Court as the MSBA representative to the Juvenile Delinquency Rules Committee.  Tram will pass this information along to MSBA President Terry Votel for his consideration.
  • New Business
  • MSBA Representative to the Criminal Rules Committee Richard Frase reported that the Committee met on Saturday, November 13, 2010 and is working on some key issues dealing with E-Charting, ITV, and others.  Mr. Frase will write up a summary and will send it to Tram for posting on the Committee’s website and distribution to the MSBA membership via the MSBA Legal News Digest.
  • Committee members will review the document on MSBA Policy on Supreme Court Committees and will forward any suggestions for amendments to Tram or Sam, within a week after this meeting.  Tram will then pass that information along to Tim Groshens, MSBA Executive Director.
  • Next meeting: Tuesday, June 14, 2010 at 12:15 at the MSBA
  • Adjourned.

Minnesota State Bar Association
Court Rules and Administration Committee
September 21, 2010
Honors Room, MSBA Offices

Present:               Sam Glover (Chair), Peter Carter, Robert DeMay,Stewart Loper, Bev Aho, Chuck Webber, Rick Snyder, Tram Nguyen (MSBA staff)
By telephone:   Bart Gernander

  1. Introductions
  • May 11, 2010 minutes – approved with amendment.  The date should be changed from May 11, 2009 to May 11, 2010.
  • Appointments
  • Judge Meyer will not be seeking reappointment on the Juvenile Delinquency Rules Committee. Committee to recommend an appointment to replace her.
  • Sam Glover, Bart Gernander, Chuck Webber and Richard Snyder will serve on the Appointment Committee
  • Tram will post the opening on the committee’s website, MSBA Legal News Digest, and Bench and Bar magazine
  • New Business
  • Should this committee seek to appoint a member of the MSBA to the newly-formed (July 1, 2010) Equality and Justice Committee?

                        i.             Applications are due September 30, 2010
                        ii.            Committee will not seek to appoint a member of the MSBA to this                                                 committee but will post the information on the committee’s website                                                   and the MSBA Legal News Digest encouraging MSBA members to apply.
                        iii.           Tram will post on the committee’s website immediately and will                                                    forward information for the Legal News Digest and Bench and Bar.

  • Committee discussed how to transmit ideas from MSBA members, whether we need a process for doing so, and whether we can or should do so in a way that expresses an opinion on the merits of the idea.

                        i.             The procedure is we will pass it on to the MSBA appointed person
       

  • Next meeting: November 16, 2010 at 12:15 at the MSBA
    • Adjourned.

    Minnesota State Bar Association
    Court Rules and Administration Committee
    May 11, 2010


    Present:  Tony Leung (co-chair), Robert DeMay, Jim Moore, Stewart Loper, Sam Glover, Diane Bratvold, Bev Aho, Tom Fraser, Chuck Webber, Rick Snyder, Dan Stahey, Steve Hirsh (MSBA staff)

    By telephone:   Bart Gernander

    1. Introductions
    • September 2009 minutes – approved
    • Reports from rules committees
      • Civil Rules (Tom Fraser): three amendments effective July 1, 2010
        • Subpoenas
          • must be served on each party
          • 7 day window to file for protective order
        • Costs
          • Application to either the court administrator or the district court
          • 45 day limit to make request
          • no limit on amount that can be requested
        • Summons
          • new language that clarifies actions that defendant needs to take
        • full text of order at http://www.mncourts.gov/Documents/0/Public/Clerks_Office/2010-05-03_Order_Civ_Proc_Rls_Amen.pdf
        • no action taken on service by fax and email, conforming state rules to new federal timelines
      • Civil Appellate Rules (Chuck Webber):  changes described in September 2009 meeting minutes have gone into effect.
      • All committees: Rules committees are limiting meetings because of budget constraints. Committees are only meeting as needed.
    • Expiring terms: Terms of Richard Frase, Jonathan Steinberg, and Kerry Meyer expire this year. All should be eligible for re-appointment. Tony will check with each to see if they are willing to serve another term. If so, Tony will relay that information to Steve, who will inform Fred Grittner. If any are not interested, Steve will coordinate with committee co-chairs to on beginning the recruitment and selection process.
    • New chairs: Tony and Chris have served 3 terms, and so are not eligible for re-appointment. Interested committee members are encouraged to fill these slots. Please let Steve know if you are willing to serve as co-chair. Steve will work with Tony and Chris to select two people to recommend to incoming MSBA President Terry Votel.
    • Communicating wilth MSBA membership
    • Request that this issue (including ways for members to communicate ideas to the Rules committees) be considered by new chairs.
    • Steve to ask that a link to the new civil rules be posted in Legal News Digest.
    • Next meeting: Sept. 21, 12:15 at the MSBA
    • Adjourned.

    Minnesota State Bar Association
    Court Rules and Administration Committee
    September 8, 2009


    Present: Tony Leung (co-chair), Chris Larus (co-chair), Tom Fraser, Chuck Webber, Peter Carter, Erica Strohl (guest), Steve Hirsh (MSBA staff)
    By telephone:   Jon Schmidt, Bart Gernander

    1. Introductions
    • May minutes – approved
      • Reports from rules committees
      • Civil Rules (Tom Fraser):
        • Use of email for service and filing: deferred
        • Fax filing and still sending originals: deferred
        • Summons: Need to improve notice for pro se defendants of consequences of not answering – under discussion
        • Acceptance of foreign judgements: no action
        • Subpoenas (Rule 45 ): Recommending amendment specifying that documents must be provided to all parties; burden on party issuing subpoena.
        • Costs and disbursements (Rule 54.04): formalizing procedure.
        • Computing time: recommending conforming to federal rules.
        • Next meeting in three weeks.
      • Criminal Rules (Richard Frase): no news to report
      • Juvenile Protection Rules (Jonathan Steinberg):
        • The Committee recommended amendments to the Juvenile Protection Rules in February 2009, which were adopted by the Supreme Court in June 2009.  The amendments became effective August 1, 2009. 
        • The work of the Committee has been suspended pending budget review and further direction by the Supreme Court.  If and when the Committee’s work is resumed, the primary topics of consideration will be the use of ADR in juvenile protection cases, and the rules applicable to Guardians ad Litem.
      • Juvenile Delinquency Rules (Kerry Meyer): Committee meeting October 9.
      • General Practice Rules (Erica Strohl):
        • Cameras in the courtroom: Committee is developing a pilot project. Report due to Supreme Court in January.
        • Deadlines for filing to be conformed to federal rules.
        • Considering having appeals from Conciliation Court go directly to Court of Appeals.
        • Recommending to include mechanics liens on list of cases exempt from filing informational statement (Rule 111).
        • Copy of report available at [LINK]
      • Civil Appellate Rules (Chuck Webber):  
        • Notice of review (Rule 106): Amend to provide 14 days after a notice of appeal is filed to file a “Notice of Related Appeal”.
        • Supersedeas Bonds (Rule 108): Modified to allow district court discretion to impose bond needed to protect winning litigant.
        • Certiorari cases: Brief to be due after record is assembled.
        • New Rule 112: codifies current Court of Appeals practices on handling of confidential and sealed information.
        • Contents of brief (Rule 128): Add requirement to specify where in the record an issue was preserved for appeal.
        • Considered but not recommending: Change to exemption of governmental entities from taxation of fees and costs.
        • Copy of proposed rules available at: [LINK]
      • 2010 meeting schedule: quarterly, beginning January 2010.
      • January 5
      • April 6
      • Meetings at 12:15 at Robins, Kaplan
      • New business
      • Standard reporting form: consider at January meeting.
      • Publicizing advisory committee updates:
        • The Co-chairs requested each committee member to consider and discuss at the next meeting ways to increase communications about developments in the various subcommittees with the general MSBA membership.
        • Steve will have approved minutes posted on committee’s webpage.
        • Steve will request a notice in Legal News Digest when new reports are updated.
      • Adjourned.