Complex Cases

146.01 Purpose; Principles The purposes of the Complex Case Program ("CCP") are to promote effective and efficient judicial management of complex cases in the district courts, avoid unnecessary burdens on the court, keep costs reasonable for the litigants and to promote effective decision making by the court, the parties and counsel. The core principles that support the establishment of a mandatory CCP include: (a) Early and consistent judicial management promotes efficiency. (b) Mandatory disclosure of relevant information, rigorously enforced by the court, will result in disclosure of facts and information necessary to avoid unnecessary litigation procedures and discovery. (c) Blocking complex cases to a single judge from the inception of the case results in the best case management. (d) Firm trial dates result in better case management and more effective use of the parties' resources, with continuances granted only for good cause. (e) Education and training for both judges and court staff will assist with the management of complex cases. 146.02 Definition of a Complex Case (a) Definition. A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel. (b) Factors. In deciding whether an action is a complex case under (a), the court must consider, among other things, whether the action is likely to involve: (1) Numerous hearings, pretrial and dispositive motions raising difficult or novel legal issues that will be time-consuming to resolve; (2) Management of a large number of witnesses or a substantial amount of documentary evidence; (3) Management of a large number of separately represented parties; (4) Multiple expert witnesses; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 150 MINNESOTA COURT RULES (5) Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court; (6) Substantial post judgment judicial supervision; or (7) Legal or technical issues of complexity. (c) Provisional designation. An action is provisionally a complex case if it involves one or more of the following types of claims: (1) Antitrust or trade regulation claims; (2) Intellectual property matters, such as trade secrets, copyrights, patents, etc.; (3) Construction defect claims involving many parties or structures; (4) Securities claims or investment losses involving many parties; (5) Environmental or toxic tort claims involving many parties; (6) Product liability claims; (7) Claims involving mass torts; (8) Claims involving class actions; (9) Ownership or control of business claims; or (10) Insurance coverage claims arising out of any of the claims listed in (c)(1) through (c)(9). (d) Parties' designation. In any action not enumerated above, the parties can agree to be governed by Rule 146 of these rules by filing a "CCP Election," in a form to be developed by the state court administrator and posted on the main state court website, to be filed along with the initial pleading. (e) Motion to Exclude Complex Case Designation. A party objecting to the provisional assignment of a matter to the CCP must serve and file a motion setting forth the reasons that the matter should be removed from the CCP. The motion must be served and filed within 14 days of the date the moving party is served with the CCP Designation. The motion shall be heard during the Case Management Conference or at such other time as determined by the court. The factors that should be considered by the court in ruling on the motion include the factors set forth in Rule 146.02 (b) and (c) above. (Amended effective July 1, 2015.) 146.03 Judge Assigned to Complex Cases A single judge shall be assigned to all designated complex cases within 28 days of filing in accordance with Rule 113 of these rules. In making the assignment the assigning judge should consider, among other factors, the needs of the court, the judge's ability, interest, training, experience (including experience with complex cases) and willingness to participate in educational programs related to the management of complex cases. (Amended effective January 1, 2020.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 151 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES 146.04 Mandatory Case Management Conferences (a) Within 28 days of assignment, the judge assigned to a complex case shall hold a mandatory case management conference. Counsel for all parties and all self-represented litigants shall attend the conference. At the conference, the court will discuss all aspects of the case as contemplated by Minn. R. Civ. P. 16.01. (b) The court may hold such additional case management conferences, including a pretrial conference, as it deems appropriate. (Amended effective July 1, 2015.) 146.05 Case Management Order and Scheduling Order In all complex cases, the judge assigned to the case shall enter a Case Management Order and a Scheduling Order (together or separately) addressing the matters set forth in Minn. R. Civ. P. 16.02 and 16.03, and including without limitation the following: (a) The dates for subsequent Case Management Conferences in the case; (b) the deadline for the parties to meet and confer regarding discovery needs and the preservation and production of electronically stored information; (c) the deadline for joining other parties; (d) the deadline for amending the pleadings; (e) the deadline by which fact discovery will close and provisions for disclosure or discovery of electronically stored information; (f) the deadlines by which parties will make expert witness disclosures and deadlines for expert witness depositions; (g) the deadlines for non-dispositive and dispositive motions; (h) any modifications to the extent of required disclosures and discovery, such as, among other things, limits on: (1) the number of fact depositions each party may take; (2) the number of interrogatories each party may serve; (3) the number of expert witnesses each party may call at trial; (4) the number of expert witnesses each party may depose; and (i) a date certain for trial subject to continuation for good cause only, and a statement of whether the case will be tried to a jury or the bench and an estimate of the trial's duration. (Added effective July 1, 2013.) PART G. APPENDIX OF FORMS FORM 104 CERTIFICATE OF REPRESENTATION AND PARTIES State of Minnesota District Court Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 152 MINNESOTA COURT RULES ______________________________________ JUDICIAL DISTRICT CASE NO. COUNTY __________________________ ______________________________________ CERTIFICATE OF REPRESENTATION AND PARTIES **(ONLY THE INITIAL FILING LAWYER/ PARTY NEEDS TO COMPLETE THIS FORM)** Date Case Filed: ____________ __________________________ vs. ___________________________________ This certificate must be filed pursuant to Rule 104 of the General Rules of Practice for the District Courts, which states: "A party filing a civil case shall, at the time of filing, notify the court administrator in writing of the name, address, and telephone number of all counsel and unrepresented parties, if known (see form 104 appended to these rules). If that information is not then known to the filing party, it shall be provided to the court administrator in writing by the filing party within seven days of learning it. Any party impleading additional parties shall provide the same information to the court administrator. The court administrator shall, upon receipt of the completed certificate, notify all parties or their lawyers, if represented by counsel, of the date of filing the action and the file number assigned." LIST ALL LAWYERS/PRO SE PARTIES INVOLVED IN THIS CASE. LAWYER FOR PLAINTIFF(S) LAWYER FOR DEFENDANT(S) (if not known, name party and address) __________________________________ ______________________________________ Name of Party Name of Party __________________________________ ______________________________________ Atty Name (Not firm name) Atty Name (Not firm name) __________________________________ ______________________________________ Address Address __________________________________ ______________________________________ __________________________________ ______________________________________ __________________________________ ______________________________________ Phone Number Phone Number __________________________________ ______________________________________ MN Atty ID No. MN Atty ID No. (Please use other side for additional lawyers/parties). Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 153 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES __________________________________ ______________________________________ Date Lawyer for: Filing Lawyer/Party Lawyer for: __________________________________ ______________________________________ Name of Party Name of Party __________________________________ ______________________________________ Atty Name (Not firm name) Atty Name (Not firm name) __________________________________ ______________________________________ Address Address __________________________________ ______________________________________ __________________________________ ______________________________________ __________________________________ ______________________________________ Phone Number Phone Number __________________________________ ______________________________________ MN Atty ID No. Lawyer for: MN Atty ID No. Lawyer for: __________________________________ ______________________________________ Name of Party Name of Party __________________________________ ______________________________________ Atty Name (Not firm name) Atty Name (Not firm name) __________________________________ ______________________________________ Address Address __________________________________ ______________________________________ __________________________________ ______________________________________ __________________________________ ______________________________________ Phone Number Phone Number __________________________________ ______________________________________ MN Atty ID No. MN Atty ID No. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 154 MINNESOTA COURT RULES FORM 111.02 INFORMATIONAL STATEMENT (Civil Matters-Non-Family) State of Minnesota COUNTY District Court ______________________________________ JUDICIAL DISTRICT CASE NO. __________________________________ ______________________________________ Case Type: ______________ ________________________________ Plaintiff and INFORMATIONAL STATEMENT FORM ________________________________ Defendant 1. All parties (have) (have not) been served with process. 2. All parties (have) (have not) joined in the filing of this form. 3. Brief description of the case: ____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. It is estimated that the discovery specified below can be completed within ____ months from the date of this form. (Check all that apply, and supply estimates where indicated.) a. b. c. Factual Depositions Medical Evaluations Experts Subject to Discovery No ____ Yes ____, estimated number: ____ No ____ Yes ____, estimated number: ____ No ____ Yes ____, estimated number: ____ 5. Assignment as an ____ expedited ____ standard ____ complex case is requested. (If not standard case assignment, include brief setting forth the reasons for the request.) ______________________________________________________________________________ ______________________________________________________________________________ 6. The dates and deadlines specified below are suggested. a. _______________ b. _______________ c. _______________ d. _______________ Deadline for joining additional parties, whether by amendment or third party practice. Deadline for bringing nondispositive motions. Deadline for bringing dispositive motions. Deadline for submitting__________________________ to the court. (specify issue) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 155 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES e. _______________ f. ________________ g. _______________ h. _______________ i. ________________ j. ________________ k. _______________ l. ________________ Deadline for completing independent physical examination pursuant to Minn. R. Civ. P. 35. Date for formal discovery conference pursuant to Minn. R. Civ. P. 26.06. Date for pretrial conference pursuant to Minn. R. Civ. P. 16. Date for scheduling conference. Date for submission of a Joint Statement of the Case pursuant to Minn. Gen. R. Prac. 112. Trial Date. Deadline for filing (proposed instructions), (verdicts), (findings of fact), (witness list), (exhibit list). Deadline for _________________________________________________ (specify) 7. Estimated trial time: ____ days ____ hours (estimates less than a day must be stated in hours). 8. A jury trial is: () waived by consent of ________________________________________ pursuant to R. Civ. P. 38.02. (specify party) () requested by _______________________________________________ (NOTE: Applicable fee must be enclosed.) (specify party) 9. a. MEETING: Counsel for the parties met on ______________________________________ (Date) b. to discuss case management issues. ADR PROCESS (Check one): _____ Counsel agree that ADR is appropriate and choose the following: _______ Mediation _______ Arbitration (non-binding) _______ Arbitration (binding) _______ Med-Arb _______ Early Neutral Evaluation _______ Moderated Settlement Conference _______ Mini-Trial _______ Summary Jury Trial _______ Consensual Special Magistrate _______ Impartial Fact-Finder _______ Other (describe) _____________________________________________ __________________________________________________________ Counsel agree that ADR is appropriate but request that the Court select the process. _____ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 156 MINNESOTA COURT RULES _____ Counsel agree that ADR is NOT appropriate because: _______ the case implicates the federal or state constitution. _______ other (explain with particularity) ________________________________ __________________________________________________________ __________________________________________________________ _______ domestic violence has occurred between the parties. c. PROVIDER (check one): _____ The parties have selected the following ADR neutral: __________________________________________________________________ The parties cannot agree on an ADR neutral and request to Court to appoint one The parties agreed to select an ADR neutral on or before __________________________________________________________________ _____ _____ d. DEADLINE: The parties recommend that the ADR process be completed by ________________________________________ (Date) 10. Please identify any party or witness who will require interpreter services, and describe the services (specifying language and, if known, particular dialect) needed. ____________________ ______________________________________________________________________________ ______________________________________________________________________________ 11. Please list any additional information which might be helpful to the court when scheduling this matter. ________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Signed: _____________________________ Signed: _____________________________ Lawyer for (Plaintiff) (Defendant) Lawyer for (Plaintiff) (Defendant) Attorney Reg. #: ____________________ Attorney Reg. #: ________________________ Firm: _____________________________ Firm: _________________________________ Address: __________________________ Address: _______________________________ Telephone: _________________________ Telephone: _____________________________ Date: _____________________________ Date: _________________________________ (Amended effective January 1, 1993; amended effective July 1, 1994, and shall supersede Second Judicial District Local Rules 5 and 25 and Fourth Judicial District Local Rule 5 to the extent inconsistent therewith; amended effective January 1, 1996; amended effective March 1, 2009.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 157 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES FORM 111.03 REQUEST FOR DEFERRAL OF SCHEDULING DEADLINES STATE OF MINNESOTA DISTRICT COURT _____________________________ COUNTY _____________ JUDICIAL DISTRICT ______________________________________ Case Type: ______________________ Plaintiff and REQUEST FOR DEFERRAL CASE NO. : ______________________________________ Defendant The undersigned parties request, pursuant to Minn. Gen. R. Prac. 111.05, that this action be deferred and excused from normal scheduling deadlines until _________, to permit the parties to engage in a formal collaborative law process. In support of this request, the parties represent to the Court as true: 1. All parties have contractually agreed to enter into a collaborative law process in an attempt to resolve their differences. 2. The undersigned attorneys are each trained as collaborative lawyers. 3. The undersigned attorneys each agree that if the collaborative law process is not concluded by the complete settlement of all issues between the parties, each attorney and his or her law firm will withdraw from further representation and will consent to the substitution of new counsel for the party. 4. The undersigned attorneys will diligently and in good faith pursue resolution of this action through the collaborative law process, and will promptly report to the Court when a settlement is reached or a soon as they determine that further collaborative law efforts will not be fruitful. Signed: ______________________________ Signed: ______________________________ Collaborative Lawyer for (Plaintiff) (Defendant) Collaborative Lawyer for (Plaintiff) (Defendant) Attorney Reg. #: _______________________ Attorney Reg. #: _______________________ Firm: ________________________________ Firm: ________________________________ Address: _____________________________ Address: _____________________________ Telephone: ___________________________ Telephone: ___________________________ Date: ________________________________ Date: ________________________________ ORDER FOR DEFERRAL The foregoing request is granted, and this action is deferred and placed on the inactive calendar until ______________, 20__, or until further order of this Court. Dated: ___________________________, 20__. ______________________________________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 158 MINNESOTA COURT RULES Judge of District Court (Added effective January 1, 2008.) Advisory Committee Comment - 2007 Amendment Form 111.03 is a new form, designed to facilitate the making of a request for deferral of a case from scheduling as permitted by Rule 111.05 when that case is going to be the subject to a collaborative law process as defined in that rule. FORM 112.01 JOINT STATEMENT OF THE CASE State of Minnesota COUNTY District Court ______________________________________ JUDICIAL DISTRICT CASE NO. ________________________________ ______________________________________ Case Type:___________________________ ________________________________ Plaintiff and JOINT STATEMENT OF THE CASE ________________________________ Defendant 1. All parties have been served with process. The case is at issue and all parties have joined in the filing of this Joint Statement of the Case. 2. Estimated trial time: ___ days ___ hours (estimates less than a day must be stated in hours). 3. Jury is requested by the ___ plaintiff ___ defendant. (If this is a change from a court to a jury request, then a $30 fee must be paid when filing this document.) 4. Concise statement of the case including facts plaintiff(s) intend to prove and legal basis for claims: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Concise statement of the case indicating facts defendant(s) intend to prove and legal basis for defenses and counterclaim: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 159 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES 6. List the names and addresses of witnesses known to either party that either party may call. Indicate the party who expects to call the witness and whether the party intends to qualify that witness as an expert. (Attach additional sheets if necessary.) Party Name/Addresses of Witnesses Please Indicate if Expert Witness _______________________ ________________________ _____________________Ye s _______________________ ________________________ _____________________Ye s _______________________ ________________________ _____________________Ye s 7. Identify any party or witness who will require interpreter services, and describe the services (specifying language, and, if known, particular dialect) needed. __________________________ ______________________________________________________________________________ ______________________________________________________________________________ 8. In claims involving personal injury, attach a statement by each claimant, whether by complaint or counterclaim, setting forth a detailed description of claimed injuries and an itemized list of special damages as required by the rule. Indicate whether parties will exchange medical reports. 9. In claims involving vehicle accidents, attach a statement describing the vehicles with information as to ownership and the name of insurance carriers, if any. [Signature Blocks] (If more space is needed to add additional information or parties, attach a separate sheet typed in the same format.) The undersigned counsel have met and conferred this ___ day of __________ and certify the foregoing is true and correct. ____________________________________________ Signature ____________________________________________ Signature ____________________________________________ Signature ____________________________________________ Signature (Amended effective March 1, 2009.) FORM 114.01 [Deleted effective January 1, 1998] FORM 114.02 [Deleted effective January 1, 1998] FORM 119.05 (Form deleted effective March 1, 2009.) FORM 142.02 [Renumbered Form 417.02] Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 160 MINNESOTA COURT RULES FORM 145.1 - RECEIPT OF MINOR SETTLEMENT ORDER AND FUNDS (Gen. R. Prac. 145.05) State of Minnesota County of ___________ _____________________________ District Court __________ Judicial District Case Type: ______________________________ Plaintiff/Petitioner Case No. ___________________ and RECEIPT OF MINOR SETTLEMENT ORDER AND FUNDS _____________________________ (Provided Pursuant to Rule 145 of the Defendant/Respondent Minnesota General Rules of Practice) 1.__________ ("Financial Institution") acknowledges receipt of the sum of $__________ on behalf of __________ in this action. 2. Financial Institution acknowledges receipt of the Order Approving Settlement and For Deposit Into Restricted Account dated __________ in this action, and that the funds delivered remain subject to that order in the account specified below: Name of Depository: ________________________________ Branch Name: Branch Address: Account Number: Date Account Opened: Current Balance: ________________________________ ________________________________ ________________________________ _(Place on separate form 11.1*)______ ________________________________ $ ______________________________ 3. This account is a federally insured, restricted account, and no withdrawal of either principal or interest shall be allowed by Financial Institution without a signed court order in this case. Dated: ______________ Type or Print Name __________________________ Signature: __________________________ Title: __________________________ * = As required by Rule 11.2 of the Minnesota General Rules of Practice (Added effective January 1, 2003; amended effective July 24, 2013.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 161 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES FORM 145.2 - COMBINED MOTION AND ORDER FOR RELEASE OF MINOR SETTLEMENT FUNDS (Gen. R. Prac. 145.05) State of Minnesota County of __________ ________________________________ District Court __________ Judicial District Case Type: _______________ Plaintiff/Petitioner Case No. _________________ and COMBINED MOTION AND ORDER FOR RELEASE OF MINOR SETTLEMENT FUNDS ________________________________ (Pursuant to Rule 145 of the Defendant/Respondent Minnesota General Rules of Practice) 1. _______________ ("Movant") requests an order of permitting withdrawal of funds now held in a restricted account pursuant to a minor settlement approved in this action on _______________. Movant brings this Motion as the ________ (Minor, now past the age of majority-Date of Birth ________________) or ________ ______ to minor. (Specify whether trustee, custodian, parent, legal guardian, conservator, or other specified role). 2. Funds are now held on behalf of _______________ in the following account: Name of Depository: ___________________________________ Branch Name: Branch Address: Account Number: Date Account Opened: Current Balance: ___________________________________ ___________________________________ ___________________________________ ____(Place on separate form 11.1*)___ ___________________________________ $ __________________________________ * = As required by Rule 11.2 of the Minnesota General Rules of Practice 3. Previous withdrawals from the account, each of which was approved by the Court, are as follows: ______ None or ______ $__________ on __________ for the purpose of _____________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 162 MINNESOTA COURT RULES $__________ on __________ for the purpose of _____________ $__________ on __________ for the purpose of _____________ □ Check if additional space is necessary, and attach a separate sheet with that information. 4. Movant seeks the release of funds in the amount of $_______________ for the following reason: ______ Minor has reached the age of 18 and this is a final distribution or ______ The funds will be used for the benefit of the minor in the following way: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________. □ Check if additional space is necessary, and attach a separate sheet with that information. 5. Funds should be disbursed as follows: $ ___________________________________ to _________________________________ $ ___________________________________ to _________________________________ $ ___________________________________ to _________________________________ □ Check if additional space is necessary, and attach a separate sheet with that information. I declare under oath and penalty of perjury under the laws of the State of Minnesota that the foregoing is true and correct and that any funds released pursuant to this request will be used for the benefit of the minor and in the way stated. Dated: ______________. Type or Print Name _________________________ Signature: ________________________________ (sign only in front of notary public or court administrator) Sworn / affirmed before me this ___________ day of __________,__________ (DATE) ___________ (MONTH) __________ (YEAR) ____________________________________ Notary Public / Deputy Court Administrator ORDER APPROVING RELEASE OF FUNDS Pursuant to the foregoing Motion, IT IS HEREBY ORDERED that Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 163 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES 1. Movant is authorized to withdraw funds to be made payable as follows: $ ______________________________ to _______________________________________ $ ______________________________ to _______________________________________ 2. ___________ This is a final distribution of funds from this account and the account may accordingly be closed following this final distribution or ____________ This is not a final distribution of funds and this account must be maintained as to the remaining funds and subject to all restrictions on distribution previous ordered. 3. Other provisions: _________________________________________________________ _________________________________________________________________________ Dated: _____________. ______________________________________ Judge of District Court (Added effective January 1, 2003; amended effective January 13, 2003; amended effective July 24, 2013.) PART H. MINNESOTA CIVIL TRIALBOOK Section 1. Scope; Policy This Trialbook is a declaration of practical policies and procedures to be followed in the civil trials in all the trial courts of Minnesota. It has been written to standardize practices and procedures throughout the state with the hope, and expectation, that trial time and expense will be reduced and that justice to the litigants and public acceptance of trial procedures will be increased. It is recommended that the policies and procedures be generally and uniformly used. However, it is recognized that situations will arise where their use would violate the purpose for which they were drafted. In such circumstances, the policies and procedures should be disregarded so that justice, not form, may prevail. The provisions of this Trialbook may be cited as Minn. Civ. Trialbook section _________. Sections 2 to 4. (Deleted effective January 1, 1998) Section 5. Pre-Trial Conferences (a) Settlement procedures. Settlement conferences are encouraged and recommended for case disposition. However, because of the diversity of approaches to be used, specific procedures are not set forth. Lawyers will be notified by the court of the procedures to be followed in any action where settlement conferences are to be held. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 164 MINNESOTA COURT RULES (b) Procedures to be followed. In those courts where a formal pre-trial conference is held prior to assignment for trial, a trial date shall be set and the conference shall cover those matters set forth in paragraphs (d) and (e) of this section. (c) Settlement discussions with court. The court may request counsel to explore settlement between themselves further and may engage in settlement discussions. (d) Pretrial chambers conferences. At an informal chambers conference before trial the trial court shall: (1) determine whether settlement possibilities have been exhausted; (2) determine whether all pleadings have been filed; (3) ascertain the relevance to each party of each cause of action; and, (4) with a view to ascertaining and reducing the issues to be tried, shall inquire: (i) whether the issues in the case may be narrowed or modified by stipulations or motions; (ii) whether dismissal of any of the causes of actions or parties will be requested; (iii) whether stipulations may be reached as to those facts about which there is no substantial controversy; (iv) whether stipulations may be reached for waiver of foundation and other objections regarding exhibits, tests, or experiments; (v) whether there are any requests for producing evidence out of order; (vi) whether motions in limine to exclude or admit specified evidence or bar reference thereto will be requested; and (vii) whether there are any unusual or critical legal or evidentiary issues anticipated; (5) direct the parties to disclose the number and names of witnesses they anticipate calling, and to make good faith estimates as to the length of testimony and arguments; (6) direct the parties to disclose whether any party or witness requires interpreter services and, if so, the nature of the interpreter services (specifying language and, if known, particular dialect) required; (7) inquire whether the number of experts or other witnesses may be reduced; (8) ascertain whether there may be time problems in presentation of the case, e.g., because of other commitments of counsel, witnesses, or the court and advise counsel of the hours and days for trial; and (9) ascertain whether counsel have graphic devices they want to use during opening statements; and (10) ascertain whether a jury, if previously demanded, will be waived. If a jury is requested, the judge shall make inquiries with a view to determining: (i) the areas of proposed voir dire interrogation to be directed to prospective jurors, and whether there is any contention that the case is one of "unusual circumstances"; (ii) the substance of a brief statement to be made by the trial court to the prospective jurors outlining the case, the contentions of the parties, and the anticipated issues to be tried; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 165 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES (iii) the number of alternate jurors (it is suggested that the identity of the alternates not be disclosed to the jury); and (iv) in multiple party cases, whether there are issues as to the number of "sides" and allocation of peremptory challenges. (e) Formal conference. After conclusion of the informal chambers conference and any review of the court file and preliminary research the court finds advisable, a formal record shall be made of: (1) arguments and rulings upon motions, bifurcation, and order of proof; (2) statement of stipulations, including whether graphic devices can be used during opening statement; and (3) in a jury trial, specification of: (i) the brief statement the trial court proposes to make to prospective jurors outlining the case, contentions of the parties, and anticipated issues to be tried; (ii) the areas of proposed voir dire interrogation to be directed to the prospective jurors; (iii) whether any of the defendants have adverse interests to warrant individual peremptory challenges and number of them; (iv) the number of alternate jurors, if any, and the method by which the alternates shall be determined; (v) the need for any preliminary jury instructions. Cross Reference: Minn. R. Civ. P. 116; Minn. Gen. R. Prac. 111, 112. (Amended effective March 1, 2009.) Task Force Comment - 1991 Adoption Subsection (a) is derived from existing Trialbook paragraph 6. The deleted language is unnecessary as it merely repeats other requirements. Subsection (b) is derived from existing Trialbook paragraph 7. Subsection (c) is derived from existing Trialbook paragraph 8. Subsection (d) is derived from existing Trialbook paragraph 9. Subsection (e) is derived from existing Trialbook paragraph 10. This section sets forth many of the matters which can, and often should, be discussed in pretrial proceedings. The section does not enumerate all the subjects that can be discussed or resolved in pretrial conferences or other pretrial proceedings. The pretrial conference is intended to be a flexible device and the trial judge has considerable discretion to tailor the pretrial conference to suit the needs of an individual case. Many matters that may be useful in pretrial conferences are discussed in the Federal Judicial Center's Manual for Complex Litigation (2d ed. 1985). The Task Force considered proposals and concerns expressed on the subject of the role of trial judges, both in jury trial matters and bench trial matters. The Task Force believes this is a difficult issue, and one on which trial judges and counsel should have guidance. The Task Force recommends Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 166 MINNESOTA COURT RULES that this problem area be given further study by the Minnesota Supreme Court and interested bar associations. Advisory Committee Comment - 2008 Amendment Section 5(d)(6) is new, added to reflect the amendments to Rules 111.02(l), 111.03(b)(8), and 112.02(g), requiring earlier disclosure of information about the potential need for interpreter services in a case, either for witnesses or for a party. See Minn. Gen. R. Prac. 8.13. Section 6. Voir Dire of Jurors (a) Swearing Jurors to Answer. The entire panel shall be sworn by the clerk to truthfully answer the voir dire questions put to them. The clerk shall then draw the names of the necessary persons who shall take their appropriate seats in the jury box. (b) Statement of the Case To and Examination of Prospective Jurors. The court shall make a brief statement to the prospective jurors introducing the counsel and parties and outlining the case, contentions of the parties, and anticipated issues to be tried and may then permit the parties or their lawyers to conduct voir dire or may itself do so. In the latter event, the court shall permit the parties or their lawyers to supplement the voir dire by such further nonrepetitive inquiry as it deems proper. (c) Challenges for Cause. A challenge for cause may be made at any time during voir dire by any party or at the close of voir dire by all parties. (d) Peremptory Challenges. Each adverse party shall be entitled to two peremptory challenges, which shall be made alternately beginning with the defendant. The parties to the action shall be deemed two, plaintiffs being one party, defendants the other. If the court finds that two or more defendants have adverse interests, the court shall allow each adverse defendant additional peremptory challenges. When there are multiple adverse parties, the court shall determine the order of exercising peremptory challenges. (e) Voir Dire of Replacements. When a prospective juror is excused, the replacement shall be asked by the court: (1) whether he or she heard and understood the brief statement of the case previously made by the judge; (2) whether he or she heard and understood the questions; (3) whether, other than to personal matters such as prior jury service, area of residence, employment, and family, the replacement's answers would be different from the previous answers in any substantial respect. If the replacement answers in the affirmative to (3) above, the court shall inquire further as to those differing answers and counsel may make such supplemental examination as the court deems proper. (f) Alternates. (Deleted effective January 1, 2000.) Cross Reference: Minn. R. Civ. P. 47; Minn. Gen. R. Prac. 123. Advisory Committee Comment - 1999 Amendment Subsections (a), (b), (d), and (f) are derived from existing Trialbook paragraphs 11-15. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 167 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES Subsection (c) is derived from the analogous provision of the rules of criminal procedure, Minn. R. Crim. P. 26.02(3)(a)(4). The present provisions relating to jury selection are spread among numerous different sets of rules. The civil rules have not heretofore specified a time for exercise of peremptory challenges. Some judges ask a party conducting voir dire examination before the conclusion of the jury selection process to "pass the jury for cause." This section will make it clear that challenges for cause can be made at any time, even after voir dire by other parties. Although the section provides for administration of oaths to jurors, an affirmation should be used as to any juror or panel member preferring it. Section 6(f) dealing with alternates is deleted in 1999 to conform this rule to the abolition of alternates under the Rules of Civil Procedure. Minn. R. Civ. P. 47.02 was abrogated by the 1998 amendments to the Rules of Civil Procedure, effective January 1, 1999. Section 7. Preliminary Instructions After the jury is sworn, but before opening statements, the judge shall instruct the jurors generally as follows: (1) to refrain from communicating in writing or by other means about the case, to use the jury room rather than remaining in the courtroom or hallway, and to avoid approaching, or conversations with counsel, litigants, or witnesses, and that they must not discuss the case, or any aspect of it among themselves or with other persons; (2) that if a juror has a question or communication for the court (e.g., as regards time scheduling), it should be taken up with, or transmitted through, the appropriate court personnel who is in charge of the jurors as to their physical facilities and supplies; (3) that the jurors will be supplied with note pads and pencils, on request, and that they may only take notes on the subject of the case for their personal use, though they may bring such notes with them into the jury room once they commence deliberations in the case. The jury should receive a cautionary instruction that they are to rely primarily on their collective recollection of what they saw and heard in the courtroom and that extensive note taking may distract them from properly fulfilling this function; (4) as to law which the judge determines to be appropriate; and (5) that, as with other statements of counsel, the opening statement is not evidence but only an outline of what counsel expect to prove. Upon submission of the case to the jury, the judge shall instruct the jury that they shall converse among themselves about the case only in the jury room and only after the entire jury has assembled. Cross Reference: Minn. R. Civ. P. 39.03. Task Force Comment - 1991 Adoption This section was derived from existing Trialbook paragraph 16, without significant change. Section 8. Opening Statement and Final Arguments (a) Scope of Opening. Counsel on each side, in opening the case to the jury, shall only state the facts proposed to be proven. During opening statement counsel may use a blackboard or paper for illustration only. There shall be no display to the jury of, nor reference to, any chart, graph, map, picture, model or any other graphic device unless, outside the presence of the jurors: Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 168 MINNESOTA COURT RULES (1) it has been admitted into evidence; or (2) such display or reference has been stipulated to; or (3) leave of court for such reference or display has been obtained. (b) Final Arguments. Final arguments to the jury shall not misstate the evidence. During final argument counsel may use a blackboard or paper for illustration only. A graphic device, such as a chart, summary or model, which is to be used for illustration only in argument shall be prepared and shown to opposing counsel before commencement of the argument. Upon request by opposing counsel, it shall remain available for reference and be marked for identification. (c) Objections. Objections to remarks by counsel either in the opening statement to the jury or in the closing argument shall be made while such statement or argument is in progress or at the close of the statement or argument. Any objection shall be argued outside the juror's hearing. If the court is uncertain whether there has been a misstatement of the evidence in final argument, the jurors shall be instructed to rely on their own recollections. Cross Reference: Minn. R. Civ. P. 39.04; Minn. Gen. R. Prac. 124. Task Force Comment - 1991 Adoption Subsection (a) is derived from Rule 27(a) of the Code of Rules for the District Court and existing Trialbook paragraph 17. Subsection (b) is derived from existing Trialbook paragraphs 30 and 44. Subsection (c) is derived from Rule 27(f) of the Code of Rules and existing Trialbook paragraph 31. Section 9. Availability of Witnesses (a) Exchange of Information as to Future Scheduling. In order to facilitate efficient scheduling of future witnesses and court time, all parties shall communicate with one another and exchange good faith estimates as to the length of witness examinations together with any other information pertinent to trial scheduling. (b) "On-Call" Witnesses. It is the responsibility of an "on-call" witness proponent to have the witness present in court when needed. (c) Completion of Witness' Testimony. Except with the court's approval, a witness' testimony shall be pursued to its conclusion and not interrupted by the taking of other evidence. Upon the conclusion of a witness's testimony the court should inquire of all counsel whether the witness may be excused from further attendance and if affirmative responses are given, the court may then excuse the witness. (d) Excluding Witnesses. Exclusion of witnesses shall be in accordance with Minn. R. Evid. 615. (e) Issuance of Warrants. A warrant for arrest or body attachment for failure of a witness to attend shall not be released for service unless it is shown by the applicant party, in a hearing outside the presence of jurors, that (1) service of the process compelling attendance was made at a time providing the witness with reasonable notice and opportunity to respond, and (2) no reasonable excuse exists for the failure to attend or, if the reason for the failure to attend is unknown to the Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 169 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES applicant party, due diligence was used in attempting to communicate with such witness to ascertain the reason for the failure to attend. Cross Reference: Minn. R. Civ. P. 43. Task Force Comment - 1991 Adoption Subsection (a) is derived from existing Trialbook paragraph 54. Subsection (b) is derived from existing Trialbook paragraph 55. Subsection (c) is derived from existing Trialbook paragraph 56. Subsection (d) is derived from existing Trialbook paragraph 57, with significant change. Subsection (e) is derived from existing Trialbook paragraph 61. Subsection (d) now simply makes it clear that Minn. R. Evid. 615 governs the sequestration of witnesses. The existing provision of existing Trialbook paragraph 57 appears to be inconsistent with the Rules of Evidence, and should be superseded. Section 10. Examination of Witnesses (a) Objections. Lawyers shall state objections succinctly, stating only the specific legal grounds for the objection without argument. Argument, if allowed by the court, and any offer of proof shall be made outside of the hearing of the jury and on the record. (b) Caution to Witnesses. Before taking the stand and outside of the hearing of the jury, a witness called by counsel shall be cautioned by such counsel to be responsive to the questions and to wait in answering until a question is completed and a ruling made on any objection. Lawyers should advise their clients and witnesses of the formalities of court appearances. Counsel may request the court to caution a witness while on the stand as to the manner of answering questions. (c) Questions Not to be Interrupted. A question shall not be interrupted by objection unless then patently objectionable. (d) Effect of Asking Another Question. An examiner shall not repeat the witness' answer to the prior question before asking another question. An examiner shall wait until the witness has completed answering before asking another question. If a question is asked before the preceding question of the same examiner is answered or any objection is ruled upon, it shall be deemed a withdrawal of the earlier question. (e) Number of Examinations. On the trial of actions only one counsel on each side shall examine or cross-examine a witness, and one counsel only on each side shall sum up the case to the jury, unless the judge otherwise orders. (f) Counsel's Use of Graphic Devices. Counsel may use a graphic device to diagram, calculate, or outline chronology from witnesses' testimony. (g) Familiarity with witnesses, jurors and opposing counsel. Lawyers and judges shall not exhibit undue familiarity with adult witnesses, parties, jurors or opposing counsel, or each other and the use of first names shall be avoided. In arguments to the jury, no juror shall be singled out and addressed individually. When addressing the jury, the lawyers shall first address the court, who shall recognize the lawyer. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 170 MINNESOTA COURT RULES (h) Matters to be Out of Jury's Hearing. The following matters shall be held outside the hearing of jurors. Counsel wishing to argue such matters shall request leave from the court. The first time this request is granted in a trial, the judge shall advise the jurors that matters of law are for the court rather than the jury and that discussions as to law outside the jurors' hearing are necessary and proper for counsel to request. (1) Arguments: Evidentiary arguments and offers of proof as provided for in section 10(a) of this Trialbook; (2) Offers to Stipulate: Counsel shall not confer about stipulations within possible jury hearing, nor without leave of the court when such conference would impede trial progress; (3) Requests for Objects: Other than requests to a witness during testimony, requests by a party to opposing counsel for objects or information purportedly in the possession of the opposing counsel or party shall be made outside the hearing of jurors; (4) Motions: Motions for judgments on the pleadings, to exclude evidence, directed verdict, and mistrial shall be made and argued outside the hearing of the jurors. If the ruling affects the issues to be tried by the jury, the court, after consulting with counsel, shall advise the jurors. Immediately upon granting a motion to strike any evidence or arguments to the jury, the court shall instruct the jury to disregard the matter stricken; and (5) Sensitive Areas of Inquiry: Areas of inquiry reasonably anticipated to be inflammatory, highly prejudicial, or inadmissible, shall be brought to the attention of opposing counsel and the court outside the hearing of jurors before inquiry. A question of a witness shall be framed to avoid the suggestion of any inadmissible matter. (i) Questioning by Judge. The judge shall not examine a witness until the parties have completed their questions of such witness and then only for the purpose of clarifying the evidence. When the judge finishes questioning, all parties shall have the opportunity to examine the matters touched upon by the judge. If a lawyer wants to object to a question posed by the court, he or she shall make an objection on the record outside the presence of the jury. The lawyer shall make a "motion to strike" and ask for a curative instruction. (j) Advice of Court as Self-Incrimination. Whenever there is a likelihood of self-incrimination by a witness, the court shall advise the witness outside the hearing of the jurors of the privilege against self-incrimination. (k) Policy Against Indication as to Testimony. Persons in the courtroom shall not indicate by facial expression, shaking of the head, gesturing, shouts or other conduct disagreement or approval of testimony or other evidence being given, and counsel shall so instruct parties they represent, witnesses they call, and persons accompanying them. (l) Policy on Approaching the Bench. Except with approval of the court, persons in the courtroom shall not traverse the area between the bench and counsel table, and counsel shall so instruct parties they represent, witnesses they call, and persons accompanying them. (m) Use of Depositions and Interrogatories. A party, before reading into evidence from depositions or interrogatories, shall cite page and line numbers to be read, and pause briefly for review by opposing counsel and the court and for any objections. The court may require designation of portions of depositions to be used at trial in a pretrial order. Cross Reference: Minn. R. Civ. P. 43. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 171 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES Task Force Comment - 1991 Adoption Subsections (a)-(d) are derived from paragraphs 48-53 of the existing Trialbook, in order. Subsection (e) is derived from Rule 27(d) of the Code of Rules. Subsection (f) is derived from paragraph 59 of the existing Trialbook. Subsection (g) is derived from paragraph 58 of the existing Trialbook. Subsection (h) is derived from paragraph 18 of the existing Trialbook. Subsections (i)-(l) are derived from paragraphs 62-65 of the existing Trialbook, in order. Subsection (m) is derived from existing Trialbook, paragraph 22. Section 11. Interpreters The party calling a witness for whom an interpreter is required shall advise the court in the Civil Cover Sheet, Initial Case Management Statement, or Joint Statement of the Case of the need for an interpreter and interpreter services (specifying language and, if known, particular dialect) expected to be required. Parties shall not use a relative or friend as an interpreter in a contested proceeding, except as approved by the court. Cross Reference: Minn. R. Civ. P. 43. (Amended effective March 1, 2009; amended effective July 1, 2013.) Task Force Comment - 1991 Adoption This section is derived from existing Trialbook paragraph 60. Advisory Committee Comment - 2008 Amendment This section is amended to incorporate the amendments to Rules 111.02(l), 111.03(b)(8), and 112.02(g), requiring earlier disclosure of information about the potential need for interpreter services in a case, either for witnesses or for a party. See Minn. Gen. R. Prac. 8.13. Section 12. Exhibits (a) Pre-Trial Exchange of Lists of Exhibits. Each party shall prepare a list of exhibits to be offered in evidence, and exchange copies of such lists with other counsel prior to the pre-trial conference. Such lists shall briefly describe each exhibit anticipated to be offered in evidence. Prior to the commencement of trial, copies of all documents on the list of exhibits shall be made available by the proponent for examination and copying by any other party. (b) Counsel to Organize Numerous Exhibits. If it can reasonably be anticipated that numerous exhibits will be offered in a trial, all counsel shall meet with designated court personnel shortly prior to or during a recess of the trial for the purpose of organizing and marking the exhibits. All exhibits shall be marked for identification before any reference by counsel or by a witness. (c) Marking of Exhibits First Disclosed During Trial. When an exhibit is first disclosed, the proponent shall have it marked for identification before referring to it. (d) Collections of Similar and Related or Integrated Documents. Each collection of similar and related or integrated documents shall be marked with a single designation. If reference is made Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 172 MINNESOTA COURT RULES to a specific document or page in such collection, it shall be marked with a letter the arabic exhibit number assigned to the collection, e.g., "1-a," "21-b," "2-g," etc. (e) Oral Identification of Exhibits at First Reference. Upon first reference to an exhibit the proponent shall briefly refer to its general nature, without describing the contents. (f) When Exhibits to be Given to Jurors. Exhibits admitted into evidence, subject to cursory examination, such as photographs and some other demonstrative evidence, may be handed to jurors only after leave is obtained from the court. Other exhibits admitted into evidence, not subject to cursory examination, such as writings, shall not be handed to jurors until they retire to the jury room upon the cause being submitted to them. If a party contends that an exhibit not subject to cursory examination is critical and should be handed to jurors in the jury box during the course of the trial, counsel shall request leave from the court. Such party shall be prepared to furnish sufficient copies of the exhibit, if reasonably practicable, for all jurors in the event such leave is granted; and upon concluding their examination, the jurors should return the copies to the bailiff. In lieu of copies, and if reasonably practicable, enlargements or projections of such exhibits may be utilized. The court may permit counsel to read short exhibits or portions of exhibits to the jury. (g) Exhibits Admitted in Part. If an exhibit admitted into evidence contains some inadmissible matter, e.g., a reference to insurance, excluded hearsay, opinion or other evidence lacking foundation, the court, outside the hearing of the jury, shall specify the excluded matter and withhold delivery of such exhibit to the jurors unless and until the inadmissible matter is physically deleted. Such redaction may be accomplished by photocopying or other copying which deletes the inadmissible portions, and in such event, the proponent of such exhibit shall prepare and furnish a copy. If redaction by such copying is not accomplished, the parties shall seek to reach a stipulation as to other means; and failing so to do, the admissible matter may be read into evidence with leave of the court. (h) Evidence Admitted for a Limited Purpose. When evidence is received for a limited purpose or against less than all other parties, the court shall so instruct the jury at the time of admission and, if requested by counsel, during final instructions. (Amended effective January 1, 1994.) Cross Reference: Minn. R. Civ. P. 43. Advisory Committee Comment - 1994 Amendment Subsection (a) is derived from existing Trialbook paragraph 37. Subsection (b) is derived from existing Trialbook paragraph 38. Subsection (c) is derived from existing Trialbook paragraph 39. Subsection (d) is derived from existing Trialbook paragraph 41. Subsection (e) is derived from existing Trialbook paragraph 42. Subsection (f) is derived from existing Trialbook paragraph 19. Subsection (g) is derived from existing Trialbook paragraph 20. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 173 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES Subsection (h) is derived from existing Trialbook paragraph 21. Former subsection (d) is deleted because uniform exhibit marking is now covered by Minn. Gen. R. Prac. 130, a new rule effective on the same date. The remaining sections are renumbered for convenience. The provisions of subsection (f) are not intended to limit in any way the discretion of the trial court as to what evidence is allowed to go to the jury room. Any evidence that is fragile, perishable, or hazardous may properly not be allowed into the jury deliberation room. Section 13. Custody of Exhibits (a) Return of Exhibits to Court Personnel. Immediately after conclusion of the examination of a witness regarding an exhibit shown to a witness, counsel shall return it to the court personnel. (b) Exhibits after Trial. Upon the completion of trial, the administrator shall index and retain all exhibits until the case is finally disposed of and all times for appeal have expired and they are either retrieved by the party offering them or destroyed pursuant to Minn. Gen. R. Prac. 128. In the event an appeal is taken, the court administrator shall deliver the exhibits to the Clerk of Appellate Courts in accordance with the procedures of the appellate courts. (c) Bulky Exhibits. Any time after trial and upon the agreement of all parties, the court administrator may arrange the return of bulky exhibits to the party offering them at trial. Cross Reference: Minn. R. Civ. P. 43, 77; Minn. Gen. R. Prac. 128, 129. Task Force Comment - 1991 Adoption Subsection (a) is derived from existing Trialbook paragraph 43. Subsection (b) is new, although the subject is covered in a number of current rules. Section 14. Sealing and Handling of Confidential Exhibits When briefs, depositions, and other documents or an exhibit such as a trade secret, formula or model are to be treated as confidential, if size permits, such an exhibit shall be placed in a sealed envelope clearly labeled as follows: "This envelope contains Exhibits _____ which are confidential and sealed by order of the court. This envelope shall not be opened, nor the contents hereof revealed, except by order of the court." Such an envelope and other confidential exhibits shall be kept in a locked container such as a file cabinet or some other secure location under the supervision of the administration until released by order of the court. If testimony is taken which would reveal the substance of confidential exhibits, the courtroom shall be cleared of all persons other than parties, their lawyers, and court personnel. Those present, including jurors, shall be directed by the court to refrain from disclosing the substance of the confidential exhibits. The pertinent portions of the reporter's notes or transcript shall be kept in a locked container after being placed in a sealed envelope clearly labeled as follows: "This envelope contains confidential references sealed by order of the court. This envelope shall not be opened, nor the contents hereof revealed, except by order of the court." Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 174 MINNESOTA COURT RULES Briefs and other documents submitted in or after trial ordinarily should not describe the substance of confidential exhibits but should refer to them only by number or letter designation pursuant to the uniform method of marking exhibits. Cross Reference: Minn. R. Civ. P. 26.03, 43, 77; Minn. Gen. R. Prac. 128, 129. (Amended effective July 1, 2015.) Task Force Comment - 1991 Adoption This section is derived from existing Trialbook paragraph 47. For a discussion of balancing tests applicable to requests to seal documents, see Minneapolis Star & Tribune Co. v. Schumacher, 392 N.W.2d 197, 202-206 (Minn. 1986). Section 15. Instructions (a) When Jury Instructions to be Submitted. Jury instructions shall be submitted in accordance with Minn. R. Civ. P. 51. Written requests for instructions shall list authorities. (b) Conference Regarding Instructions and Verdicts. Before final argument and after submission to the court of all proposed jury instructions and verdict forms, a conference shall be held outside the presence of jurors. A reporter is not required at the beginning of the conference while the court reviews with counsel any proposed instructions or verdict forms and discusses: (1) whether any proposed instructions or verdict forms are inappropriate and will be voluntarily withdrawn; (2) whether there is any omission of instructions or verdict forms which are appropriate and shall be offered and given without objection; and (3) whether there is any other modification of instructions or verdict forms to which the parties will stipulate. Thereafter, the conference shall be reported and the court shall: (1) specify those instructions and verdict forms the court proposes to give, refuse, or modify, whether at the request of a party or on its own initiative; (2) hear formal argument, and rule upon any objections to, and offers of, the proposed instruction and verdict forms. (c) Specifying Disposition of Instructions. Upon determining the instructions to be given, refused, or modified, the court shall indicate the disposition and sign or initial them. (d) Stipulations Regarding Further Procedure. At a conference prior to the submission of the case to the jury, the court may request that the parties consider stipulating: (1) that in the absence of any counsel the court may, upon request of the jury, read to the jury any and all instructions previously given; (2) that in the absence of the court after the original submission of the case to the jury, any judge of the court may act in the court's place up to and including the time of dismissal of the jury; (3) that a stay of entry of judgment for an agreed upon number of days shall be granted after a verdict; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 175 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES (4) that a sealed verdict may be returned; and (5) that the presence of the clerk and reporter, the right to poll the jury, and the right to have the verdict immediately recorded and filed in open court are waived. (e) Changing Jury Instructions. If, after the chambers conference and at any time before giving the instructions and verdict form to the jurors, the court determines to make any substantive change the court shall so advise all parties outside the hearing of jurors. If the court determines to make a substantive change after final argument, the court shall permit additional final argument. The court shall also make a statement on the record regarding any changes. (f) Use of Jury Instructions in Jury Room. Jury instructions may be sent to the jury room for use by the jurors if the court so directs. The number, title, citation of authority, and history shall be removed from each instruction. Stricken portions shall be totally obliterated and any additions shall be completely legible. Cross Reference: Minn. R. Civ. P. 51. Task Force Comment - 1991 Adoption Subsection (a) is derived from existing Trialbook paragraph 24. Subsection (b) is derived from existing Trialbook paragraph 25. Subsection (c) is derived from existing Trialbook paragraph 26. Subsection (d) is derived from existing Trialbook paragraph 27. Subsection (e) is derived from existing Trialbook paragraph 28. Subsection (f) is derived from existing Trialbook paragraph 32. Section 16. Questions by Jurors If the jury has a question regarding the case during deliberations, the court shall instruct the foreperson to reduce it to writing and submit it through appropriate court personnel. Upon receipt of such a written question, the court shall review the propriety of an answer with counsel, unless counsel have waived the right to participate or cannot be found after reasonable and diligent search documented by the court. Such review may be in person or by telephone, and shall be on the record outside the hearing of the jury. The written question and answer shall be made a part of the record. The answer shall be given in open court, absent a stipulation to the contrary. Cross Reference: Minn. R. Civ. P. 47, 49. Task Force Comment - 1991 Adoption This section is derived from existing Trialbook paragraph 34. Section 17. Special Verdicts (a) Special Verdict Forms. A party requesting a special verdict form should prepare the proposed form and submit it to the court and serve it upon the other counsel prior to the chambers conference referred to in section 15 of this Trialbook. (b) Filing. Proposed special verdict forms shall be filed and made part of the record in the case. (c) Copies of Verdict. The court may provide copies of the verdict form to the jury or to each juror for use during arguments or instruction. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 176 MINNESOTA COURT RULES Cross Reference: Minn. R. Civ. P. 49. Task Force Comment - 1991 Adoption Subsection (a) is derived from existing Trialbook paragraph 33. Subsection (b) is new. Subsection (c) is new. The Task Force believes that it may be useful in some cases to allow the jury to have a copy or copies to be used during arguments of counsel or instructions by the court. It is not wise to permit multiple copies of the verdict form to be taken into the jury room, however. Section 18. Polling and Discharge (a) Polling the Jury. Upon the return of any verdict and at the request of a party the jury shall be polled. Polling shall be conducted by the trial court or by the clerk at the trial court's direction by asking each juror: "Is the verdict read your verdict?" (b) Discharge of the Jury. In discharging the jury, the court shall: (1) Thank the jury for its service; (2) Not comment on the propriety of any verdict or failure to reach same; (3) Advise the jurors that they may, but need not, speak with anyone about the case; and (4) Specify where and when any jurors are to return for further service. Cross Reference: Minn. R. Civ. P. 47-49. Task Force Comment - 1991 Adoption Subsection (a) is derived from existing Trialbook paragraph 35. Subsection (b) is derived from existing Trialbook paragraph 36. TITLE III. REGISTRATION OF LAND TITLES PART A. PROCEEDINGS FOR INITIAL REGISTRATION