Hearing

If no Joint Statement has been timely filed, the court may set the matter for hearing. Cross Reference: Minn. R. Civ. P. 16, 35.04; Minn. Civ. Trialbook, section 5. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 80 MINNESOTA COURT RULES Advisory Committee Comment - 1994 Amendment This rule is new. The procedures implemented by this rule supplement the procedures of Rule 111. The rule does not require that a Joint Statement of the Case be used. The court can direct the parties to file separate statements, although the same format should be followed for such separate statements of the case. The requirement that the parties confer to prepare a statement does not require a face-to-face meeting; the conference can be by telephone if that is suited to the needs of the particular case. The final sentence of Rule 112.01 is added to provide a mechanism for the plaintiff ordered to file a Joint Statement of the Case but unable to obtain cooperation of the opposing parties. Although the rule as originally drafted did not place an undue burden on the plaintiff, the trial courts have occasionally done so when the plaintiff's opposing parties have thwarted the preparation of the Statement of the Case and prevented its filing. The amendment allows the plaintiff to proceed individually in that circumstance.