is amended to implement a new statute directing the courts to accept documents
Rules of Civil Procedure
Rule: 33.01
Jurisdiction: MN
Bluebook Citation: Minn. R. Civ. P. 33.01
without notarization if they are signed under the following language: "I declare under penalty of perjury that everything I have stated in this document is true and correct." Minnesota Statutes, section 358.116 (2014) (codifying Minnesota Laws 2014, chapter 204, section 3). The statute allows the courts to require specifically by rule that notarization is necessary, but the difficulty in accomplishing and documenting notarization for documents that are e-filed and e-served militates against requiring formal notarization. Accordingly, interrogatory answers may be signed by the party under penalty of perjury, so long as the appropriate language is included above the party's signature. The rule also requires inclusion of the date of signing and the county and state where signed to provide information necessary to establish the fact and venue of possible perjury; this information is otherwise provided by notarization. Rule 15 of the Minnesota General Rules of Practice establishes uniform requirements for the formalities of documents signed under penalty of perjury. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 33.02 Scope; Use at Trial MINNESOTA COURT RULES 86 Interrogatories may relate to any matters which can be inquired into pursuant to Rule 26.02, and the answers may be used to the extent permitted by the Minnesota Rules of Evidence. An interrogatory otherwise proper is not necessarily objectionable merely because its answer involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed, a pretrial conference has been held, or at another later time. 33.03 Option to Produce Business Records Where the answer to an interrogatory may be derived or ascertained from the business records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail as to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. (Amended effective July 1, 2007.) Advisory Committee Comment - 2007 Amendment The amendment to Rule 33.03 in 2007 is simple but important. The existing rule allows a party to respond to an interrogatory by directing the requesting party to discover the information from designated documents. The amended rule does not change this procedure, but simply allows the responding party to designate electronic records from which the requested information can be obtained.
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