Isabella Carter
Civil trials in Minnesota are lawsuits that involve money, injury or damages, return of property, civil rights, or other non-criminal matters. They are started by serving a summons and complaint on the defendant, who is the party being sued. Civil trials can take anywhere from one day up to a year or more, depending on the complexity of the case and whether there are any appeals. To file a civil case in Minnesota, you must submit a signed complaint, a civil cover sheet, a summons, and either pay a $405 filing fee or file an application to waive the fee. Unlike criminal cases, there is no legal right to have the court appoint a lawyer for a civil case in Minnesota, although you may file a motion for the court to appoint one.
| Characteristics | Values |
|---|---|
| Filing fee | $405.00 |
| Statute of limitations | Deadline to bring a claim in a civil lawsuit |
| Complaint requirements | One original complaint, one civil cover sheet, one summons, and either an IFP application or payment of the filing fee |
| Service of process | Federal Rule of Civil Procedure 4 outlines rules for serving defendants, including business entities, government officials, and minors |
| Trial duration | Most civil cases require 1-3 days of trial time, but complex cases may require 1-2 weeks or more |
| Verdict timing | With a civil jury trial, the jury often gives a verdict at the final day of trial or a few days after |
| Decision timing | With a judge or “bench” trial, the judge might take a few weeks or up to 90 days to issue a written decision |
| Appeal duration | A civil lawsuit appeal generally needs to be filed within 60 days after a decision and may take 6 months or more for a decision from the Minnesota Court of Appeals |
| Delays | Delays can occur due to interlocutory appeals, attorney or judge changes, witness issues, related cases or bankruptcy, and stalling or non-participation by a party or attorney |
| Settlement | Parties may informally try to resolve the issue, seek legal advice, and enter settlement discussions |
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What You'll Learn
Civil trial procedure
Civil trials in Minnesota follow a set of procedures outlined by the state's Rules of Civil Procedure. The process begins with the filing of a complaint and other necessary documents, including a summons, with the Clerk's Office. A civil cover sheet and either an IFP application or a $405 filing fee must also be submitted. Once filed, the case is assigned a docket number and a judge.
The next step is to serve the summons and complaint to the defendant(s). Federal Rule of Civil Procedure 4 outlines the process for serving defendants, which can vary depending on the type of defendant (e.g., business entity, government official, or minor). Those over 18 and not involved in the lawsuit can serve the summons and complaint. If the plaintiff has IFP status, the United States Marshals Service will serve the documents on their behalf.
After the initial filings and service of process, the case proceeds to the discovery stage. This stage involves exchanging information and documents with the opposing party, responding to discovery requests, and engaging in pre-trial motions. Deadlines for these processes are set by the court, and failure to comply with them can result in sanctions or loss of the case. It is important to seek legal advice to understand one's rights and obligations during this stage.
Following discovery, the case proceeds to trial. Most civil trials in Minnesota last between one and three days, but complex cases can take longer. Civil jury trials usually result in a verdict on the final day of the trial or a few days after. In a judge or "bench" trial, the judge has up to 90 days to issue a written decision. If there are post-trial motions, the process can extend by another one to three months.
After the trial and decision, there is a possibility for an appeal. Appeals are rare in Minnesota state civil courts and must generally be filed within 60 days of the decision. The appeal process can take six months or more, and if it reaches the Minnesota Supreme Court, it could take an additional six months or longer.
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Filing a civil case
To file a civil case in Minnesota, you must submit a complaint and other necessary documents to the Clerk's Office of one of the state's 87 district courts. You will need one original complaint, one civil cover sheet, and one summons. You must also submit either an IFP application or a $405 filing fee. An IFP application, or Application to Proceed in District Court Without Prepaying Fees or Costs, is a request to waive the filing fee due to financial hardship. This request is generally granted to those who the court deems unable to pay the fee.
Once your complaint is filed, your case will be given a docket number and assigned to a judge. You should also keep a copy of each document for your own records. It is recommended that you keep extra copies of the summons and complaint to serve on each defendant. Serving the summons and complaint is typically done by a process server and is subject to Rule 4 of the Federal Rules of Civil Procedure. This rule outlines different processes for serving certain types of defendants, such as business entities, government officials, and minors.
It is important to note that there is a time limit, called a statute of limitations, for filing a civil lawsuit. Each alleged violation of the law has its own statute of limitations, and these may differ from each other. Therefore, it is advisable to seek legal advice to understand your specific situation, legal rights, options, and the deadlines that apply to your case. While you are not required to have a lawyer for a civil case, the court may, in limited circumstances, appoint one. However, such requests are rarely granted.
After filing, the judge will hear arguments and set litigation deadlines. It is important to respond promptly to pleadings, motions, and discovery to avoid sanctions or losing your case. Delays can also extend the overall duration of the case. Most civil cases in Minnesota require 1-3 days of trial time, but complex cases can take 1-2 weeks or more. If there are any post-trial motions, you can expect to add another 1-3 months to the process.
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Civil case duration
The duration of a civil case in Minnesota can vary depending on several factors. Most civil cases require 1-3 days of trial time, but complex cases may require 1-2 weeks or more. If there are any post-trial motions, this can add another 1-3 months.
After a party serves a Summons and Complaint to start a lawsuit, the party must file it in the proper court in Minnesota within one year unless the parties agree otherwise. If a case is not filed within this year, the "pocket filing rule" (Minnesota Rule of Civil Procedure 5.04(a)) automatically dismisses the case. However, if a case is not yet filed in court, there is no Scheduling Order in place.
Once a case is filed, the court will schedule trial dates. There are several factors that can cause delays in the scheduling of trials, such as interlocutory appeals, changes in attorneys or judges, witness availability, related cases that must be resolved first, and bankruptcy or criminal matters.
During the trial, the judge or jury will hear arguments and set litigation deadlines. If one party fails to respond to pleadings or motions in a timely manner, they may lose their right to defend the case. If they do not participate in the discovery process, the judge can issue sanctions, limit the evidence they can present, or deem the other party's evidence true.
After the trial, the decision-making process can take a few weeks up to 90 days, depending on whether it is a jury or judge trial. If there is an appeal, it generally needs to be filed within 60 days, and it may take 6 months or more to get a decision from the Minnesota Court of Appeals. An appeal to the Minnesota Supreme Court could take another 6+ months.
It is important to note that the collection process after a judgment can also impact the overall duration of a civil case. If the debtor does not cooperate or has few assets, the judgment creditor may take years trying to collect on the judgment. A judgment generally lasts 10 years in Minnesota and can be renewed.
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Civil case costs
In Minnesota, there are several costs associated with civil cases. Firstly, filing a motion or response to a motion in civil cases (excluding child support) incurs a $100 fee. This fee is mandated by Minn. Stat. § 357.021, subd. 2(4) and Court Operations Policy 506(h). Additionally, requesting a trial by jury carries a $100 fee, as per Minn. Stat. § 357.021, subd. 2(1), 134A.09, and 134A.10. If the request for a trial by jury is made at the same time as the first paper is filed, the total fee is $410, comprising a base fee of $310 and a jury trial fee of $100.
The Minnesota Judicial Branch also outlines fees for certified copies of documents from civil proceedings, which cost $14 each. Copies of reports generated from case management systems are charged at $25 for every 50 pages or part thereof. Exemplified and certified copies of any instrument from a civil proceeding cost $28, while uncertified copies are free. Scanning fees are $25 for every 50 pages or part thereof.
It is important to note that court users may request a fee reduction or waiver if they cannot afford to pay. This is known as an IFP (in forma pauperis) application, which translates to "in the form of a pauper." A magistrate judge reviews and decides on these requests.
The duration of a civil case can also impact costs. Most civil cases in Minnesota require 1-3 days of trial time, but complex cases can take 1-2 weeks or more. If there are any post-trial motions, another 1-3 months should be expected. Appeals are rare in Minnesota state civil courts, but if an appeal is filed, it generally needs to be within 60 days of the decision, and it may take 6 months or more to receive a decision from the Minnesota Court of Appeals. An appeal to the Minnesota Supreme Court could add another 6+ months to the process.
Additionally, delays in civil cases can occur due to various factors, such as uncooperative parties, witness inconsistencies, related bankruptcy or criminal matters, and medical emergencies. These delays can impact the overall cost of a civil case.
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Civil case outcomes
Civil cases in Minnesota can be resolved in a few ways, including settlement, trial, or appeal. Here are some possible outcomes:
Settlement
Before a civil trial, the involved parties may try to informally resolve the issue. If successful, attorneys may draft a settlement and release agreement. Mediation is also an option to encourage settlement.
Trial
Most civil cases in Minnesota require 1-3 days of trial time, but complex cases may take 1-2 weeks or longer. Civil jury trials usually result in a verdict on the final day of the trial or a few days after. In a judge or "bench" trial, the judge may take a few weeks or up to 90 days to issue a written decision.
Verdict and Judgment
The outcome of a civil trial is typically a verdict by the jury or a decision by the judge. If the plaintiff wins, the defendant may be ordered to pay money (compensatory damages), return property, or perform a specific action.
Post-Trial Motions and Appeals
If there are post-trial motions, it can add another 1-3 months to the process. Appeals are less common in Minnesota state courts for civil lawsuits. However, if an appeal is filed, it generally needs to be within 60 days of the decision, and it may take 6 months or more to receive a decision from the Minnesota Court of Appeals. If the case is further appealed to the Minnesota Supreme Court, it could take an additional 6+ months.
Judgment Enforcement
Enforcing a judgment can vary in difficulty depending on the debtor's cooperation and assets. A judgment creditor may face challenges collecting the judgment if the debtor is uncooperative or has limited assets. Judgments generally last 10 years in Minnesota and can be renewed.
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Frequently asked questions
The filing fee for a civil case in Minnesota is $405. However, if you cannot afford the fee, you can file an Application to Proceed in District Court Without Prepaying Fees or Costs (IFP application).
Most civil cases require 1-3 days of trial time, but complex cases may require 1-2 weeks or more. If there are any post-trial motions, add another 1-3 months. A civil lawsuit rarely reaches the appeal stage in Minnesota state courts.
Common civil actions involve claims that the defendant owes money for services or purchases, breached a contract, or did something else to damage the party who started the lawsuit. The lawsuit may ask for a money judgment, return of property, or an order requiring some action (called "specific performance").
Unlike criminal cases, where there is a right to counsel, a person filing a civil case has no legal right to have the Court appoint a lawyer to assist them. However, it is strongly recommended that you at least consult a lawyer to get advice about your legal rights, options, and the best decisions in your specific situation.
