Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Automatic Stay Misunderstood

The automatic stay language of Rule 125 of the Minnesota General Rules of Practice is often misunderstood.  Many lawyers include language in stipulated documents as follows: “Notwithstanding Gen. R. Prac. 125, Let Judgment Be Entered Immediately.” Such language is not necessary in stipulated documents.  Rule 125 and the comment specifically state that the stay applies only after a trial:

Rule 125. Automatic Stay 

The court administrator shall stay entry of judgment for thirty days after the court orders judgment following a trial unless the court orders otherwise. Upon expiration of the stay, the court administrator shall promptly enter judgment.

… The stay anticipated by this rule applies only following a trial. Where judgment is ordered pursuant to pretrial motion or by default (e.g., temporary hearings in family law), or in situations governed by other rules, including marriage dissolutions by stipulation (Rule 307(b)) and housing court matters (Rules 609 and 611(b)), the stay is not necessary and not intended by the rule. (emphasis added)

Susan Dickel Minsberg 

St. Paul

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