The MSBA’s Court Rules and Administration Committee is filing an amicus brief in two cases involving MN Rule of Civil Procedure 5.04 that were decided by the Minnesota Court of Appeals in August (Gams vs. Houghton and Cole vs. Wutzke). The committee is supporting the respondents in both cases with respect to the proposition that a party that has their case dismissed because it was not filed within a year of being commenced has a right to bring a motion under Rule 60.02 for relief from the Order and Judgment dismissing the case with prejudice. The committee is not taking a position on the merits of the claims for relief in either case, but instead merely supporting the right to bring a motion under Rule 60.
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