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

Amicus briefs filed on Minn. R. Civ. P. 5.04

The MSBA filed two amicus briefs in February on issues involving Minn. R. Civ. P. 5.04 (see Gams v. Houghton and Cole vs. Wutzke). Effective July 1, 2014, Rule 5.04 was amended to require that any case be filed with the court within one year after its commencement against any party, unless the parties stipulate to extend the filing period, or it will be deemed dismissed. Dismissal under the rule is with prejudice.

The amicus briefs filed by the MSBA set forth our argument that a party whose case is dismissed under Rule 5.04 because it was not filed within a year of being commenced should have the right to bring a motion under Minn. R. Civ. P. 60.02 for relief from the Order and Judgment dismissing the case with prejudice. In addition, the amicus briefs posit that any actions pertaining to modifying, vacating or enforcing Rule 5.04 dismissals should be entered by a judge rather than a district court administrator. The MSBA thanks members of the Court Rules and Administration Committee for looking at these issues. Particular thanks are due to Charles Webber, who drafted the amicus briefs with assistance from Daniel Cragg and Robin Wolpert.

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