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Commonly Asked Questions about Minnesota Legal Procedures

Rule 21. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or upon the courts own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. MN Court Rules - civil procedure MN Court Rules courtrules MN Court Rules courtrules
The diminished capacity defense is a partial, negating defense. It can negate the specific intent element of the states case (as opposed to general intent). The burden is on the prosecutor to prove that defendants state of mind. Insanity Defense in Minnesota Mental Illness Defenses Gallagher Criminal Defense criminal-defenses-mn i Gallagher Criminal Defense criminal-defenses-mn i
State Court: the moving partys motion and supporting documents are due at least 28 days before the hearing; the opposing partys response is due at least 14 days before the hearing; and moving party may submit a reply memorandum, limited to new legal or factual matters raised by an opposing partys response to a Minnesota Motion Practice Rules Minnesota Attorney General Office CLE Slides Minnesota Attorney General Office CLE Slides
Rule 20 of the Minnesota Rules of Criminal Procedure governs competency proceedings in criminal court. Under Minnesota Rules of Criminal Procedure 20.01, a defendant is not competent if they cannot rationally consult with counsel, or understand the proceedings, or participate in their own defense. COMPETENCY RESTORATION IN MINNESOTA - Revize Revize websites CLIC Revize websites CLIC PDF
Rule 69. In aid of the judgment or execution, the judgment creditor, or successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided by these rules.
Pursuant to Minnesota Rules of Criminal Procedure (20.01 and 20.02), Rule 20 evaluations occur in criminal cases when there is a belief that a defendant may not be competent to proceed with the case or was not responsible at the time of the alleged offense because of mental illness or developmental disability.
Rule 33. No party may serve more than a total of 50 interrogatories upon any other party unless permitted to do so by the court upon motion, notice and a showing of good cause. In computing the total number of interrogatories each subdivision of separate questions shall be counted as an interrogatory.
Rule 5 prescribes the procedure at the defendants initial appearance. In most misdemeanor cases, the initial appearance will also be the time of arraignment and disposition. Rule 5.02 requires the appointment of a qualified interpreter for a defendant disabled in communication.