Rule 59.05 – On Initiative of Court

by | May 13, 2021 | Civil Procedure, Minnesota

Not later than 15 days after a general verdict or the filing of the decision or order, the court upon its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an...

Rule 59.04 – Time for Serving Affidavits

by | May 13, 2021 | Civil Procedure, Minnesota

When a motion for a new trial is based upon affidavits, they shall be served with the notice of motion. The opposing party shall have ten days after such service in which to serve opposing affidavits, which period may be extended by the court pursuant to Rule 59.03....

Rule 59.03 – Time for Motion

by | May 13, 2021 | Civil Procedure, Minnesota

A notice of motion for a new trial shall be served within 30 days after a general verdict or service of notice by a party of the filing of the decision or order; and the motion shall be heard within 60 days after such general verdict or notice of filing, unless the...

Rule 59.02 – Basis of Motion

by | May 13, 2021 | Civil Procedure, Minnesota

A motion made pursuant to Rule 59.01 shall be made and heard on the files, exhibits, and minutes of the court. Pertinent facts that would not be a part of the minutes may be shown by affidavit. A full or partial transcript of the court reporter’s notes may be...

Rule 59.01 – Grounds

by | May 13, 2021 | Civil Procedure, Minnesota

A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes:(a) Irregularity in the proceedings of the court, referee, jury, or prevailing party, or any order or abuse of discretion, whereby the moving party...