The Minnesota Supreme Court has just handed down some major revisions to the civil rules (found HERE
). These changes will result in some significant changes in the way our civil cases are handled. The changes were just handed down yesterday and will be effective July 1, 2013. The issues of most concern to claims handlers have been summarized in the five numbered points at the end of the article.
1.) The amendments may limit the use of pocket service by Plaintiffs by providing that actions must be filed with the court within one year of service or they are automatically dismissed. Plaintiffs may be less willing to use pocket service if their case can be dismissed and would have to be refiled—statute of limitations issues might come into play. No actions will be dismissed until July 1, 2014, so the bar gets a year to figure this out.
2.) Rule 26 is substantially rewritten and "federalized." An initial disclosure requirement is added and requires parties to automatically disclose such things as: the names of witnesses with knowledge of discoverable information; any relevant documents; an itemization of damages with supporting information made available for inspection; and disclosure of insurance information. These disclosures are due for both parties 60 days from the original due date of the answer.