EDRM work product is not legal advice and does not reflect the opinions or positions of the Advisory Council, Project Trustees or Individual Contributors.
Alexzandria Neumiller, paralegal, Subpoenas and eDiscovery at Prime Therapeutics LLC
Minnesota Rules of Civil Procedure –
Specific Rules with ESI Content:
RULE 16. Pretrial Conferences; Scheduling, Management
RULE 26. Duty to Disclose; General Provisions Governing Discovery
RULE 33. Interrogatories to Parties
RULE 34. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes
RULE 37. Failure to Make Disclosures or to Cooperate in Discovery: Sanctions
RULE 45. Subpoena
RULE 56. Summary Judgment
Local rules in Minnesota
Minnesota General Rules of Practice for the District Courts: https://www.revisor.mn.gov/court_rules/rule/gp-toh/
Special Rules for the Pilot Expedited Civil Litigation Track: https://www.mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Court%20Rules/Special-Rules-for-Pilot-ELT-eff-09012017-(CURRENT).pdf
State Subpoena Forms: https://www.mncourts.gov/GetForms.aspx?c=16&f=148
Other State Court Forms: https://www.mncourts.gov/GetForms.aspx?c=7#general
The Minnesota Rules of Civil Procedure regarding ESI are substantially similar to the corresponding Federal Rules of Civil Procedure. Differences include:
- Unlike Federal Rule 16(b)(3)(B)(i), Minnesota Rule 16.02 does not specify that the timing for Initial Disclosure can be modified by the Scheduling Order. That is addressed in Minnesota Rule 26.01(a)(3) and (4).
- Federal Rule 16(b)(3)(B)(ii) allows the Court to modify the extent of Discovery, Minnesota Rule 26.02(b) is the corresponding Rule that addressed what, how and why a Court may limit the scope of discovery.
- Federal Rule 16(b)(3)(B)(v) addresses court conferences before motion practice related to discovery; Minnesota Rule 26.06(d) addresses discovery conferences with the Court and Rule 26.06 in general lays out what the Discovery Conference and Discovery Plan must look like.
- While Minnesota Rule 37.05 has been amended to be consisted with the 2015 amendment to F.R.C.P. 37(e), there is an advisory committee comment for the 2018 Amendments that states “By its terms, this rule applies only to failure to produce ESI where there is a duty to preserve it. There is no reason, however, that the courts should not, in the exercise of their discretion, follow this rule where there is the failure to preserve other evidence, such as physical evidence or documents in non-electronic form.”
- MN R. Civ. P. 45.01(a)(4) directs that a subpoena must advise a person of their right to reimbursement for certain expenses pursuant to 45.03(d).
- Unlike F.R.C.P. 45(a)(1)(A)(iv), the Minnesota Rule does not require that the subpoena contain the text of Rules 45.03 or 45.04.
- MN R. Civ. P. 45.01(d) addresses subpoenas being taken in Minnesota for an action pending a foreign jurisdiction.
- MN R. Civ. P. 45.04(a)(1) – (5) corresponds with F.R.C.P. 45(e)(1)(A) – (D), and addresses rules around producing ESI.
Federal Rules of Civil Procedure:
Cornell Legal Information Institute FRCP:
Ediscovery APP: https://e-discoveryapp.com/promo/E-Discovery