Electronic Discovery Law
In Minnesota, Amendments to the Rules of Civil Procedure Highlight Proportionality
On February 4, 2013, the Supreme Court of the State of Minnesota adopted amendments to the Rules of Civil Procedure, including those affecting discovery. Of particular note were amendments to Rules 1 and 26. Specifically (and significantly), Rule 1 was amended to state that it is the responsibility of the parties and the court to assure proportionality throughout the litigation. Accordingly, Rule 1 now states (new language is underlined):
These rules govern the procedure in the district courts of the State of Minnesota in all suits of a civil nature, with the exceptions stated in Rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.
It is the responsibility of the court and the parties to examine each civil action to assure that the process and the costs are proportionate to the amount in controversy and the complexity and importance of the issues. The factors to be considered by the court in making a proportionality assessment include, without limitation: needs of the case, amount in controversy, parties’ resources, and complexity and importance of the issues at stake in the litigation.
Similarly, in addition to other significant amendments to Rule 26, Rule 26.02(b) has been amended to require that the scope of discovery “comport with the factors of proportionality, including without limitation, the burden or expense of the proposed discovery weighed against its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.” While such limitations to discovery were previously acknowledged, the amended rule more strongly emphasizes the importance of proportionality.
Significant amendments to other rules were also adopted. Notably, an order attaching “corrective amendments” was entered several days later. Those orders are available HERE and HERE. The newly adopted amendments become effective July 1, 2013.
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