Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Order Promulgating Amendments to General Rules of Practice for District Courts

Supreme Court of Minnesota

July 2, 2018

ORDER PROMULGATING AMENDMENTS TO THE GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS

          Lorie S. Gildea Chief Justice.

         A petition to amend Rule 10 of the General Rules of Practice for the District Courts, which governs recognition of tribal court judgments and orders, see Minn. Gen. R Prac. 10.01-02, was filed on November 30, 2016, by the Minnesota Tribal Court/State Court Forum. We referred the petition to the Supreme Court Advisory Committee on the General Rules of Practice, which considered the Forum's petition and the proposed amendments over the course of several meetings in 2017. In addition to discussion at public meetings, the Advisory Committee accepted oral and written public comments on the current operation of Rule 10, which has not been amended since its adoption in 2003, and the need for amendments to that rule.

         The committee filed its report and recommendations regarding the Forum's petition on October 27, 2017. The committee recommends amendments to Rule 10, modified in some respects from those proposed by die Forum. The committee also recommends amendments to several other rules, primarily for housekeeping purposes. We opened a public-comment period and on March 14, 2018, held a public hearing.

         We have carefully considered the petition, die recommended amendments, and die oral and written comments regarding those recommendations. Based on that review, we grant die Forum's petition to me extent that it requests amendment of Rule 10 of me General Rules of Practice for me District Courts, and adopt for me most part die amendments to that rule as recommended by the Advisory Committee on the General Rules of Practice. We also adopt the recommended amendments to Rules 2, 14.01-.03, 301.01(b), 308.02, 361.02, 361.05, 379.04, and 403 of the General Rules of Practice for the District Courts.

         Based on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:

         1. The petition of the Minnesota Tribal Court/State Court Forum to amend Rule 10 of the General Rules of Practice is granted.

         2. The attached amendments to Rule 10 of the General Rules of Practice for the District Courts are prescribed and promulgated to be effective as of September 1, 2018, and shall apply to all cases filed on or after the effective date.

         3. The attached amendments to Rules 2, 14.01-03, 301.01(b), 308.02, 361.02, 361.05, 379.04, and 403 of the General Rules of Practice for the District Courts are prescribed and promulgated to be effective as of September 1, 2018, and shall apply to all cases pending on, or filed on or after, the effective date.

         4. The Advisory Committee comments are included for convenience and do not reflect court approval of the comments.

          THISSEN, J., not having been a member at the time of submission, took no part in the consideration or decision of this matter.

          MEMORANDUM

          PER CURIAM.

         We first adopted Rule 10 of the General Rules of Practice on December 11, 2003, effective January 1, 2004. See Order Promulgating Amendments to the Gen. R. of Prac. For the Dist. Cts. (Minn, filed Dec. 11, 2003). Adoption of this rule was preceded by substantial work, beginning in 2000 by the Minnesota Tribal Court/State Court Forum, which developed, and later filed a petition proposing, a rule to govern recognition of tribal court orders and judgments. The Supreme Court Advisory Committee for the General Rules of Practice studied the proposed rule, held meetings, and solicited public input between 2002-2003. Following a public-comment period and public hearing, we adopted Rule 10, effective January 1, 2004, which established two grounds for state-court enforcement of tribal-court orders and judgments: "recognition mandated by law," and "discretionary" recognition. Minn. Gen. R. Prac. 10.01-.02. Discretionary recognition was governed by ten factors that a district court could "consider" when deciding whether to enforce a tribal court order or judgment, including "any other factors the court deems appropriate in the interests of justice." See Minn. Gen. R. Prac. 10.02(a)(10).

         The Forum filed a petition on November 30, 2016, proposing amendments to both portions of Rule 10, mandatory recognition (Rule 10.01) and discretionary recognition (Rule 10.02). The Forum's petition proposed amendments to Rule 10.01 to move the list of statutes that mandate enforcement of tribal court orders and judgments from the Advisory Committee Comment into the body of the rule. Regarding the discretionary recognition and enforcement provided by Rule 10.02, the Forum proposed amendments intended to avoid confusion that may result from the current "complex and non-exhaustive list of considerations," provide greater certainty in the finality of orders and judgments, and avoid delays in the enforcement of orders and judgments, particularly in time-sensitive matters such as conservatorships.

         We referred the Forum's petition to the Advisory Committee, which invited written and oral comments on the Forum's proposed amendments to Rule 10. Following a series of meetings and with the benefit of a wide range of comments, the committee ultimately adopted a compromise proposal, which included proposed amendments to clarify the procedures for recognition of tribal court orders ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.