Our blog has moved, and is new and improved.

You should be automatically redirected in 3 seconds. If not, visit
and update your bookmarks.

Thursday, April 24, 2008

Errors discovered in Minnesota Rules of Civil Procedure

Apparently, even the Minnesota Supreme Court can make mistakes.

Apple Valley lawyer Matthew Schaap contacted Minnesota Lawyer yesterday to let us know that there is a mistake in the discovery rules contained in the current version of the Minnesota Rules of Civil Procedure.

Rule 26.02(e), which relates to experts, contains several references to subdivisions purportedly contained in Rule 26.02(d) that don’t actually exist. Presumably, the references should be to the subdivisions contained within Rule 26.02(e) itself. The errors were most likely made when the lettering of the subdivisions was changed in the round of amendments to the civil rules that became effective July 1, 2007.

The mistakes apparently got past the rules committee and the Minnesota Supreme Court, but not Schaap’s sharp gaze.

Schaap also pointed out that Thomson West (or Thomson Reuters, or whatever they’re calling it now) made its own separate error when it published the civil rules in the latest edition of “Minnesota Rules of Court.” West’s version of Rule 26.02(a) contains an extra paragraph that should no longer be there. In the July 2007 amendments, that paragraph was reworked into a new Rule 26.02(b).


Mark Cohen, editor said...

I hate it when those things happen. I'm just glad it wasn't us. ;0)

Who Am Us Anyway? said...

Yeah I never read stories like that without immediately knocking on wood: Horseman, pass by!

Anonymous said...

The issue showing lack standard of care.

Anonymous said...

Do you think anything will be done about it?

MNObserver said...

There's another mistake! Page 39, under Rule 26.02(d) - which used to be 26.02(c) - there's a reference that says that this part of the rule is "Subject to the provisions of Rule 20.02(d)..." when it is itself 26.02(d). Why would it be subject to its own provisions???