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All too often, parties with family law cases complain that the court made errors
as part of their divorce case or their family law motion hearing.
Complaints range from concerns about a biased judge, limitations on the ability
of parties to present their case because the court limited witnesses or
evidence, or a failure to properly consider evidence or to apply the law.
When errors are made, there are remedies. However, any remedy
requires that the person challenging the order acts swiftly. A delay in
filing necessary motions or an appeal may usurp any opportunity to challenge
judicial errors. The consequences can be long term and severe.
General Rules of Practice: Title 4, Rule 375 - Clerical Mistakes
Under the Minnesota General Rules of Practice, a Motion can be made after the
entry of an order or judgment to correct clerical mistakes. Clerical mistakes
would include:
(1)
typographical errors;
(2)
errors in mathematical
calculations in orders including orders for temporary support
Such errors
may be corrected by the child support magistrate at
any time upon the magistrate’s own initiative or upon motion of any party
after notice to all parties. The Motion must be brought within twenty
(20) days of the day the parties were served with a Notice of Entry of the order
by the Court Administrator.
To respond to a motion to correct clerical mistakes the party shall perform
items (a) through (e) within ten (10) days of the date the party was served with
the motion.
General Rules of Practice: Title 4, Rule 376 - Motion for
Review
If a party believes that errors, other than clerical errors were made a motion
for review may be filed. The review is based on the evidence
previously submitted and no new evidence is allowed unless subsequently
requested by the reviewing judge or Magistrate. The review will be submitted in writing
without any appearance by any party at a hearing and will be heard by a child
support Magistrate or a District Court Judge. the party filing the
Motion may request that the motion for review is decided by a District Court
Judge. The request should be included in the Motion.
This is often a precursor to an appeal. Like a Motion to correct clerical
errors, the Motion for review must be filed within twenty (20) days of the day
the parties were served with a Notice of Entry of the order by the Court
Administrator.
If desired, a transcript of the court proceeding may be ordered as part of the
review.
A Motion for review must:
(a) state the reason(s) the review is requested;
(b) state the specific change(s) requested;(c) specify the evidence or law that supports the requested change(s);
(d) state whether the party is requesting that the review be by the child
support magistrate that issued the order being reviewed or by a district
court judge;(e) state whether the party is requesting an order authorizing the party to
submit new evidence;
(f) state whether the party requests an order granting a new hearing;
(g) include the acknowledgement as required pursuant to
Rule 379.04; and
(h) be signed by the initiating party or that party’s attorney.
To respond to a Motion for Review, a party must respond within thirty (30) days of the date the party was served
with the notice.
A response to a motion for review, combined motion, or counter motion
shall:
(1) state why the relief requested should or should not be
granted;
(2) if new issues are raised, state the specific change(s)
requested;(3) if new issues are raised, specify the evidence or law that
supports the requested change(s);
(4) state whether the party is requesting that the review be by
the child support magistrate who issued the order being reviewed or by a
district court judge;
(5) state whether the party is requesting an order authorizing the
party to submit new evidence;
(6)
state whether the party requests an order granting a new hearing (7)include an acknowledgement as required pursuant to
Rule 379.04; and
(8) be signed by the responding party or that party’s attorney.
The reviewing Judge or Magistrate must issue an order on the Motion
within forty-five (45) days after the last submission is received.
General Rules of Practice: Title 2, Rule 115.11 - Motion for
Reconsideration
Motions to reconsider are specifically prohibited
by this rule except by express permission of the court. To seek permission
to file a Motion for reconsideration, a party must send a letter to the court,
serving the other party and show compelling circumstances as to why the Order
should be reconsidered. The letter to the deciding Judge or Magistrate may not
be longer than two pages in length. By the same token, any responses to
such requests, shall be made only by letter to the court of no more than two
pages in length, and a copy of which must be sent to theopposing counsel or
party.
(a) Standard. If during a trial by jury a party
has been fully heard on an issue and there is no legally sufficient evidentiary
basis for a reasonable jury to find for that party on that issue, the court may
decide the issue against that party and may grant a motion for judgment as a
matter of law against that party with respect to a claim or defense that cannot
under the controlling law be maintained or defeated without a favorable finding
on that issue.
Rules of Civil Procedure, Rule 52.02, 59.01 and 59.03 - Motion for
New Trial
After a trial, any party may file a motion for a new trial. Such a Motion
for a new trial must be served within 30 days after an order is entered or
service of notice by a party of the filing of the decision or order. It
must be heard within 60 days. In response, the court may amend its findings or make additional findings, and may amend the
judgment accordingly if judgment has been entered. Again, no new evidence
is allowed. The motion must be made on the files, exhibits, and minutes of
the court. A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes:
(a) Irregularity in the proceedings of the court, referee, jury, or prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair trial
(b) Misconduct of the jury or prevailing party;
(c) Accident or surprise which could not have been prevented by ordinary prudence;
(d) Material evidence newly discovered, which with reasonable diligence could not have been found and produced at the trial;
(e) Excessive or insufficient damages, appearing to have been given under the influence of passion or prejudice;
(f) The verdict, decision, or report is not justified by the evidence, or is contrary to law; but, unless it be so expressly stated in the order granting a new trial, it shall not be presumed, on appeal, to have been made on the ground that the verdict, decision, or report was not justified by the evidence. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a new judgment.
Appeal - Minnesota Rules of Appellate Procedure
An appeal must be filed within sixty (60) days from the entry of an order or
Judgment or from an Order denying the a Motion for reconsideration, a
correction for clerical errors, or for a new trial.
The Notice of Appeal must be served on the other party or their attorney and
filed with the court along with a $500 filing fee and posting a cost bond of
$500 unless waived.
The rules of appellate procedure are very specific and unforgiving. As
a result it is extremely important to have an attorney for such an appeal.
As a general rule, the appealing party must file a brief within thirty (30) days
after the transcript of the hearing is delivered to the court. The
responding party has thirty (30) days after service of the appealing party's
brief to respond with their own brief. The appellant has ten (10)
days after receiving the respondent's brief to provide a response. The
party may request oral argument or ask that the Appellate court decide the
matter based on written submissions.
The basis for an appeal must be stated in the Statement of the case and may
include reasons such as:
(1) Constitutional arguments related to the subject matter or procedure;
(2) An error of law by the deciding Judge or Magistrate;
(3) An abuse of discretion by the deciding Judge or Magistrate;
(4) The order is unsupported by the evidence;
(5) The Courts Conclusions of Law are unsupported by its Findings of Fact.
Different standards of review apply depending on the issue being presented.
Understanding that standard of review is critical to a successful appeal.
If a hearing is requested and granted, your matter will be heard before
a panel of three appellate court judges. Each side is allowed twenty (20)
minutes to argue their case. After a hearing, the Appellate Court will
issue their decision, usually within ninety (90) days after the oral argument.
With decades of experience in appellate matters and Motions for review, we
can assist you in determining the proper appellate issues and timely filing of
your claim. Given the long lasting implications of an adverse order, it is
important to contact experienced counsel in seeking remediation of court errors.
For a consultation call (612) 240-8005 |
