Definitions

A document that states the defendant's claims, if any, against the plaintiff. Generally, the counterclaim is combined with the answer, and the pleading is called "Answer and Counterclaim." If the defendant's claims relate to the same set of circumstances or event that led the plaintiff to claim damages against the defendant, the defendant state these claims in the counterclaim or they may not be allowed to sue for these claims later. It is also possible to include claims against plaintiff that are unrelated to the event raised in plaintiff's complaint.

When a person is questioned under oath or affirmation (in other words, the person is testifying). An officer (person who can administer oaths and take testimony) records the deposition either by sound, sound and visual, or stenographic means. A deposition is arranged by the parties or their lawyers outside of court. In certain circumstances, the testimony given at the deposition can be used as evidence at a later court trial, but only as allowed by Rule 32 of MN Rules of Civil Procedure. The party that deposes a witness has to pay for the costs of a deposition (for example, the officer who records the deposition usually charges a fee for their service). See Rule 30 of MN Rules of Civil Procedure for more information about required notices and procedures for depositions.

Certain required information that all parties must share with the other party(ies) within 60 days from when the defendant's answer is due, including:

The names of people who may have information that supports your claims or defenses. You must identify the name of the person and describe the information they may have. You must also provide their contact information (address and telephone number) if you have it.
A copy of or a description of all documents, electronically stored information, and items that you have in your possession and want to use to support your claims or defenses.
A list with the amount of each category of damages you are claiming. You must make the supporting documentation available to the other parties.

If there is an insurance agreement that could be used to satisfy (pay) all or part of a judgment, it must be made available to the other party(ies).

When a jury discusses the case to see if they can agree whether the defendant should be held liable (responsible) based on the plaintiff’s claims after getting specific instructions from the judge. If they answer "yes," they also deliberate on what compensation, if any, the defendant should pay to plaintiff. If the defendant has made any counterclaims against the plaintiff, the jury also deliberates on whether the plaintiff should be held liable for defendant's counterclaims. Once the jury reaches a decision, the jury foreperson (lead juror) informs the judge, and the judge calls the parties back to the courtroom where the verdict is announced in open court.

A motion asking for the judge to rule in one party’s favor without going through a full trial because that party believes there are no important facts in dispute and that the agreed-upon facts support a judgment in their favor. The party opposing a motion for summary judgment must show the judge that there are key facts in dispute and that a trial is necessary or can agree that the facts are not disputed but argue that the law requires a judgment in their favor. A motion for summary judgment is a dispositive motion.

A motion asking the judge to grant a judgment in the plaintiff’s favor by default because the defendant did not respond to the plaintiff's complaint within the time limit stated in the summons. Depending on the type of relief requested in the complaint and other circumstances, the defendant may or may not be notified before the default judgment is granted. See Rule 55 of the MN Rules of Civil Procedure. A motion for default judgment is a dispositive motion.

A summary of the facts of the case and what they intend to prove during the trial that is given by each of the parties (or their attorneys) at the beginning of the trial. When the trial starts, the plaintiff (or their attorney) is usually the first to give an opening statement. The defendant can give their opening statement after the plaintiff, or they can wait until the plaintiff has finished presenting their evidence. The defendant's opening statement tells the judge their version of the facts and sets the stage for responding to the plaintiff's evidence. The defendant will also present any affirmative defenses to the plaintiff's claims.

A document that tells the defendant(s) they are being sued. According to MN Rules of Civil Procedure 4.01, the summons must:

State the name of the court and names of the parties;
Be signed by the plaintiff or their attorney;
Give a MN address where the plaintiff or their attorney can be served;
State the time limit for the defendant's answer; and
Tell the defendant that the plaintiff will win if they fail to answer, so the court will enter a default judgment against the defendant and in favor of the plaintiff for the money or other action that plaintiff requested in the complaint.

The formal name for the process of jury selection (pronounced “vwahr deer”). Except in cases tried before a judge, one of the first steps in a civil trial is the selection of a jury. The judge and the parties (or their attorneys, if they have them) will question a group of potential jurors. The goal of the questions is to try to understand a juror's beliefs or experiences that might relate to the case. The judge can excuse (dismiss) potential jurors based on their answers to the questions. The plaintiff and defendant can also exclude a certain number of potential jurors. In civil actions, there are usually 6 people on a jury, up to a maximum of 12.

When a person who knows something related to the case swears to tell the truth and then explains what they know to the court. Presenting witness testimony at trial usually follows this pattern:

A party calls a witness to the stand, and the witness is "sworn in" (swears or affirms that they will tell the truth).
Direct Examination – See definition above.
Cross Examination – See definition above.
Redirect Examination – See definition above.

During the trial, either party may make an objection about questions asked of witnesses, the answers given, or other evidence being offered.

Civil Actions

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Civil Actions

Definitions

Affirmative Defense

Answer

Case-in-Chief

Claim

Closing Arguments

Complaint

Counterclaim

Cross-Examination

Defendant

Deposition Upon Oral Examination

Deposition Upon Written Questions

Direct Examination

Discovery

Dispositive Motions

Expert Disclosures

Initial Disclosure

Interrogatories

Jury Deliberation

Jury Instructions

Legal Brief

Motion

Motion for Summary Judgment

Motion for Default Judgment

Motion to Dismiss

Opening Statements

Order

Plaintiff

Pleading

Pretrial Conference

Pretrial Disclosures

Proposed Order

Redirect Examination

Reply to Counterclaim

Request for Admission

Request for Production of Documents or Things

Service of Process

Summons

Verdict

Voir Dire

Witness Testimony

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