Civil Actions

Before starting a civil action, you must figure out if you have a legally valid claim. You must also think about how the importance and complexity of the issues compare to the value of the relief you are asking for and the costs of litigating the case in court. See Rule 1 of the MN Rules of Civil Procedure on proportionality. Court staff cannot tell you if you have a valid case or help you weigh the proportionality. It is a good idea to get legal advice before starting a civil action. Also, if you file a case that is frivolous, meant to harass the other side, or doesn't have merit, you may be ordered to pay fines as well as attorney fees and costs incurred by the other side, or have other sanctions ordered against you. See Rule 11 of the MN Rules of Civil Procedure.

Handling a civil case, either with a judge or a jury, involves many complicated steps, court rules, and procedures, so it is a good idea to get help from a lawyer.

To avoid starting a frivolous lawsuit, you should know the answers to the following two questions, and if you don't, you should talk with a lawyer.

1. Is there a legal basis for my claim? There must be a law that allows your claim against the other party.

Example: If stormwater backs up into your basement and soaks the carpet, you may wonder if you can sue the city for the cost of cleanup and carpet replacement. There may be a MN law that protects cities from lawsuits for homeowner damage that was out of the city's control or was caused by an "act of nature." In this case, your claim may not be allowed under the law.

Before filing the case with the court, you should research the law and talk with a lawyer to find out if you have a legal basis to sue. A lawyer might suggest other factors that would support your lawsuit that you did not consider, or they might tell you the reasons why you should not start a civil case.

2. Has the statute of limitations expired?  A statute of limitations is a law that sets the maximum time period someone can wait before filing a lawsuit after an event happened that caused them harm or damages. After the time limit is up, the person who was harmed loses the right to file a civil action unless there are exceptions allowed by law. Different types of claims have different statutes of limitations. If the time to sue has run out, you may no longer have a legally enforceable claim.

Court staff cannot tell you what the statute of limitations is for your case. Talk with a lawyer to see if you have a legal basis to start a civil case and/or to see if your statute of limitations has expired.

In some situations, you must take specific steps to create a basis for suing. In other words, you need to do something before you sue. For example, if you want to sue your landlord because your apartment needs repair, there may be a legal requirement to give notice to your landlord about the problems and allow time to make repairs before you can start a case. Another example is that specific procedural requirements are often involved in malpractice cases. 

Depending on the situation, steps required to be completed before starting a civil case could be included in sources such as the MN Statutes, rules, or regulations, or in a contract. Talk with a lawyer if you’re not sure whether there are special requirements that may apply to your case.

To start a lawsuit and sue someone in MN, you must complete and serve a Summons and Complaint on the defendant(s). The summons and complaint are the papers (called pleadings) that start the lawsuit. These papers tell the court and the other party what happened and explain what relief you are asking the court to give you. The person that starts the lawsuit is called the plaintiff(s). The person(s) being sued is called the defendant(s). In MN, the lawsuit is started when the summons and complaint are served on the defendant(s), not when the summons and complaint are filed with the court.

You usually sue a defendant in the county where they reside or have a place of business. However, this may change depending on the circumstances of each case. Because jurisdiction can be complicated and each case is unique, it is a good idea to talk to a lawyer. Court staff cannot give you legal advice about where you must sue the defendant.

Generally, after serving the summons and complaint, the plaintiff files their summons and complaint with the court along with proof of service (called an Affidavit of Service) or a Waiver of Service form. When you file pleadings with the court, you must pay a filing fee or ask for a fee waiver. You must also file a Civil Cover Sheet.

Civil actions (except family cases) must be filed with the court within one year after service of the summons and complaint on the defendant. See Rule 5.04 of the MN Rules of Civil Procedure. Unless the parties sign a written agreement to extend the filing deadline, failure to file within the year may result in the case being "dismissed with prejudice," which means that it can never be filed again in District Court.

After your case has been filed, you will receive notices from the court telling you what judge has been assigned to your case and scheduling deadlines and hearing dates.

Civil actions (except family cases) need to be filed with the court within one year after service of the summons and complaint on the defendant. See Rule 5.04 of the MN Rules of Civil Procedure. Unless the parties sign a written agreement to extend the filing deadline, failure to file within the year will result in the case being “dismissed with prejudice,” which means that it can never be filed in District Court.

Anyone who handles a case in court (attorneys and self-represented parties) is required to know and follow the court rules. Not knowing or understanding the rules is not an excuse for failure to follow the rules. In some situations, not following the rules can result in a case being dismissed or in fines being assessed. If you are representing yourself, you must study and follow the rules. If you do not understand the rules, you should ask a lawyer for help. Please review the Representing Yourself in Court and Going to Court Help Topics for more information.

In MN, a civil action is started when a summons and complaint are served on the defendant (person being sued). Service typically happens before a case is filed with the court and given a court file number. If you were served with a summons and complaint and don't know what you should do, talk with a lawyer immediately to get advice. Court staff can provide general information on court rules and procedures but are not allowed to give legal advice. Below is general information about responding to a civil lawsuit.

An answer is a formal document used to respond to a summons and complaint and is due within a specific deadline after service of the summons and complaint. IMPORTANT: A phone call to the plaintiff or plaintiff's attorney does not meet the requirements for an answer under the rules. See Rule 5.02 of the MN Rules of Civil Procedure. The defendant must serve a written answer within the correct timeframe or risk losing the case by default. If a deadline is missed, the plaintiff may be able to get a judgment by default against the defendant.

In most civil cases, the defendant has 21 days to respond by serving a written answer on the plaintiff. Exception: If the plaintiff sends a written request for a waiver of service and the defendant returns a signed waiver of service form, the defendant has 60 days (90 days if the defendant lives outside the United States) from the date the plaintiff sent the waiver request. See Rule 4.05 of the MN Rules of Civil Procedure.

The MN Judicial Branch has a packet for Responding to a Civil Lawsuit, which includes an answer form and instructions with steps for completing the forms and filing them in court. You are strongly encouraged to get legal advice before completing the forms to decide what to include in your answer. NOTE: This answer packet should not be used to respond to a lawsuit in Conciliation Court, or for family, juvenile, criminal, probate, or guardianship cases. Visit our Court Forms catalog to get answer forms for other case types, including:

A defendant who does not serve a written answer on the plaintiff risks having a default judgment entered against them. Under the rules, an answer is a written legal document, not a phone call, email, or other type of communication. See Rule 5.02 of the MN Rules of Civil Procedure.  

If you did not serve a written answer within the correct timeline, you may still wish to try serving and filing a late answer. It will be up to the judge in your case to decide whether to consider an answer that was served after the deadline. If you are not sure whether to try this, it is a good idea to talk to a lawyer.

A corporation or Limited Liability Company (LLC) must be represented by an attorney in District Court. This includes having an attorney sign court papers on behalf of the client corporation or LLC.

EXCEPTION: For cases limited to Hennepin or Ramsey County Housing Court, Rule 603 of the MN General Rules of Practice may allow a principal (or agent) of the corporation or LLC to sign court papers or appear in court on behalf of the business entity.

Depending on the situation, the judge may schedule a telephone conference or hearing early in the court process to meet with the parties and set deadlines for how the case will proceed. This is called a Scheduling Conference. 

In general, under Rule 26 of the MN Rules of Civil Procedure, parties in a civil action are required to disclose information to each other without being asked through the formal "discovery" process. The different types of disclosures are explained in the Definitions tab (initial disclosures, pretrial disclosures, and expert disclosures). Be aware that this website only describes the requirements of the rule in general. You should read the rules and talk with a lawyer for more specific details, including deadlines, exceptions, and penalties for failure to comply with the rules.

Unless otherwise ordered by the court, disclosures are not filed with the court, but they must be in writing, signed by the party, and served on the other party. The courts do not publish sample disclosure or discovery forms. You should talk with a lawyer for help with drafting these forms, or you may be able to find sample forms at a law library.

Failure to disclose: Be aware that failure to disclose information as required in the rules can have a negative impact on your case. Rule 37 of the MN Rules of Civil Procedure explains that if you fail to provide information or identify a witness, you may not be allowed to use that evidence in your trial or hearing. The court could also order other penalties against you.

Discovery is the process each party can use to learn what evidence the other party(ies) has about the case. The discovery process takes time, and it can be expensive, intrusive, and frustrating, especially if you do not have the help of an attorney. Discovery may not be needed in very simple cases, but both parties have a right to use discovery to get relevant information that the other party has about the facts of the case.

The basic types of discovery include depositions (oral or written testimony), written interrogatories, production of documents or items, and requests for admission. These types of discovery are defined in the Definitions tab. See MN Rules of Civ. Pro. 26.01 for a complete list of discovery methods.

Discovery generally does not involve going to court. However, if there are problems, a party can file a motion with the court and ask the judge to compel (order) a party to respond to a discovery request. They can also ask the court to impose penalties (fines, fees, or other sanctions) if a request is unreasonable, a party is not responding appropriately or on time, or for other reasons allowed by the rules.

NOTE: The courts do NOT publish sample disclosure or discovery forms. You should talk with a lawyer, or you may be able to find sample forms at a law library.

Most cases end in a settlement rather than going to trial. A settlement is an agreement between the parties to resolve the lawsuit. It is common for parties to talk about settling almost from the start of the lawsuit. A case can settle at any time, including before any pleadings have been filed with the court.

Parties may be asked several times at different stages of the case to try to settle their dispute. The judge may require the parties to meet, go to mediation, or go to another form of Alternative Dispute Resolution (ADR) to try to reach a settlement. ADR processes are other ways people can try to work out legal problems without going to trial. Parties are usually required to try ADR in civil cases before the case can go to trial. ADR involves an independent third person, called a "neutral," who tries to help resolve or narrow the areas of conflict. Mediation is one type of ADR. The parties may agree to use ADR, or the judge may require it.

The judge may also schedule a Pretrial Conference to talk with the parties about the trial issues and evidence and take steps to speed up the actual trial. You should go to the Pretrial Conference prepared to offer a solution to settle the case and be ready to consider settlement offers from the other party(ies). Each time you appear for a hearing, including the final trial, you can expect the judge to ask you and the other party(ies) what you have done to try to settle the case.

For more information, review the Alternative Dispute Resolution (ADR) and Settle Out of Court Help Topics as well as MN General Rule of Practice 114.

A settlement allows the parties to find creative solutions that fit their needs, and also allows the parties to have a "known" result in their case. Going to trial and letting the judge or jury decide is always a gamble. If you and the other party reach an agreement before the day of the trial, contact the court right away.

During a trial, a judge or jury examines the evidence to decide if the defendant should be held legally responsible for claims made by the plaintiff. A trial in which the judge makes the decision about who wins is called a "court trial" or a "bench trial." A trial in which a jury decides who wins is called a "jury trial." Civil cases are generally set up as a court trial; a party must specifically ask for a jury trial if they want one and pay a jury fee to the Court before the trial. See Minn. Stat. § 357.021.

Not every civil case can have a jury trial. Rule 38.01 of the MN Rules of Civil Procedure says that there is a right to a jury trial, unless waived, "in actions for the recovery of money only, or of specific real or personal property."

Presenting a civil case to a jury involves many complicated steps, including picking the members of the jury and giving the court proposed jury instructions at the end of the trial. If you want to have your case presented to a jury, it is a good idea to get help from a lawyer.

To learn more about the civil trial process, please review the Civil Trial Booklet: What to Expect as a Self-Represented Party in a Civil Trial (without a jury).

Generally, in a civil trial without a jury the plaintiff presents their side of the case first. When the plaintiff "rests" (finishes presenting their evidence), the defendant then has the chance to present their side of the case. The common stages of a civil trial are explained in the Definitions tab.

To learn more about the civil trial process, please review the Civil Trial Booklet: What to Expect as a Self-Represented Party in a Civil Trial (without a jury).