Common civil actions involve claims that the defendant (party being sued) owes money for services or purchases, breached (broke) a contract, or did something else to damage the party who started the lawsuit. The lawsuit may ask for a money judgment, return of property, or an order requiring some action (called "specific performance").
Being involved in a civil action can be stressful for both sides of the case. To limit the stress, it is helpful to understand the court process and the stages of a case. We recommend that you
talk with a lawyer to get legal advice about your specific situation.
Here are some important details about civil actions in MN:
- A civil action is a lawsuit.
- A civil action involves money, injury or damages, return of property, civil rights, or other non-criminal matters.
- A civil action is started by service (delivery) of a summons and complaint on a party or parties.
- A civil lawsuit can be started without filing the summons and complaint in court, so the first set of documents (called “pleadings”) might not include a case number (also called a court file number). If you contact the court in the early stages of a civil lawsuit, they may not find a record of it in their system but that does not mean it is not a valid lawsuit.
- The case must be filed in court within one year of service of the summons and complaint.
There are important deadlines in civil actions. Some important deadlines include:
- Time to respond with a written answer to the summons and complaint.
- Time to file the case with the court.
- Time to respond to discovery requests (such as interrogatories and requests for production of documents) and pre-trial motions.
- Any specific deadlines the court may include in its orders.
You should carefully read all notices and documents you get in your case. It is a good idea to get legal advice if you are not sure what you should do in your situation, what deadlines apply, or if you have questions about your legal rights and defenses in a civil action. You are not required to have a lawyer, but we strongly recommend that you at least talk with a lawyer to get advice about your legal rights, options, and the decisions that would be in your best interest. A lawyer for the other party is not allowed to give you legal advice.
Legal reasons why the defendant should not be held liable for the plaintiff’s damages.
A document that is used by the party being sued to respond to each claim in the complaint against them. The defendant's answer may also contain affirmative defenses.
The main part of a civil trial, where each party presents key evidence. The plaintiff usually presents their case-in-chief first. Each party may call witnesses and experts to testify, and introduce physical evidence (like photographs, documents, or medical reports).
When each party "sums up" their cases. Both parties try to convince the judge or jury that the evidence supports a decision in their favor.
A document used by the plaintiff to make a legal claim and state the facts and reasons why they should get what they are asking for in a case.
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 the opposing party can question a witness after direct examination. The purpose of cross-examination is to clarify the answers given on direct examination, and it can also be used to challenge the credibility of the witness. Cross-examination usually must be limited to the matters covered during direct examination. If the judge allows, cross-examination may get into other matters.
The party or parties being sued. A party can be an individual or a corporation.
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.
When the party taking a deposition sends written questions to the person being deposed. An officer (person who can administer oaths and take testimony) records the person's responses to the written questions. See
Rule 31 of MN Rules of Civil Procedure for more information.
When the party who called the witness to the stand asks questions of the witness as a way to present evidence that strengthens the party's position in the case.
The process of exchanging information about the witnesses and evidence each party will use at trial.
Motions that can end a case before trial if the judge decides in favor of the party who filed the motion (for example, a motion for summary judgment).
The required notification to the other party(ies) when there is a witness you have hired to provide expert testimony in the case. You must also provide a written report from the expert witness. Read
Rule 26.01(b) of MN Rules of Civil Procedure for the details that must be contained in the report and the deadlines.
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).
Written questions about things that are relevant, or important, to the case. A party can serve another party with up to 50 interrogatories. Written answers to the questions must generally be sent back within 30 days. For more information, see Rule
26.02 and
Rule 33 of MN Rules of Civil Procedure.
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.
The instructions the judge gives to the jury after the closing arguments, which includes a set of legal standards explaining the elements needed to decide which side should "win." The judge may require the parties to submit proposed jury instructions to the court.
A written legal argument that applies the law to the facts of the case. The judge may require or allow the plaintiff and defendant to file written legal briefs.
A formal request asking the judge to make a decision on a particular issue (for example, what evidence can be used, who can testify as a witness, etc.). There are many types of motions, which must be served on the other party(ies) and filed with the 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 motion by a defendant asking the judge to dismiss the plaintiff’s complaint because they believe it is legally invalid in some way (for example, the complaint did not follow procedural rules). A motion to dismiss 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.
The judge’s written decision. After hearing all the evidence, the judge will usually take the case "under advisement" to take time to think about the evidence and law. After making decisions on the contested issues, the judge issues a written order.
The party who starts a lawsuit. This could be an individual, a group of people, a business, an organization, or a corporation.
A written document (in a certain format) that explains one person's side of the dispute.
A meeting with the parties and judge before the trial starts to talk about the logistics of the trial, including evidence issues, the timeline of the trial, and the possibility of settlement.
Certain required information that all parties must share with the other party(ies) at least 30 days before the trial, which must have:
- their witness list, including which witnesses will have their testimony presented by deposition; and
- their exhibit list, identifying each document.
A document that a party wants the judge to sign. The judge may require that one or both parties file a proposed order. The judge can sign the order, make changes to the proposed order before signing it or write their own order to sign.
An additional direct examination of a party’s witness after the witness has been asked questions (cross examined) by the other party. This is where the party tries to fix any harm done to their case through cross-examination.
A document the plaintiff uses to respond to the defendant's counterclaim. The plaintiff's reply follows the same format as the answer.
A written discovery request asking another party to admit or deny certain facts about the case. Statements that are not denied or objected to within 30 days are generally considered to be admitted, although there are some exceptions.
See Rule 36 of MN Rules of Civil Procedure.
A discovery request served by one party asking the other party to produce a particular document or item, and to allow the requesting party to inspect and copy, test, or sample the document, item, or electronically stored information. See
Rule 34 of MN Rules of Civil Procedure for more information.
The delivery of copies of any papers a party is filing with the court to the other party(ies) in the case. Depending on the situation, service can be done in person, by mail, electronically, or by publication. See the
Service of Process Help Topic for more information.
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 decision of the jury.
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.