Lawyers, Answer Questions  & Get Points Log In
Minnesota Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Minnesota on
Q: Why does this need to be read without consultation concerning the underlying issues that have not yet been addressed?

I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... View More

William Bailey
William Bailey
answered on Jan 24, 2020

It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: Hi we received a letter from a law office about a old medical bill we were told would be taken care of long time ago.

They say they are taking us to court. We are on social security.... what can we do

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2019

As a starting point, you could contact the law office to learn something about the bill in terms of the amount due and what services it was for. If they are willing to discuss the matter and your explanation that you were told it would be taken care of and taking into consideration your position,... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: My name was put on a lawsuit, but

I have nothing to do with it - is there something I can file with the court to get out of it?

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2018

I do not practice in Minnesota but your question remains open for four weeks. From what you describe, it sounds as if you might not be a party to the suit. It’s difficult to say exactly what context your name is involved in the lawsuit without seeing the summons and complaint. You could show the... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: What are affirmative defenses?
Joseph A. Gangi
Joseph A. Gangi
answered on Oct 29, 2018

Generally speaking, an affirmative defense is saying "even if everything you say is true, I am still not responsible because of X." A good example is the statute of limitations: "Even if I breached the contract as you say I did, that was 10 years ago so it is too late."

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I filed a restraining order with the false information the respondent gave under perjury? How to rectify this?

This person goes by the name "Masked Babe" on Twitter, YouTube, Discord, and Twitch. I provided their twitter account and the name "masked babe" on the restraining order.

James A. Teigland
James A. Teigland
answered on Oct 21, 2018

I would prepare an "Amended Petition" with the correct name and just file it in the same case and serve the document by U.S. Mail.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Minnesota on
Q: I was recently terminated from a court ordered group class for a breach in their confidentiality agreement.

Like I said above, however we are acquaintances outside of the program and we live in a small town so word gets around quickly. I shared some info with a third party person about somebody in group told me, however the information was shared with me over a private conversation while we were sharing... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 3, 2018

In the context of successful completion of programming as a condition of probation (conditionally stayed jail or prison time), it not likely a judge will want to get into the details of why a probationer was kicked out of a program. I am skeptical that would be a fruitful approach. Rather, it may... View More

2 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: How do I get a new trial for a case that was decided against me? I have evidence that the opposing party lied in court.

I have audio recordings and new evidence that proves the opposing parties witnesses committed perjury. The Judge has a bias against me and has since refused to listen to me. Do I approach the MN Bar Association or how would I proceed to get the false charges against me dropped or reexamined in a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2018

The process for a new trial involves appealing the conviction. The alternative is too seek post-conviction relief if the time frame for appeal has expired. However this would be dependent on "newly discovered" evidence. You should consult with an attorney about what your avenues to... View More

View More Answers

1 Answer | Asked in Civil Litigation and Small Claims for Minnesota on
Q: Is there a length of time u can take a ex gf to small claims court over money that I feel she owes me?
Joseph A. Gangi
Joseph A. Gangi
answered on Jul 24, 2017

Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.

2 Answers | Asked in Civil Litigation for Minnesota on
Q: What are the laws regarding the sheriff serving judgement papers in Minnesota

They served the papers to my brother who is a minor never spoke with me and no parents were at the house

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2016

If your brother has been served in a lawsuit, the time to respond is ticking and will expire quickly. If no response is given (and the response must be a proper response, which requires an attorney 99.9999% of the time), your brother risks losing the lawsuit by way of default and the other party... View More

View More Answers

1 Answer | Asked in Civil Litigation and Personal Injury for Minnesota on
Q: Does the discovery rule apply to other cases outside of malpractice?

I had a brain tumor removed about a year and a half ago and I'm just now getting back on my feet. I have missed the statute date on a case I want to file and I'm wondering how I go about filing it late - due to a serious medical issue.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 29, 2016

The discovery rule (which varies by state) can apply to almost any tort. However, nothing in our question would implicate the discovery rule would apply.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: Is E-filing allowed in all of Minnesota?
Robert Douglas Kane Jr
Robert Douglas Kane Jr
answered on Dec 17, 2010

I believe that Hennepin County has established a pilot program and Ramsey County is soon to follow. At this point, I beleive only certain law firms are involved in the program(s). You may want to check with your specific count to see what its timeline is, and whether you can file by fax.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.