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Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Case Law Update
Date: January 22, 2010 — Minneapolis, MN
During the week of January 22, 2010, the Minnesota appellate courts released an opinion on the following topic that may be of interest to our clients:
MINNESOTA RULES OF CIVIL PROCEDURE – COMMENCEMENT OF AN ACTION
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Delivering the summons and complaint to the sheriff by mail is insufficient to commence an action under Minn. R. Civ. P. 3.01(c). The summons and complaint must be personally delivered to the sheriff.
Minn. R. Civ. P. 3.01(c) provides that an action is commenced “when the summons is delivered to the sheriff in the county where the defendant resides.” Plaintiff’s attorney sent a copy of the summons and complaint via first class mail to the appropriate county sheriff five days before the statute of limitations expired on plaintiff’s medical-malpractice claim. However, the sheriff’s office did not receive the pleadings until five days after the limitations period had run. The sheriff served the summons and complaint the day they arrived.
The district court dismissed plaintiff’s action on the ground that the statute of limitations had expired by the time the sheriff actually received the summons and complaint. The Minnesota Court of Appeals affirmed, holding that Rule 3.01(c) requires personal delivery to the sheriff before an action is commenced. The Court noted that such a construction was consistent with other methods of commencing an action under Rule 3.01, which ensure that the defendant physically receives the summons and complaint. The Court also observed that its construction furthered the goal of providing a uniform course of procedure for all cases and eliminated uncertainty in practice.
Singelman v. St. Francis Medical Center, A09-1044 (Minn. 1/19/10).
Editorial Staff |
C. Lundberg, C. Morris, K. Putney, R.A. Williams, J.S. Andresen, M. Covin, S. Gustad, B. Sande, C. Hund, S. Sitek, T. Quick, D. Camarotto, K. Burke, J. Marquet, D. Turner, L. Pugh, M. Bradford, P. Semrow, and S. Pearson |
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