Minnesota General Rules of Practice 14

(a) The applicant`s obligation to designate them as confidential or sealed. In addition to filing a separate non-public cover page in accordance with Rule 11.03(a) or selecting a filing code for non-public documents from a drop-down list in the electronic filing system in accordance with Rule 11.03(a)(ii), a registered user shall electronically file a document that is wholly or partially inaccessible to the public under the rules on public access to court records or any other applicable law; Court code or court order, is responsible for designating this document in the electronic filing system as confidential or sealed before it is transmitted to the court. This designation is made in the e-filing system in a field called „Comment Submission“ with the text „Is the document public, confidential or sealed?“ The registered user must file each cover page of Form 11.2 for non-public documents required by Rule 11.03(a)(i) as separate documents and mark them as public. The registered user must separate all non-public documents from public documents at the time of submission. (i) Choice to use the electronic filing system. In any country where electronic filing and service is permitted, persons who are not selected users or unrepresented litigants (e.g. Special prothonotaries, guarantors, examiners, potential intervenors, etc.), who must however submit documents to the court for submission, use the e-filing system and become registered users, but unless otherwise ordered by the presiding judge or bailiff, this is not required. Any natural or legal person who is entitled to use the e-filing system pursuant to this paragraph, becomes a registered user and submits documents for submission or service through the e-filing system shall be subject to all applicable requirements and obligations imposed on registered users under this Regulation, and that person shall then file and serve all documents electronically in that case: unless those rules or the court require or authorize otherwise. (g) Requirements and submission of documents.

Unless otherwise authorized by such rules or court orders, all documents filed electronically must comply with the technical requirements and document size requirements set forth by the State Court Administrator in the Minnesota District Court Registered User Guide for Electronic Filing. The guide is published on the website of the judicial authority (www.mncourts.gov). 1) Cases subject to mandatory electronic filing and electronic service. As of 1 July 2015, selected users must in any case file all documents with the court electronically via the e-filing system and serve documents electronically via the e-filing system and serve documents electronically via the e-filing system and serve documents electronically via the e-filing system and serve documents electronically through the electronic filing system, as required by Rule 14.03(d). of these rules. Rule 14.01(a) is amended to update the definitions to include terms previously defined in Rule 14.06. The term „unrepresented party“ is defined and used instead of „pro se party“ to use a more easily understood term. The rule also clarifies that only non-lawyers are treated as „self-represented litigants.“ A lawyer who is admitted to practise, who is a party to a case and who is not otherwise represented is treated as a represented party. It is worth understanding the reason for the phrase „required or authorized“ in the rules.

In order to achieve an orderly and efficient transition to an industry-wide judicial requirement for e-filing and e-service, courts have generally begun to freely use e-filing and e-service for some judicial activities. The courts then gradually moved to mandatory use in these cases by all lawyers. (b) rectification of the designation by the court. After review, the court may change the name of a document that is incorrectly marked as confidential or sealed and promptly notify the registered user who submitted the document of any changes. A registered user must obtain prior court authorization to submit a document marked as confidential or sealed if that document is not already publicly available under the rules on public access to court records or other applicable laws, court rules or court orders. (iii) Documents instituting proceedings. Laws or judicial regulations may require that certain documents instituting proceedings be served by conventional means. See, for example, Rule 5.02(b) of the Code of Civil Procedure (initial appeal in civil matters). (i) Choice to use the electronic filing system. Except as otherwise provided or permitted by these Rules, other court rules or a court order, an unrepresented litigant may elect to use the electronic filing system for electronic filing and service in any jurisdiction where electronic filing and service is permitted. However, unless the president of the court or the bailiff decides otherwise, a party who represents himself in the proceedings is not required to do so.

Once an unrepresented litigant has elected or been instructed to use the electronic filing system for filing and service and has become a registered user, the litigant must subsequently file and serve all documents in that case electronically, unless these Rules or the court require or approve otherwise, and is subject to all applicable requirements and obligations: imposed on registered users in accordance with these rules. (8) `registered user` means a person registered with the designated provider and authorised to file and serve documents electronically through the electronic filing system in accordance with those rules; Minnesota Rules of Court – State (Vol. I) provides state court rules, including: Documents filed electronically and paper documents filed conventionally but converted into electronic form by the court are official court records for all purposes. Certified true copies may be issued by conventional means or as otherwise permitted by law, provided that no certified copy of the proposed orders is made. Except as otherwise provided in these Rules or by order of the Tribunal, a paper document filed in a conventional manner need not be retained by the Tribunal after the Tribunal has scanned, recorded, scanned or otherwise reproduced the document in a file, document or electronic image. (f) Judicial opinions. The court may transmit any document or communication to a registered user through the electronic filing system. The notification takes effect as soon as the court transmits the document or communication to the electronic filing system.

The court may also transmit communications outside the electronic filing system in accordance with Rule 14.02(a) or other applicable regulations. Rule 14.03(d)(2) recognizes that any means of service may be sufficient under the Regulations if the party to be served has consented to its use. Therefore, service by email outside the court system is acceptable and effective if the parties have consented to it. However, in the event that such an agreement is reached, the parties should indicate when this service is effective, as the rules may not specify that date or time. While there is virtually no limit on how service could be effected with the consent of the party served, in the absence of consent, only the methods expressly permitted by the regulations are effective.

Dieser Eintrag wurde veröffentlicht am Allgemein. Setzte ein Lesezeichen permalink.