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David Herr Quoted in Minnesota Lawyer Article on Changes to the Minnesota Rules of Civil Procedure and the General Practice Rules

February 25, 2013

David Herr, partner in Maslon's Litigation Group, is quoted in an article in the February 11 issue of Minnesota Lawyer on revisions to the Minnesota Rules of Civil Procedure and the General Practice Rules which take effect July 1, 2013. The article includes a summary of the revisions to some of the rules, including substantial changes to Rule 26 which now requires all parties to disclose certain information to the other parties in the case, to meet and confer regarding discovery and develop a plan, and require that all discovery be proportional to the case.

"The biggest change for practitioners is for Rule 26," says David, who is a member of the Civil Justice Reform Task Force which was established by the order of Chief Justice Lorie Gildea. "Lawyers are going to have to do their legwork as the rule specifically states that parties are not excused from disclosure because [they have] not fully investigated or because it has a problem with the other side's disclosures." He adds that Rule 26 "adopts the discovery conference that is required by the federal rules. It's early and automatic and it works well in federal court," and further notes that "the task force was not copying the federal rules but takes from them. This way, the state and federal rules are consistent and attorneys know how to work with it."

"The rule on complex cases doesn't follow the language of the federal rules but does recognize that complex cases require special handling," said David. "The new rules will result in more active case management by the court that is tailored to the needs of the case, and will result in more cases being assigned to one judge."

David Herr is a highly regarded appellate lawyer and complex case litigator. He is frequently sought out to provide practical and sophisticated advice on how to resolve difficult, multi-party disputes in trial courts and arbitral forums, as well as in the appellate courts.


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