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Minnesota Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.


Title: Understanding the Minnesota Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice Introduction: In Minnesota, when a party wishes to modify the location of a deposition from that originally stated in the notice, they can file an Affidavit in Support of a Motion for an Order to take the deposition at a designated place other than initially indicated. This affidavit serves as a legal document requesting the court's permission to change the deposition location. This article will provide a comprehensive overview of the Minnesota Affidavit in Support of Motion for Order, its purpose, and potential types. 1. Purpose of the Affidavit: The primary purpose of the Minnesota Affidavit in Support of Motion for Order is to allow a party to request relocation of a deposition to a designated place already agreed upon by both parties or designated by the court. The affidavit aims to demonstrate valid reasons justifying the requested change in location, such as convenience, the witness's health, cost-efficiency, or other circumstances. 2. Key Elements of the Affidavit: When drafting a Minnesota Affidavit in Support of Motion for Order, several crucial elements should be included: a. Caption: Start by addressing the court with a caption specifying the case's name, court district, and case number. This ensures proper identification and filing. b. Affine Information: Provide the affine's (petitioner) full name, address, contact details, and their role in the case (plaintiff, defendant, etc.). c. Background: Summarize the relevant facts of the case, the pending deposition, and the originally stated deposition location mentioned in the notice. d. Reason(s) for Relocation: Clearly articulate the reasons supporting the requested change in deposition location. These reasons might include the witness's unavailability or inability to travel, medical conditions, inconvenience caused to parties or witnesses, or any other justifiable grounds. e. Proposed Designated Place: Specify the desired new location for the deposition and explain why it is suitable or more convenient for all parties involved. f. Notice to Opposing Party: Include details of any attempts made to inform the opposing party about the intent to relocate the deposition. Mention their response, if any. g. Relief Requested: Clearly state the relief sought, which is an order permitting the deposition to take place at the designated place proposed. h. Affine's Attestation: The affine must sign the affidavit and provide a notary's acknowledgment to ensure the document's authenticity and validity. 3. Potential Types of Minnesota Affidavit in Support of Motion for Order: Though the Minnesota Affidavit in Support of Motion for Order mostly follows a general structure and purpose, it may vary depending on specific cases. Some potentially different types can include: a. Medical Affidavit: This type of affidavit might be filed when the witness has medical conditions that prevent them from traveling to the initially stated deposition location. b. Convenience Affidavit: If the proposed designated place proves to be more convenient for multiple parties involved, such as reducing travel time or costs, a convenience-based affidavit may be submitted. c. Emergency Affidavit: In situations where an emergency arises, making it necessary to change the deposition location on short notice, an emergency affidavit can be filed. Conclusion: When seeking to modify the deposition location in Minnesota, the Affidavit in Support of Motion for Order serves as a crucial legal tool. Understanding its purpose, key elements, and the potential types of affidavits based on specific circumstances can help build a strong case for a successful application to relocate a deposition. It is essential to consult with legal professionals to ensure compliance with applicable laws and effectively present the reasons justifying the change in location.

Title: Understanding the Minnesota Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice Introduction: In Minnesota, when a party wishes to modify the location of a deposition from that originally stated in the notice, they can file an Affidavit in Support of a Motion for an Order to take the deposition at a designated place other than initially indicated. This affidavit serves as a legal document requesting the court's permission to change the deposition location. This article will provide a comprehensive overview of the Minnesota Affidavit in Support of Motion for Order, its purpose, and potential types. 1. Purpose of the Affidavit: The primary purpose of the Minnesota Affidavit in Support of Motion for Order is to allow a party to request relocation of a deposition to a designated place already agreed upon by both parties or designated by the court. The affidavit aims to demonstrate valid reasons justifying the requested change in location, such as convenience, the witness's health, cost-efficiency, or other circumstances. 2. Key Elements of the Affidavit: When drafting a Minnesota Affidavit in Support of Motion for Order, several crucial elements should be included: a. Caption: Start by addressing the court with a caption specifying the case's name, court district, and case number. This ensures proper identification and filing. b. Affine Information: Provide the affine's (petitioner) full name, address, contact details, and their role in the case (plaintiff, defendant, etc.). c. Background: Summarize the relevant facts of the case, the pending deposition, and the originally stated deposition location mentioned in the notice. d. Reason(s) for Relocation: Clearly articulate the reasons supporting the requested change in deposition location. These reasons might include the witness's unavailability or inability to travel, medical conditions, inconvenience caused to parties or witnesses, or any other justifiable grounds. e. Proposed Designated Place: Specify the desired new location for the deposition and explain why it is suitable or more convenient for all parties involved. f. Notice to Opposing Party: Include details of any attempts made to inform the opposing party about the intent to relocate the deposition. Mention their response, if any. g. Relief Requested: Clearly state the relief sought, which is an order permitting the deposition to take place at the designated place proposed. h. Affine's Attestation: The affine must sign the affidavit and provide a notary's acknowledgment to ensure the document's authenticity and validity. 3. Potential Types of Minnesota Affidavit in Support of Motion for Order: Though the Minnesota Affidavit in Support of Motion for Order mostly follows a general structure and purpose, it may vary depending on specific cases. Some potentially different types can include: a. Medical Affidavit: This type of affidavit might be filed when the witness has medical conditions that prevent them from traveling to the initially stated deposition location. b. Convenience Affidavit: If the proposed designated place proves to be more convenient for multiple parties involved, such as reducing travel time or costs, a convenience-based affidavit may be submitted. c. Emergency Affidavit: In situations where an emergency arises, making it necessary to change the deposition location on short notice, an emergency affidavit can be filed. Conclusion: When seeking to modify the deposition location in Minnesota, the Affidavit in Support of Motion for Order serves as a crucial legal tool. Understanding its purpose, key elements, and the potential types of affidavits based on specific circumstances can help build a strong case for a successful application to relocate a deposition. It is essential to consult with legal professionals to ensure compliance with applicable laws and effectively present the reasons justifying the change in location.

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How to fill out Minnesota Affidavit In Support Of Motion For Order That Deposition Be Taken At A Designated Place Other Than That Stated In Notice?

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FAQ

Rule 69. Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise.

Rule 35.02 - Report of Findings (a) If requested by the party against whom an order is made pursuant to Rule 35.01 or by the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of a detailed written report of the examination setting out the examiner's findings and ...

Rule 56. The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record or in a written decision the reasons for granting or denying the motion.

Most important is Rule 30.04(a), which is intended to constrain the conduct of attorneys at depositions. The rule limits deposition objections to concise statements that are directed to the record and not so suggesting a possible answer to the deponent.

Rule 38. In actions for the recovery of money only, or of specific real or personal property, the issues of fact shall be tried by a jury, unless a jury trial is waived or a reference is ordered.

16.02Scheduling and Planning A schedule shall not be modified except by leave of court upon a showing of good cause.

Rule 33. Interrogatories may, without leave of court, be served upon any party after service of the summons and complaint. No party may serve more than a total of 50 interrogatories upon any other party unless permitted to do so by the court upon motion, notice and a showing of good cause.

Rule 60. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time upon its own initiative or on the motion of any party and after such notice, if any, as the court orders.

More info

A subpoena for attendance at a deposition to be taken in Minnesota for an action pending in a foreign jurisdiction may be issued by the court administrator or ... Telephonic Depositions. The parties may stipulate in writing or the court may upon motion order that a deposition be taken by telephone or other remote.The filing of discovery requests and responses, other than notices of taking depositions, is already prohibited by the second paragraph of this rule; the ... May 1, 2012 — The notice of motion, motion, supporting affidavit, and if required, the request for hearing form, may be served upon the parties either by U.S.. This Guidebook is intended to be an informative and practical resource for understanding the basic procedures of the Court. The statements in this Guidebook ... Procedurally, attorneys should file their motions in the following order as separate docket entries: O. Motion (must be filed first);. O. Notice of Hearing on ... (1) Upon an individual from whom a waiver has not been obtained and filed, other than an incompetent person, by delivering a copy of the summons, and complaint,. Jan 10, 2014 — 107 However, the court drew the line with the notice seeking to have EOP designate a witness to testify regarding “any other matters relevant to ... The plaintiff may be required on motion of the clerk or any party to the action to give security within sixty days after an order of the court for all costs ... 1-12, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.

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Minnesota Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice