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2026156

In Most Minnesota Civil Cases, ADR Is Not Optional — Only the Process Is

Under Minn. Gen. R. Prac. 114.04(b), a party who will not agree on an ADR process does not avoid ADR — the court 'shall order' a non-binding one. Seven exceptions, a separate inability-to-pay provision, and a 21-day clock that turns a 'non-binding' arbitration award into an unappealable judgment.

Courts & Deadlines

The Defense Medical Exam: What Minn. R. Civ. P. 35 Actually Says

Minn. R. Civ. P. 35 never uses the word 'independent' — the scheduling rule does. What the rule actually requires is a motion, a condition 'in controversy,' 'good cause shown,' and an order specifying manner, conditions, scope and examiner. And requesting the examiner's report widens your privilege waiver beyond the case.

Injury & Insurance

You Signed a Personal Guaranty. Here Is What You Actually Agreed To.

A personal guaranty is a separate contract that survives your company's collapse and its bankruptcy. Minnesota's statute of frauds requires it in writing — and the waivers buried in the boilerplate are usually more dangerous than the guaranty itself.

Money, Debt & Credit

Minnesota Arbitration and the Account You Never Opened

Can a bank use the arbitration clause in an account you did open to force arbitration of claims about an account you never opened? Minnesota has a rule about contracts that never existed — and it does not answer this question.

Courts & Deadlines

The No-Fault Deduction Does Not Pay Anyone Back. It Pays the Defendant.

Minn. Stat. § 65B.51, subd. 1 orders the court to subtract no-fault benefits from a tort recovery — with no motion, no deadline, and, in the ordinary Minnesota crash, no subrogation right on the other side. The money does not go back to the carrier. It stays with the defendant.

Injury & Insurance

A Minnesota Trust Can Sit Empty, and Sometimes Should

Minn. Stat. § 501C.0704 says when a vacancy in a Minnesota trusteeship must be filled, when it need not be, and the exact four-tier order of priority for filling it before anyone goes to court.

Estates & Trusts

Welcome to the New madgettlaw.com

Madgett Law has launched a faster, cleaner website — with a new News section where we'll share legal insights and firm updates.

Firm News

202592

Minnesota's Ban-the-Box Law Is Two Different Statutes Wearing One Chapter Number

Minn. Stat. § 364.021 bars a public or private employer from asking about criminal history before the interview. But the direct-relationship standard in § 364.03 and the written-explanation duty in § 364.05 reach only public employment and licensing — and § 364.06, subd. 2(d) makes the private-employer remedy exclusive.

Work & Employment

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