Rule 146.02 - Definition of a Complex Case(a) Definition. A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.(b) Factors. In deciding whether an action is a complex case under (a), the court must consider, among other things, whether the action is likely to involve: (1) Numerous hearings, pretrial and dispositive motions raising difficult or novel legal issues that will be time-consuming to resolve;(2) Management of a large number of witnesses or a substantial amount of documentary evidence;(3) Management of a large number of separately represented parties;(4) Multiple expert witnesses; (5) Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court;(6) Substantial post judgment judicial supervision; or (7) Legal or technical issues of complexity. (c) Provisional designation. An action is provisionally a complex case if it involves one or more of the following types of claims: (1) Antitrust or trade regulation claims; (2) Intellectual property matters, such as trade secrets, copyrights, patents, etc.;(3) Construction defect claims involving many parties or structures;(4) Securities claims or investment losses involving many parties; (5) Environmental or toxic tort claims involving many parties; (6) Product liability claims; (7) Claims involving mass torts;(8) Claims involving class actions; (9) Ownership or control of business claims; or (10) Insurance coverage claims arising out of any of the claims listed in (c)(1) through (c)(9).(d) Parties' designation. In any action not enumerated above, the parties can agree to be governed by Rule 146 of these rules by filing a "CCP Election," in a form to be developed by the state court administrator and posted on the main state court website, to be filed along with the initial pleading.(e) Motion to Exclude Complex Case Designation. A party objecting to the provisional assignment of a matter to the CCP must serve and file a motion setting forth the reasons that the matter should be removed from the CCP. The motion must be served and filed within 14 days of the date the moving party is served with the CCP Designation. The motion shall be heard during the Case Management Conference or at such other time as determined by the court. The factors that should be considered by the court in ruling on the motion include the factors set forth in Rule 146.02(b) and (c) above.Minn. Gen. R. Prac. 146.02
Amended effective 7/1/2015.