Bill Text: MN SF2044 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Civil actions; adjusting certain time limits relating to the certification of expert review
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-27 - HF substituted on General Orders HF2385 [SF2044 Detail]
Download: Minnesota-2013-SF2044-Engrossed.html
1.2relating to civil actions; adjusting certain time limits relating to the certification
1.3of expert review because of recent amendments to the Minnesota Rules of Civil
1.4Procedure;amending Minnesota Statutes 2012, sections 145.682, subdivisions 2,
1.54; 544.42, subdivisions 2, 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 145.682, subdivision 2, is amended to read:
1.8 Subd. 2. Requirement. In an action alleging malpractice, error, mistake, or failure
1.9to cure, whether based on contract or tort, against a health care provider which includes a
1.10cause of action as to which expert testimony is necessary to establish a prima facie case,
1.11the plaintiff must: (1) unless otherwise provided in subdivision 3, paragraph (b), serve
1.12upon defendant with the summons and complaint an affidavit as provided in subdivision 3;
1.13and (2) serve upon defendant within 180 days after commencement ofthe suit discovery
1.14under the Rules of Civil Procedure, rule 26.04(a) an affidavit as provided by subdivision 4.
1.15 Sec. 2. Minnesota Statutes 2012, section 145.682, subdivision 4, is amended to read:
1.16 Subd. 4. Identification of experts to be called. (a) The affidavit required by
1.17subdivision 2, clause (2), must be signed by each expert listed in the affidavit and by the
1.18plaintiff's attorney and state the identity of each person whom plaintiff expects to call as
1.19an expert witness at trial to testify with respect to the issues of malpractice or causation,
1.20the substance of the facts and opinions to which the expert is expected to testify, and
1.21a summary of the grounds for each opinion. Answers to interrogatories that state the
1.22information required by this subdivision satisfy the requirements of this subdivision if
1.23they are signed by the plaintiff's attorney and by each expert listed in the answers to
2.1interrogatories and served upon the defendant within 180 days after commencement ofthe
2.2suit discovery under the Rules of Civil Procedure, rule 26.04(a) against the defendant.
2.3(b) The parties or the court for good cause shown, may by agreement, provide for
2.4extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in
2.5this subdivision may be construed to prevent either party from calling additional expert
2.6witnesses or substituting other expert witnesses.
2.7(c) In any action alleging medical malpractice, all expert interrogatory answers must
2.8be signed by the attorney for the party responding to the interrogatory and by each expert
2.9listed in the answers. The court shall include in a scheduling order a deadline prior to the
2.10close of discovery for all parties to answer expert interrogatories for all experts to be
2.11called at trial. No additional experts may be called by any party without agreement of
2.12the parties or by leave of the court for good cause shown.
2.13 Sec. 3. Minnesota Statutes 2012, section 544.42, subdivision 2, is amended to read:
2.14 Subd. 2. Requirement. In an action against a professional alleging negligence or
2.15malpractice in rendering a professional service where expert testimony is to be used by a
2.16party to establish a prima facie case, the party must:
2.17(1) unless otherwise provided in subdivision 3, paragraph (a), clause (2) or (3), serve
2.18upon the opponent with the pleadings an affidavit as provided in subdivision 3; and
2.19(2) serve upon the opponent within 180 days of commencement of discovery under
2.20the Rules of Civil Procedure, rule 26.04(a) an affidavit as provided in subdivision 4.
2.21 Sec. 4. Minnesota Statutes 2012, section 544.42, subdivision 4, is amended to read:
2.22 Subd. 4. Identifying experts to be called; adding or substituting experts. (a) The
2.23affidavit required by subdivision 2, clause (2), must be signed by the party's attorney and
2.24state the identity of each person whom the attorney expects to call as an expert witness
2.25at trial to testify with respect to the issues of negligence, malpractice, or causation,
2.26the substance of the facts and opinions to which the expert is expected to testify, and
2.27a summary of the grounds for each opinion. Answers to interrogatories that state the
2.28information required by this subdivision satisfy the requirements of this subdivision if
2.29they are signed by the party's attorney and served upon the opponent within 180 days
2.30after commencementof the action of discovery under the Rules of Civil Procedure, rule
2.3126.04(a)against the defendant or within 180 days after service of the affidavit required by
2.32subdivision 3, paragraph (a), clause (2) or (3).
2.33(b) The parties by agreement, or the court for good cause shown, may provide for
2.34extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in
3.1this subdivision prevents any party from calling additional expert witnesses or substituting
3.2other expert witnesses.
3.3 Sec. 5. EFFECTIVE DATE; APPLICATION.
3.4Sections 1 to 4 are effective the day following final enactment and apply to causes of
3.5action commenced on or after that date.
1.3of expert review because of recent amendments to the Minnesota Rules of Civil
1.4Procedure;amending Minnesota Statutes 2012, sections 145.682, subdivisions 2,
1.54; 544.42, subdivisions 2, 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 145.682, subdivision 2, is amended to read:
1.8 Subd. 2. Requirement. In an action alleging malpractice, error, mistake, or failure
1.9to cure, whether based on contract or tort, against a health care provider which includes a
1.10cause of action as to which expert testimony is necessary to establish a prima facie case,
1.11the plaintiff must: (1) unless otherwise provided in subdivision 3, paragraph (b), serve
1.12upon defendant with the summons and complaint an affidavit as provided in subdivision 3;
1.13and (2) serve upon defendant within 180 days after commencement of
1.14under the Rules of Civil Procedure, rule 26.04(a) an affidavit as provided by subdivision 4.
1.15 Sec. 2. Minnesota Statutes 2012, section 145.682, subdivision 4, is amended to read:
1.16 Subd. 4. Identification of experts to be called. (a) The affidavit required by
1.17subdivision 2, clause (2), must be signed by each expert listed in the affidavit and by the
1.18plaintiff's attorney and state the identity of each person whom plaintiff expects to call as
1.19an expert witness at trial to testify with respect to the issues of malpractice or causation,
1.20the substance of the facts and opinions to which the expert is expected to testify, and
1.21a summary of the grounds for each opinion. Answers to interrogatories that state the
1.22information required by this subdivision satisfy the requirements of this subdivision if
1.23they are signed by the plaintiff's attorney and by each expert listed in the answers to
2.1interrogatories and served upon the defendant within 180 days after commencement of
2.2
2.3(b) The parties or the court for good cause shown, may by agreement, provide for
2.4extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in
2.5this subdivision may be construed to prevent either party from calling additional expert
2.6witnesses or substituting other expert witnesses.
2.7(c) In any action alleging medical malpractice, all expert interrogatory answers must
2.8be signed by the attorney for the party responding to the interrogatory and by each expert
2.9listed in the answers. The court shall include in a scheduling order a deadline prior to the
2.10close of discovery for all parties to answer expert interrogatories for all experts to be
2.11called at trial. No additional experts may be called by any party without agreement of
2.12the parties or by leave of the court for good cause shown.
2.13 Sec. 3. Minnesota Statutes 2012, section 544.42, subdivision 2, is amended to read:
2.14 Subd. 2. Requirement. In an action against a professional alleging negligence or
2.15malpractice in rendering a professional service where expert testimony is to be used by a
2.16party to establish a prima facie case, the party must:
2.17(1) unless otherwise provided in subdivision 3, paragraph (a), clause (2) or (3), serve
2.18upon the opponent with the pleadings an affidavit as provided in subdivision 3; and
2.19(2) serve upon the opponent within 180 days of commencement of discovery under
2.20the Rules of Civil Procedure, rule 26.04(a) an affidavit as provided in subdivision 4.
2.21 Sec. 4. Minnesota Statutes 2012, section 544.42, subdivision 4, is amended to read:
2.22 Subd. 4. Identifying experts to be called; adding or substituting experts. (a) The
2.23affidavit required by subdivision 2, clause (2), must be signed by the party's attorney and
2.24state the identity of each person whom the attorney expects to call as an expert witness
2.25at trial to testify with respect to the issues of negligence, malpractice, or causation,
2.26the substance of the facts and opinions to which the expert is expected to testify, and
2.27a summary of the grounds for each opinion. Answers to interrogatories that state the
2.28information required by this subdivision satisfy the requirements of this subdivision if
2.29they are signed by the party's attorney and served upon the opponent within 180 days
2.30after commencement
2.3126.04(a)
2.32
2.33(b) The parties by agreement, or the court for good cause shown, may provide for
2.34extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in
3.1this subdivision prevents any party from calling additional expert witnesses or substituting
3.2other expert witnesses.
3.3 Sec. 5. EFFECTIVE DATE; APPLICATION.
3.4Sections 1 to 4 are effective the day following final enactment and apply to causes of
3.5action commenced on or after that date.
