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LR 83.11 Divisions, Offices, Of The Clerk, Calendars

 

(a)      Divisions: The State of Minnesota constitutes one judicial district, divided into six divisions.  Cases in this District are assigned to particular divisions and particular judges pursuant to the Order for Assignment of Cases that has been adopted by the Judges of the District Court. The Order for Assignment of Cases may be modified from time to time as the District Court Judges see fit.

 

(b)      Offices of the Clerk:  The Clerk of Court maintains offices in St. Paul, Minneapolis, and Duluth.  The St. Paul, Minneapolis, and Duluth offices are open from 8:00 a.m. to 5:00 p.m. All offices are open Monday through Friday, with the following exceptions: New Year's Day; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; and Christmas Day.

 

  The files for matters pending before the Court are maintained in the office in the division to which the case is assigned.  However, papers relative to any case may be filed in any office.

 

(c)      Calendars: The Court operates on an individual calendar system. Judges in active service are assigned and assume responsibility for their proportionate share of the total cases filed in the district.  Inquiries as to motions, probable trial date, or other matters having to do with a particular case may be addressed to the deputy clerk serving as calendar clerk for the Judge to whom the case has been assigned.

 

[Adopted effective February 1, 1991; amended November 1, 1996; amended October 29, 2003]          


2003 Advisory Committee's Note to LR 83.11

 

The first paragraph of LR 83.11 (a) was amended in 2003 to conform to the current Court procedure of assigning cases to divisions and judges pursuant to the Order that may be revised from time to time.

 

1991 Advisory Committee's Note To LR 83.11

 

The division system of the United States District Court for the District of Minnesota is a product of the Courts' modification of the division system established by statute to fit the practicalities of present judicial activity within the district.

 

By statute, Minnesota is divided into six divisions.  28 U.S.C. § 103.  The statute provides that terms of Court shall be held in Winona, Mankato, St. Paul, Minneapolis, Duluth, and Fergus Falls.  A District Court retains the discretion to pretermit any regular session of Court for insufficient business or other good cause.  28 U.S.C. § 140.

 

The Court on two occasions has utilized its pretermission authority to effectively eliminate trials or hearings in three divisions.  By an Order dated December 2, 1960, the Court pretermitted the terms of Court in the First and Second Divisions.  In an order dated January 31, 1990, the Court pretermitted the terms of Court in the Sixth Division.  The Judges of the Court maintain chambers in the Third Division and Fourth Division.  Cases emanating from counties of the First, Second, Third, Fourth and Sixth Divisions are assigned to either the Third or fourth Division based upon the location of the chambers of the Judge to whom the case is assigned.  Cases emanating from the Fifth Division are assigned to the Fifth Division regardless of the location of the chambers of the Judge to whom the case is assigned.


The remaining significance of the division system in Minnesota is two-fold.  First, petit juries are selected by division.  That is, cases assigned to the Third Division have their jury drawn from individuals residing in counties that make up the Third Division.  The same is true in the Fourth and Fifth Divisions.  Second, although the Judges of the Court maintain offices in the Third and Fourth Divisions, terms of Court are held in the Fifth Division for matters assigned to the Fifth Division.

 

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