Viewing Court Procedures Category (18) found:Jason Taylor Fitzgerald: "The Writ of Quo Warranto in Minnesota in Minnesota's Legal and Political History."The ancient and extraordinary writ of quo warranto has been an integral legal device in the development of Anglo-American society. The writ has also been a critical component in Minnesota, particularly in the geopolitical development of the state. Quo warranto has traditionally possessed a civic qua... Douglas A. Hedin, "Multi-Judge Panels in the District Courts of Minnesota, 1875-1977."In 1875 the 17th Legislature authorized the two judges on the Court of Common Pleas in Ramsey County to preside together over trials and it added a curious proviso--all motions for a new trial must be heard by both judges. In the following decades that odd mandate was omitted from laws permitting a... Douglas A. Hedin, "The Emergence of a Criminal Defendant's Right to Testify at Trial."Until 1868, a defendant in a criminal trial in Minnesota could not testify in his own defense. Like other states, Minnesota adhered to the common law rule that barred a criminal defendant from testifying because he had an "interest" in the outcome of the trial. The parallel common law prohibition ... Douglas A. Hedin, "The Professional Juror in Minnesota."The professional juror made his living by serving on juries in St. Paul and Minneapolis from the late 1860s to the early 1900s. He was detested by the bar, bench and press. Laws were passed to prevent him from serving multiple times during a single court session. The conclusion of this paper is th... "Memoranda" (1893).This article provides a glimpse of how some trial judges operated in the state in the 1890s. The author urged trial judges to prepare and attach memoranda to their orders, explaining their reasoning. Without such a written explanation, the author laments, "Half the time the defeated party does not ... Charles C. Willson: "Citations." (1894)In December, 1894, "The Minnesota Law Journal" published a long letter to the editor from Charles C. Willson, the official reporter of the Minnesota Reports. Willson was "vexed" and exasperated by the "loose" pleading habits and citation practices of the bar. In his letter, Willson advised lawyers ... Charles E. Flandrau: "Contempt of Court." (1895)Reacting to criticism of the judiciary in the wake of the Pullman Strike, Charles E. Flandrau published this brief essay on the importance of maintaining the courts' contempt power in the January, 1895, issue of "The Minnesota Law Journal." ... "Jury Sequestration in 1850."On September 12, 1849, Isaiah McMillan shot and killed Heman Snow in St. Paul. McMillan was tried in Stillwater in February, 1850, and found guilty of manslaughter. During the trial, Judge David Cooper ordered the jury sequestered, which provoked a colorful commentary by James Goodhue in "The Minnes... Douglas A. Hedin: "Holcombe vs. McKusick and the U. S. Supreme Court's Reaction to the Codification Movement of the 1850s."On May 18, 1858, the United States Supreme Court, in an opinion by Justice Samuel Nelson, dismissed Holcombe vs. McKusick, an appeal from the Supreme Court of Minnesota Territory, because it lacked jurisdiction. The opinion is noteworthy because Nelson concluded with a tirade against the "complicate... Douglas A. Hedin: "Advisory Opinions of the Territorial Supreme Court, 1852-1854." (2009)During Minnesota's territorial period, and for several years after statehood, a law authorizing the legislature to request advisory opinions from the supreme court was in effect. It provided:
Rules of Practice of the Minnesota Supreme Court (1915).The Minnesota Supreme Court's Rules of Practice, revised May 1915, are posted here. ... Rules of Practice of the Minnesota Supreme Court (1913).The Minnesota Supreme Court's Rules of Practice, effective July 1, 1913, are posted here. ... Rules of Practice of the Minnesota Supreme Court (1895) and the Code of Rules of the District Courts (1893).The Minnesota Supreme Court's Rules of Practice, revised as of February 1, 1895, and the revised Code of Rules of the District Courts of Minnesota, adopted August 24, 1893, are posted here. ... Rules of Practice of the Minnesota Supreme Court, the District Courts of Minnesota and the U. S. Circuit Court for the District of Minnesota (1878).The Rules of Practice of the Minnesota Supreme Court, the Minnesota District Courts and the United States Circuit Court for the District of Minnesota were published as a pamphlet in 1878. They are posted here. ... Rules of Practice of the Minnesota Supreme Court (1872).The Minnesota Supreme Court's Rules of Practice, adopted in 1867, were amended in 1868 and 1872. They were published as a pamphlet in 1874 and are posted here. ... Rules of Practice of the Minnesota Supreme Court (1867).The Minnesota Supreme Court adopted Rules of Practice effective July 24, 1867. They are posted here. ... Rules of Practice of the Territorial Supreme Court (1852).The Rules of Practice of the Territorial Supreme Court and District Courts, adopted July 26, 1852, are posted here. ... The Territorial Supreme Court's First Rules of Practice (1850).On January 16, 1850, the Minnesota Territorial Supreme Court adopted three sets of rules of practice: for itself, the district courts and the court of chancery. These were the first rules of the courts of Minnesota Territory. They were published as a pamphlet later that year. They were superseded... |