Statute of Limitations in Minnesota & Federal

[Sophie Kuehn]

Jurisdiction

Minnesota

Hello,

I apologize that my questions don't fit nicely in the categories listed....

I am inquiring on two issues:

First, as to the statute of limitations for reopening a civil case in Minnesota on matter of fraudulent transfer,

OR,

Secondly, as to the statute of limitations for bringing a denial of due process case against a judge with ingredients of collusion and discrimination.

I understand that both are very difficult tasks; but I am confident in my case.

With much gratitude,

 

[adjusterjack]

1 - There's no question in your post.
2 - Even if there was a question that could be discerned you haven't provided anywhere near the amount of details that would be necessary for an answer.

So, lets start with the following:

1 - Date the original lawsuit was filed.
2 - Who sued who for what?
3 - Who won what?
4 - Date of the judgment
5 - Grounds for reopening the case (essentially setting aside or vacating the judgment).

As for bringing a denial of due process case against a judge, forget about that ever happening because judge's have almost complete immunity from lawsuits.

The way to challenge a judge's decision is generally through the appeal process.

 

[Michael Wechsler]

There are two ways that quickly come to mind regarding "reopening" a case:

1) An appeal to an existing judgment on the merits;
2) An order to show cause to open a default judgment.

An appeal can be brought in a limited amount of time, usually between 30 and 90 days. We don't know what type of case or what court. I found one Minnesota statute for appeals which has a 60 day deadline to file after the date of the judgment.

The second instance requires a reason why a default judgment should be reopened. In such an instance the defendant didn't show up or respond and now wants a fair trial to determine the case on the merits. The requirements usually are:

1) A legitimate or reasonable excuse that the court can or should recognize why you didn't show up, e.g. you were never served, you weren't properly served.

2) That it's worth the court's limited time to bother opening the case - you must show a reasonable likelihood of winning your case.

I can't be sure which you need since your mention of a judge makes me question whether you had a default judgment issued against you. And if not, your first line of action would have been to file an appeal so that an appeals court could determine that the trial court judge made an error. You can raise the issues of being denied a fair trial by showing that the judge arbitrarily excluded relevant evidence that could have had a substantial impact on the case. If you don't even bother with that, I question the effort at filing a disciplinary complaint against a judge whose actions you didn't even bother to appeal to an independent court for review.