Effective Date

86.01 Effective Date and Application to Pending Proceedings (a) These rules as originally adopted took effect on January 1, 1952. They govern all proceedings and actions brought after that effective date, and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible, or would work injustice, in which event the procedure existing at the time the action was brought applies. (b) Unless otherwise specified by the court, all amendments will take effect on either January 1 or July 1 in the year of or the year following their adoption. They govern all proceedings in actions brought after they take effect, and also all further proceedings in actions then pending, except as to the extent that in the opinion of the court their application in a particular action pending when the amendments take effect would not be feasible, or would work injustice, in which event the former procedure applies. APPENDICES Appendix A* Special Proceedings Under Rule 81.01 Following is a list of statutes and special proceedings which will be excepted from these rules insofar as they are inconsistent or in conflict with the procedure and practice provided by these rules: Minn. Stat. (1996) 64B.30 67A.241 Quo warranto against fraternal benefit association Quo warranto against town mutual fire insurance company Chapters 103A-110A Drainage Chapter 117 Chapter 209 Chapter 253B Chapter 259 Eminent domain proceedings (see also Minn. Gen. R. Prac. 141) Election contests Civil commitment Adoption; change of name Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 142 MINNESOTA COURT RULES Chapter 271.06(7) Proceedings in tax court Chapter 277 Chapter 278 Chapter 279 Delinquent personal property taxes Objections and defenses to taxes on real estate Delinquent real estate taxes 284.07 to 284.26 Actions involving tax titles 299F.10 to 299F.17 Actions on orders of state fire marshal 501.33 to 501.38 Proceedings relating to trusts Chapter 503 Chapter 508 Townsite lands Registration of title to lands (see also Minn. Gen. R. Prac. 201-216) 514.01 to 514.17 Mechanics liens Chapter 518 540.08 Chapter 556 Chapter 558 Chapter 559 Dissolution of marriage Insofar as it provides for action by parent for injury to minor child (see also Minn. Gen. R. Prac. 145) Action by attorney general for usurpation of office, etc. Partition of real estate (except that part of second sentence of 558.02 beginning 'a copy of which') Actions to determine adverse claims (except that part of third sentence of 559.02 beginning 'a copy of which') 561.11 to 561.15 Petition by mortgagor to cultivate lands Action for death by wrongful act (see also Minn. Gen. R. Prac. 142-144) Actions against boats and vessels 573.02 Chapter 579 Writ of certiorari Writ of habeas corpus Writ of ne exeat Writ of mandamus (As amended November 10, 1967, effective February 1, 1968; amended effective January 1, 1997.) Note: Certain sections and chapters listed in this Appendix may have been repealed or renumbered. The user should check the appropriate sections and chapters for their current status. Appendix B(1)* List of Rules Superseding Statutes Statute Superseded M.S.A. 1971 540.01 541.12 Rule 2.01 3.01 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 143 3.02 4.01 4.02 4.03 (a) (b) MINNESOTA COURT RULES CIVIL PROCEDURE 543.01 543.04 543.02 543.03 543.05 540.15 1st sentence the clause "and the summons may be served on one or more of them" 540.151 the clause "and the summons may be served on one or more of them" (c) 1st sentence: 543.08 1st paragraph, 1st sentence of 3d paragraph, and 4th paragraph (c) 2d sentence: 543.08 2d clause of 1st sentence of 3d paragraph (d) (e) 4.04 4.042 4.043 4.044 4.05 4.06 4.07 5.01 5.02 543.09 543.10 543.07 543.06 365.40 373.07 411.07 543.11 543.12 543.15 543.04 543.13 557.01 None 543.14 544.30 544.32 544.34 543.16 543.09 543.10 superseded to extent inconsistent superseded to extent inconsistent superseded to extent inconsistent last clause of 1st sentence 2d and 3d sentences 3d sentence through "but" following semicolon 484.03, 586.05 and 587.02 contain same provision superseded in part superseded in part superseded in part last sentence last sentence Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 144 MINNESOTA COURT RULES 543.17 543.18 557.01 clause following semicolon in 3d sentence Dist. Ct. Rule 25 5.04 6.02 6.03 6.04 6.05 7.01 7.02 8.01 8.02 8.04 8.05 8.06 9 9.03 9.04 9.05 Generally 544.35 544.32 544.34 544.32 545.01 543.18 544.01 544.03 544.06 544.08 544.09 546.02 superseded in part superseded in part superseded in part 3d sentence 1st sentence Dist. Ct. Rule 7 and Rule 22(c) 545.01 1st sentence Dist. Ct. Rule 20 (2) and (3) (2) (1), (2), and (3) 1st sentence 544.02 544.04 544.04 544.18 544.05 544.06 544.27 544.16 544.24 544.25 544.26 544.23 544.20 544.19 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 145 9.08 10.01 10.02 11 12.01 12.02 12.05 12.06 12.08 13.01 13.02 13.05 13.08 14.01 14.02 15.01 15.02 15.04 17.01 MINNESOTA COURT RULES CIVIL PROCEDURE 544.28 544.02 544.06 544.27 (1) 2d sentence Dist. Ct. Rule 22(d) to extent inconsistent last paragraph and that part of 1st sentence as follows: "in a court of record shall be subscribed by the party or his attorney, and" 1st sentence 2d sentence 544.15 543.02 544.29 546.29 544.03 Dist. Ct. Rule 7 and Rule 22(c) 2d sentence subd. 3 1st sentence 543.15 544.04 544.06 544.08 544.18 544.10 544.17 544.03 544.05 544.05 544.05 540.16 540.16 540.16 544.29 544.30 544.30 544.31 544.11 540.02 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 146 MINNESOTA COURT RULES 17.02 18.01 19.02 20.01 22 23.01 24.01 24.03 25.01 25.03 26.01 26.04 26.05 26.07 27.01 28.01 28.02 (548.20 covers 2d sentence of 548.02) to extent inconsistent to extent inconsistent to extent inconsistent to extent inconsistent 540.04 540.06 544.27 540.16 540.10 544.05 544.27 548.02 50.12 227.17 228.20 544.12 540.02 50.12 544.13 544.13 540.12 540.12 597.01 597.04 597.05 597.12 597.15 597.16 597.12 597.01 598.01 598.02 598.03 598.05 to 598.11, inclusive 597.01 597.04 597.01 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 147 29 30.01 30.03 30.05 30.06 30.07 31.01 31.02 32.01 32.02 32.03 32.04 34 37.02 38.01 38.02 38.03 39.01 39.02 40 41.01 41.02 MINNESOTA COURT RULES CIVIL PROCEDURE 597.04 597.06 597.01 597.02 597.07 597.10 597.07 597.08 597.08 597.09 597.14 597.04 597.05 597.07 597.08 597.09 597.10 597.13 597.13 597.12 597.13 597.13 603.01 597.11 603.01 546.03 546.26 546.05 546.03 546.03 546.05 546.39 546.38 2d sentence 1st four sentences 1st clause of 3d sentence last clause of 3d sentence 5th sentence Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 148 MINNESOTA COURT RULES 42.01 42.02 43.02 43.04 45.04 46 47.01 47.02 49.01 49.02 50.02 51 52.01 53.01 53.03 53.04 53.05 54.03 54.04 55.01 58.01 58.02 59.01 59.02 59.03 59.07 59.08 1st sentence 2d sentence 546.39 546.04 546.04 595.03 595.05 597.11 547.03 Dist. Ct. Rule 27(a) 546.095 546.14 546.20 605.06 546.14 547.03 546.27 546.33 546.34 546.36 546.36 546.36 548.01 549.10 544.07 548.03 546.25 (Laws 1971, Ch. 715) 1st and 2d sentences (Laws 1971, Ch. 715) 1st sentence 1st paragraph 2d sentence 547.023 Dist. Ct. Rule 26 547.01 547.02 547.02 547.04 547.05 547.06 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 149 60.01 60.02 61 63.02 63.03 63.04 65 67.02 67.03 67.04 68.01 68.02 70 77.01 77.04 MINNESOTA COURT RULES CIVIL PROCEDURE 544.32 544.34 544.32 544.34 544.33 542.13 542.16 542.13 542.16 585.01-585.04 to extent inconsistent 544.14 576.02 485.02 546.40 546.41 557.04 546.30 546.30 1st sentence 1st sentence 3d sentence (As amended November 10, 1967, effective February 1, 1968; as amended January 5, 1973.) *Note: Certain rules and statutes listed in this Appendix may have been repealed or renumbered. The user should check the appropriate rules and statutes for their current status. APPENDIX B(2)* List of Statutes Superseded by Rules Statute Superseded M.S.A. 1971 to extent inconsistent to extent inconsistent to extent inconsistent to extent inconsistent to extent inconsistent to extent inconsistent 1st sentence 50.12 227.17 228.20 365.40 373.07 411.07 485.02 540.01 540.02 By Rule 22; 24.01 22 22 4.03(e) 4.03(e) 4.03(e) 67.04 2.01 17.01; 23.01 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 150 MINNESOTA COURT RULES 540.04 540.06 540.10 540.12 540.15 17.01 17.02 20.01 to extent inconsistent 25.01; 25.03 the clause "and the summons may be served on one or more of them" 4.03(b) 540.151 the clause "and the summons may be served on one or more of them" 4.03(b) 540.16 541.12 542.13 542.16 543.01 543.02 543.03 543.04 543.05 543.06 543.07 543.08 543.09 543.10 543.11 543.12 543.13 543.14 543.15 543.16 543.17 543.18 544.01 544.02 544.03 all except 2d paragraph and 2d sentence of 3d paragraph 13.08; 14.01; 14.02; 19.02 3.01 63.02; 63.04 63.03; 63.04 3.01 4.01; 12.01 4.02 3.02; 4.042 4.03(a) 4.03(e) 4.03(d) 4.03(c) 4.03(c); 5.02 4.03(c); 5.02 4.04 4.04 4.043 4.06 4.04; 12.01; and generally 5.01 5.02 5.02; 6.05 7.01 8.01; 10.01 7.01; 12.02; 12.08 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 151 544.04 544.05 544.06 544.07 544.08 544.09 544.10 544.11 544.12 544.13 544.14 544.15 544.16 544.17 544.18 544.19 544.20 544.23 544.24 544.25 544.26 544.27 544.28 544.29 544.30 544.31 544.32 544.33 544.34 544.35 545.01 MINNESOTA COURT RULES CIVIL PROCEDURE 8.01; 8.02; 12.02 8.05; 13.01; 13.02; 13.05; 20.01 7.01; 8.05; 10.02; 12.02 last paragraph and part of 1st sentence reading "in a court of record shall be subscribed by the party or his attorney, and" 55.01 7.01; 12.02 7.01 12.06 15.04 22 24.01; 24.03 67.02 11 8.06 12.05; 12.06 8.04; 12.02 9.05 9.04 9.03 Generally Generally Generally 8.05; 10.02; 18.01; 20.01 9.08 12.01; 15.01 4.07; 6.02; 15.01; 15.02 15.02 4.07; 6.02, 6.03; 60.01; 60.02; 61 61 4.07; 6.02; 60.01; 60.02 5.04 6.04; 7.02 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 152 MINNESOTA COURT RULES 546.02 546.03 546.04 546.05 546.095 546.14 546.20 546.25 546.26 546.27 546.29 546.30 546.33 546.34 546.36 546.38 546.39 546.40 546.41 547.01 547.02 547.023 547.03 547.04 547.05 547.06 548.01 548.02 548.03 549.10 557.01 557.04 1st sentence 7.01 2d and 3d sentences 38.01; 39.01; 39.02 all except last 3 sentences (Laws 1971, Ch. 715) beginning with "or, in its discretion * * * *" 1st sentence 42.01; 42.02 38.03; 40 47.02 49.01; 51 49.01; 51 58.02 38.02 52.01 12.01 1st and 3d sentences 77.01; 77.04 1st paragraph 3d sentence 53.01 53.01 53.03; 53.04; 53.05 41.02 41.01; 41.02 68.01 68.02 59.01 59.02; 59.03 58.02 46; 51 59.07 59.07 59.08 54.03 20.01 58.01 54.04 4.044; 5.02 70 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. MINNESOTA COURT RULES CIVIL PROCEDURE 585.01-585.04 to extent inconsistent 153 576.02 595.03 595.05 597.01 597.02 597.04 597.05 597.06 597.07 597.08 597.09 597.10 597.11 597.12 597.13 597.14 597.15 597.16 598.01 598.02 598.03 598.05 598.06 598.07 598.08 598.09 598.10 598.11 603.01 605.06 67.03 65 43.02 43.04 26.01; 26.07; 28.01; 28.02; 30.01 30.01 26.01; 28.01; 28.02; 31.01 26.01; 31.01 29 30.03; 30.05; 31.02 30.05; 30.06; 31.02 30.06; 31.02 30.03; 31.02 37.02; 45.04 26.04; 26.05; 32.03 32.01; 32.02; 32.03; 32.04 30.07 26.04 26.04 27.01 27.01 27.01 27.01 27.01 27.01 27.01 27.01 27.01 27.01 1st and 2d sentences 34; 37.02 50.02 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 154 MINNESOTA COURT RULES District Court Rules Superseded By Rule 7.01; 12.02 7.02 to extent inconsistent (c) and (d) to extent inconsistent 7.01; 10.02; 12.02 5.02 58.02 Dist. Rule 7 20 22 25 26 (As amended November 10, 1967, effective February 1, 1968; amended January 5, 1973.) *Note: Certain rules and statutes listed in this Appendix may have been repealed or renumbered. The user should check the appropriate rules and statutes for their current status. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 155 CIVIL PROCEDURE MINNESOTA COURT RULES APPENDIX OF FORMS (See Rule 84) INTRODUCTORY STATEMENT 1. The following forms are intended for illustration only. They are limited in number. No attempt is made to furnish a manual of forms. 2. Except where otherwise indicated, each pleading, motion, or other document should have a caption similar to that of the summons, with the designation of the particular document substituted for the word "SUMMONS." In the caption of the summons and in the caption of the complaint all parties must be named, but in other pleadings and documents it is sufficient to state the name of the first party on either side, with an appropriate indication of other parties. See Rules 4.01, 7.02(2), 10.01. 3. Each pleading, motion, and other document is to be signed in his or her individual name by at least one attorney of record (Rule 11). The attorney's name is to be followed by his or her address as indicated in Form 2. In forms following Form 2 the signature and address are not indicated. 4. If a party is self-represented, the signature and address of the party are required in place of those of the attorney. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 156 MINNESOTA COURT RULES FORM 1. SUMMONS State of Minnesota District Court County of _____________________ _________________ Judicial District _____________________________________________________________________________ _____________________________, Court File Number: _______________ Plaintiff, Case Type: ______________________ vs. _____________________________ , Defendant. Summons _____________________________________________________________________________ THIS SUMMONS IS DIRECTED TO ____________________________________________ . 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you [is attached to this summons] [is on file in the office of the court administrator of the above-named court].* Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons. 2. YOU MUST REPLY WITHIN 20** DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20** days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: _____________________ . 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20** days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can than be entered against you for the relief requested in the complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 157 CIVIL PROCEDURE MINNESOTA COURT RULES [7. To be included only if this lawsuit affects title to real property: THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in _______ County, State of Minnesota, legally described as follows: [Insert legal description of property] The object of this action is _________________________.] __________________________________ ____________________________________ Plaintiff's attorney's signature Dated __________________________________ Print or type plaintiff's attorney's name * Use language in the first bracket when the complaint is served with the summons, language in the second bracket when the complaint is filed and the summons is served by publication. ** Use 20 days, except that in the exceptional situations where a different time is allowed by the court in which to answer, the different time should be inserted. (Amended March 3, 1959, effective July 1, 1959; amended effective July 1, 2010.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 158 MINNESOTA COURT RULES FORM 2 - COMPLAINT ON A PROMISSORY NOTE 1. Defendant on or about June 1, 1948, executed and delivered to the plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant promised to pay to plaintiff or order on June 1, 1949 the sum of one thousand dollars with interest thereon at the rate of six percent per annum). 2. Defendant owes to plaintiff the amount of said note and interest. Wherefore plaintiff demands judgment against defendant for the sum of one thousand dollars, interest, costs, and disbursements. Signed: ___________________________, Attorney for Plaintiff. Address: ___________________________. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 159 CIVIL PROCEDURE MINNESOTA COURT RULES FORM 3 - COMPLAINT ON AN ACCOUNT 1. Defendant owes plaintiff one thousand dollars according to the account hereto annexed as Exhibit A. Wherefore (etc., as in Form 2). FORM 4 - COMPLAINT FOR GOODS SOLD AND DELIVERED 1. Defendant owes plaintiff one thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1948 and December 1, 1948. Wherefore (etc., as in Form 2). FORM 5 - COMPLAINT FOR MONEY LENT 1. Defendant owes plaintiff one thousand dollars for money lent by plaintiff to defendant on June 1, 1948. Wherefore (etc., as in Form 2). FORM 6 - COMPLAINT FOR MONEY PAID BY MISTAKE 1. Defendant owes plaintiff one thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1948, under the following circumstances: (here state the circumstances with particularity -- see Rule 9.02). Wherefore (etc., as in Form 2). FORM 7 - COMPLAINT FOR MONEY HAD AND RECEIVED 1. Defendant owes plaintiff one thousand dollars for money had and received from one G. H. on June 1, 1948, to be paid by defendant to plaintiff. Wherefore (etc., as in Form 2). FORM 8 - COMPLAINT FOR NEGLIGENCE 1. On June 1, 1948, on a public highway called University Avenue, in St. Paul, Minnesota, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars and costs. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 160 MINNESOTA COURT RULES FORM 9 - COMPLAINT FOR NEGLIGENCE WHERE PLAINTIFF IS UNABLE TO DETERMINE DEFINITELY WHETHER THE PERSON RESPONSIBLE IS C. D. OR E. F. OR WHETHER BOTH ARE RESPONSIBLE AND WHERE HIS EVIDENCE MAY JUSTIFY A FINDING OF WILFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE A. B., C. D. and E. F., Plaintiff vs. Defendants ) ) ) ) ) COMPLAINT 1. On June 1, 1948, on a public highway called University Avenue in St. Paul, Minnesota, defendant C. D. or defendant E. F., or both defendants C. D. and E. F. willfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against C. D. or against E. F. or against both in the sum of ten thousand dollars and costs and disbursements. FORM 10 - COMPLAINT FOR CONVERSION 1. On or about December 1, 1948, defendant converted to his own use ten bonds of the _______ Company (here insert brief identification as by number and issue) of the value of one thousand dollars, the property of plaintiff. Wherefore plaintiff demands judgment against defendant in the sum of one thousand dollars, interest, costs, and disbursements. FORM 11 - COMPLAINT FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND 1. On or about December 1, 1948, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A. 2. In accordance with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance. 3. Plaintiff now offers to pay the purchase price. Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ten thousand dollars. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 161 CIVIL PROCEDURE MINNESOTA COURT RULES FORM 12 - COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER RULE 18.02 A. B., C. D., and E. F., Plaintiff vs. Defendants ) ) ) ) ) COMPLAINT 1. Defendant C. D. on or about __________ executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)): (a copy of which is hereto annexed as Exhibit A); (whereby defendant C. D. promised to pay to plaintiff or order on __________ the sum of five thousand dollars with interest thereon at the rate of ___ percent per annum). 2. Defendant C. D. owes to plaintiff the amount of said note and interest. 3. Defendant C. D. on or about __________ conveyed all his property, real and personal (or specify and describe) to defendant E. F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to. Wherefore plaintiff demands: (1) That plaintiff have judgment against defendant C. D. for five thousand dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for cost and disbursements. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 162 MINNESOTA COURT RULES FORM 13 - COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF 1. On or about June 1, 1948, plaintiff issued to G. H. a policy of life insurance whereby plaintiff promised to pay to K. L. as beneficiary the sum of ten thousand dollars upon the death of G. H. The policy required the payment by G. H. of a stipulated premium on June 1, 1948, and annually thereafter as a condition precedent to its continuance in force. 2. No part of the premium due June 1, 1948 was ever paid and the policy ceased to have any force or effect on July 1, 1948. 3. Thereafter, on September 1, 1948, G. H. and K. L. died as the result of a collision between a locomotive and the automobile in which G. H. and K. L. were riding. 4. Defendant C. D. is the duly appointed and acting executor of the will of G. H.; defendant E. F. is the duly appointed and acting executor of the will of K. L.; defendant X. Y. claims to have been duly designated as beneficiary of said policy in place of K. L. 5. Each of defendants, C. D., E. F., and X. Y., is claiming that the above-mentioned policy was in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof. 6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G. H. Wherefore plaintiff demands that the court adjudge: (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof. (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof. (3) That, if the court shall determine that said policy was in force at the death of G. H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy. (4) That plaintiff recover its costs and disbursements. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 163 CIVIL PROCEDURE MINNESOTA COURT RULES FORM 14 - MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS, AND OF LACK OF JURISDICTION UNDER RULE 12.02 The defendant moves the court as follows: 1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted. 2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds: (Here state reasons, such as, (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Minnesota; (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively). 3. To dismiss the action on the ground that the court lacks jurisdiction because (no justiciable controversy is presented, or as the case may be). Signed: ___________________________, Attorney for Defendant. Address: ___________________________. To: ________________________________ Attorney for Plaintiff. Notice of Motion ****** Please take notice, that the undersigned will bring the above motion on for hearing before the court at a special term thereof, to be held at the court house in the City of __________ on the _____ day of __________ 20__, at ___ o'clock in the (forenoon) (afternoon) or as soon thereafter as counsel can be heard. Signed: ___________________________, Attorney for Defendant. Address: ___________________________. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 164 MINNESOTA COURT RULES FORM 15 - ANSWER PRESENTING DEFENSES UNDER RULE 12.02 First Defense The complaint fails to state a claim against defendant upon which relief can be granted. Second Defense If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is a citizen and resident of this state; is subject to the jurisdiction of this court, as to both service of process and venue; can be made a party, but has not been made one. Third Defense Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint. Fourth Defense The right of action set forth in the complaint did not accrue within six years next before the commencement of this action. Counterclaim (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.) Cross-Claim Against Defendant M. N. (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 165 CIVIL PROCEDURE MINNESOTA COURT RULES FORM 16 - ANSWER TO COMPLAINT SET FORTH IN FORM 7, WITH COUNTERCLAIM FOR INTERPLEADER Defense Defendant denies the allegations stated to the extent set forth in the counterclaim herein. Counterclaim for Interpleader 1. Defendant received the sum of one thousand dollars as a deposit from E. F. 2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F. 3. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. Wherefore defendant demands: (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim.* (2) That the court order the plaintiff and E. F. to interplead their respective claims. (3) That the court adjudge whether the plaintiff or E. F. be entitled to the sum of money. (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money. (5) That the court award to the defendant its costs and attorney's fees. *Rule 13.08 provides for the court ordering parties to a counterclaim, but who are not parties to the original action, to be brought in as defendants. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 166 MINNESOTA COURT RULES FORM 17 - SUMMONS AND COMPLAINT AGAINST THIRD-PARTY DEFENDANT STATE OF MINNESOTA, COUNTY OF ___________ District Court ____________Judicial District A. B., C. D., E. F., vs. vs. Plaintiff Defendant and Third-Party Plaintiff Third-Party Defendant ) ) ) ) ) ) ) ) ) SUMMONS State of Minnesota to the Above-Named Third-Party Defendant: You are hereby summoned and required to serve upon _______________, plaintiff's attorney whose address is _______________, and upon _______________, who is attorney for C. D., defendant and third-party plaintiff, and whose address is _______________, an answer to the third- party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may answer. A. B., C. D., E. F., Signed: ___________________________, Attorney for Defendant and Third-Party Plaintiff. Address: ___________________________. Plaintiff Defendant and Third-Party Plaintiff vs. vs. ) ) ) ) ) ) ) ) THIRD-PARTY COMPLAINT Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 167 CIVIL PROCEDURE MINNESOTA COURT RULES Third-Party Defendant ) 1. Plaintiff A. B. has served upon C. D. a complaint, a copy of which is hereto attached as Exhibit _____. 2. (Here state the grounds upon which C. D. is entitled to recover from E. F. all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.) Wherefore C. D. demands judgment against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in favor of plaintiff A. B. Signed: ___________________________, Attorney for C. D., Third-Party Plaintiff. Address: ____________________________ (Amended March 3, 1959, effective July 1, 1959.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 168 MINNESOTA COURT RULES FORM 18 - MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24 STATE OF MINNESOTA, COUNTY OF ___________ District Court _____________ Judicial District A. B., C. D., E. F., vs. Plaintiff Defendant Applicant for Intervention ) ) ) ) ) ) ) MOTION TO INTERVENE AS A DEFENDANT E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the grounds (here state them) and as such has a defense to plaintiff's claim presenting (both questions of law and of fact) which are common to the main action. Signed: ___________________________, Attorney for E. F., Applicant for Intervention. Address: ___________________________. *** Notice of Motion (Contents the same as in Form 14) STATE OF MINNESOTA, COUNTY OF ___________ A. B., C. D., E. F., vs. *** Plaintiff Defendant Intervener First Defense ) ) ) ) ) ) ) District Court _____________ Judicial District INTERVENER'S ANSWER Intervener admits the allegations stated in paragraphs __________ and __________ of the complaint; denies the allegations in paragraphs __________ and __________. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 169 CIVIL PROCEDURE MINNESOTA COURT RULES (Set forth any defenses.) Second Defense Signed: ___________________________, Attorney for E. F., Intervener. Address: ____________________________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 170 MINNESOTA COURT RULES FORM 19 - REQUEST FOR PRODUCTION OF DOCUMENTS, ETC., UNDER RULE 34 Plaintiff A. B. requests defendant C. D. to respond within _____ days to the following requests: (1) That defendant produce and permit plaintiff to inspect and to copy each of the following documents: (Here list the documents either individually or by category and describe each of them.) (Here state the time, place, and manner of making the inspection and performance of any related acts.) (2) That defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the following objects: (Here list the objects either individually or by category and describe each of them.) (Here state the time, place, and manner of making the inspection and performance of any related acts.) (3) That defendant permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph, test or sample (here describe the portion of the real property and the objects to be inspected). (Here state the time, place, and manner of making the inspection and performance of any related acts.) Signed: ___________________________, Attorney for Plaintiff. Address: ___________________________. (Amended November 14, 1974, effective January 1, 1975.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 171 CIVIL PROCEDURE MINNESOTA COURT RULES FORM 20 - REQUEST FOR ADMISSION UNDER RULE 36 Plaintiff A. B. requests defendant C. D. within _____ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each document.) 2. That each of the following statements is true. (Here list the statements.) Signed: ___________________________, Attorney for Plaintiff. Address: ___________________________. FORM 21 - ALLEGATION OF REASON FOR OMITTING PARTY When it is necessary, under Rule 19.03, for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below: John Doe named in this complaint is not made a party to this action (because he is not subject to the jurisdiction of this court) or (for reasons stated). Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 172 MINNESOTA COURT RULES FORM 22 - NOTICE AND ACKNOWLEDGMENT OF SERVICE BY MAIL [REPEALED EFFECTIVE JULY 1, 2018.] FORM 22A. NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS TO: (insert the name and address of the person to be served.) Why Are You Getting this? A copy of a Summons and Complaint is attached to this notice. This is not formal service of the summons on you, but rather is my request that you sign and return the enclosed waiver of service in order to avoid the cost of serving you. The cost of service will be avoided if I receive a signed copy of the waiver within __ days after the date designated below as the date on which this Notice and Request is sent. I enclose a stamped and addressed envelope (or other means of cost-free return) for your use. An extra copy of the waiver is also attached for your records. If you comply with this request and return the signed waiver, it will be filed with the court and no summons will be served on you. The action will then proceed as if you had been served on the date the waiver is signed, except that you will not be obligated to answer the complaint before 60 days from the date designated below as the date on which this notice is sent (or before 90 days from that date if your address is outside the United States). What Happens Next? If you do not return the signed waiver form within the time indicated, I will arrange to have the summons and complaint served on you (or the party on whose behalf you are addressed) and will then, to the extent authorized by court rules, ask the court to require you (or the party on whose behalf you are addressed) to pay the full costs of such service. Your duty to waive the service of the summons is explained on the reverse side (or at the foot) of this waiver form. I affirm that this request is being sent to you on behalf of the plaintiff, this __ day of ________, 20__. ______________________________ Signature (Added effective July 1, 2018.) FORM 22B. WAIVER OF SERVICE OF SUMMONS TO: ___________________ (name of plaintiff's attorney or unrepresented plaintiff) I received your request that I waive service of a summons in the lawsuit of ____(caption of action)____, in the District Court for the ____ District of Minnesota, _________ County. I have also received a copy of the complaint in the lawsuit, two copies of this document, and a means for returning the signed waiver to you without cost to me. I agree to save the cost of service of the summons and complaint in this lawsuit. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 173 CIVIL PROCEDURE MINNESOTA COURT RULES I understand that I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if an answer or motion under Rule 12 is not served upon you within 60 days after ___(date request was sent)___, or within 90 days after that date if the request was sent outside the United States. ____________________ Date ____________________ Signature ____________________ Printed/typed name: [Note: To be printed on reverse side of the waiver form or set forth at the foot of the form]: DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS