is amended in two ways. The first is not substantive in nature or intended effect. The

Rules of Civil Procedure

Rule: 56.05

Jurisdiction: MN

Bluebook Citation: Minn. R. Civ. P. 56.05

replacement of "papers" with "documents" is made throughout these rules, and simply advances precision in choice of language. Most documents will not be filed as "paper" documents, so paper is retired as a descriptor of them. The second change is substantive in nature, and expressly implements a new statute directing the courts to consider accepting documents without notarization if they are signed under the following language: "I declare under penalty of perjury that everything I have stated in this document is true and correct." Minnesota Statutes, section 358.116 (2014) (codifying Minnesota Laws 2014, chapter 204, section 3). The statute allows the courts to require specifically by rule that notarization is necessary, but the difficulty in accomplishing and documenting notarization for documents that are e-filed and e-served militates against requiring formal notarization. Accordingly, summary judgment affidavits may be signed by the party under penalty of perjury, so long as the appropriate language is included above the party's signature. The rule also requires inclusion of the date of signing and the county and state where signed to provide information necessary to establish the fact and venue of possible perjury; this information is otherwise provided by notarization. Rule 15 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 124 MINNESOTA COURT RULES of the Minnesota General Rules of Practice provides that documents signed in accordance with its terms constitute "affidavits." 56.06 Judgment Independent of the Motion After giving notice and a reasonable time to respond, the court may: (a) grant summary judgment for a nonmovant; (b) grant the motion on grounds not raised by a party; or (c) consider summary judgment on its own initiative after identifying for the parties the material facts that may not be genuinely in dispute. (Amended effective July 1, 2018.) 56.07 Failing to Grant All the Requested Relief If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact - including an item of damages or other relief - that is not genuinely at issue and treating the fact as established in the case. (Amended effective July 1, 2018.) 56.08 Affidavit Submitted in Bad Faith If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the court - after notice and a reasonable time to respond - may order the submitting party to pay the other party the reasonable expenses, including attorney's fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions. (Added effective July 1, 2018.) Advisory Committee Comment - 2018 Amendments

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