Summary Judgment

56.01 Motion for Summary Judgment or Partial Summary Judgment A party may move for summary judgment, identifying each claim or defense - or the part of each claim or defense - on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record or in a written decision the reasons for granting or denying the motion. (Amended effective March 1, 1994; amended effective July 1, 2018.) Advisory Committee Comment - 1993 Amendment The amendment to Rule 56.01 is intended to correct a typographical or grammatical error in the existing rule. No change in meaning or interpretation is intended. 56.02 Time to File a Motion Service and filing of the motion must comply with the requirements of Rule 115.03 of the General Rules of Practice for the District Courts, provided that in no event shall the motion be served less than 14 days before the time fixed for the hearing. Unless the court orders otherwise, a party may not file a motion for summary judgment more than 30 days after the close of all discovery. (Amended effective July 1, 2018.) 56.03 Procedures (a) Supporting Factual Positions. A party asserting that there is no genuine issue as to any material fact must support the assertion by: (1) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (2) showing that the materials cited do not establish the absence or presence of a genuine issue for trial, or that an adverse party cannot produce admissible evidence to support the fact. (b) Objection That a Fact is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. (c) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record. (d) Affidavits. An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated. (Amended effective March 1, 1994; amended effective July 1, 2018.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 123 CIVIL PROCEDURE MINNESOTA COURT RULES Advisory Committee Comment - 1993 Amendment The amendment to Rule 56.03 is intended to make clear the relationship between this rule and Minn. Gen. R. Prac. 115. Rule 56.03 includes a strict ten-day notice requirement before a summary judgment motion may be heard. This minimum notice period is mandatory unless waived by the parties. See McAllister v. Independent School District No. 306, 276 Minn. 549, 149 N.W.2d 81 (1967). The rule is intended to provide protection before claims or defenses are summarily determined by requiring a minimum of ten days' notice. 56.04 When Facts Are Unavailable to the Nonmovant If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (a) defer considering the motion or deny it; (b) allow time to obtain affidavits or to take discovery; or (c) issue any other appropriate order. (Amended effective July 1, 2018.) 56.05 Failing to Properly Support or Address a Fact If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by Rule 56.03, the court may: (a) give an opportunity to properly support or address the fact; (b) consider the fact undisputed for purposes of the motion; (c) grant summary judgment if the motion and supporting materials - including the facts considered undisputed - show that the movant is entitled to it; or (d) issue any other appropriate order. (Amended effective July 1, 2015; amended effective July 1, 2018.) Advisory Committee Comments - 2015 Amendments