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MINNESOTA COURT RULES

CIVIL PROCEDURE

Minnesota Rules of Civil Procedure

Revised Effective January 1, 1989
With amendments effective July 1, 2013

TABLE OF HEADNOTES

I. SCOPE OF RULES - ONE FORM OF ACTION

Rule 1. Scope of Rules
Rule 2. One Form of Action

II. COMMENCEMENT OF THE ACTION; SERVICE OF PROCESS,
PLEADINGS, MOTIONS AND ORDERS

Rule 3. Commencement of the Action; Service of the Complaint; Filing of the Action
3.01Commencement of the Action
3.02Service of Complaint
Rule 4. Service
4.01Summons; Form
4.02By Whom Served
4.03Personal Service
4.04Service by Publications; Personal Service Out of State
4.041Additional Information to be Published
4.042Service of the Complaint
4.043Service by Publication; Defendant May Defend; Restitution
4.044Nonresident Owner of Land Appointing an Agent
4.05Service by Mail
4.06Return
4.07Amendments
Rule 5. Service and Filing of Pleadings and Other Papers
5.01Service; When Required; Appearance
5.02Service; How Made
5.03Service; Numerous Defendants
5.04Filing; Certificate of Service
5.05Filing; Facsimile Transmission
5.06Filing Electronically
Rule 5A. Notice of Constitutional Challenge to a Statute
Rule 6. Time
6.01Computation
6.02Enlargement
6.03Unaffected by Expiration of Term
6.04For Motions; Affidavits
6.05Additional Time After Service by Mail or Service Late in Day

III. PLEADINGS AND MOTIONS

Rule 7. Pleadings Allowed; Form of Motions
7.01Pleadings
7.02Motions and Other Papers
Rule 8. General Rules of Pleading
8.01Claims for Relief
8.02Defenses; Form of Denials
8.03Affirmative Defenses
8.04Effect of Failure to Deny
8.05Pleading to be Concise and Direct; Consistency
8.06Construction of Pleadings
Rule 9. Pleading Special Matters
9.01Capacity
9.02Fraud, Mistake, Condition of Mind
9.03Conditions Precedent
9.04Official Document or Act
9.05Judgment
9.06Time and Place
9.07Special Damages
9.08Unknown Party; How Designated
Rule 10. Form of Pleadings
10.01Caption; Names of Parties
10.02Paragraph; Separate Statements
10.03Adoption by Reference; Exhibits
10.04Failure to Comply
Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
11.01Signature
11.02Representations to Court
11.03Sanctions
11.04Inapplicability to Discovery
Rule 12. Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on Pleadings
12.01When Presented
12.02How Presented
12.03Motion for Judgment on the Pleadings
12.04Preliminary Hearing
12.05Motion for More Definite Statement, for Paragraphing and for Separate Statement
12.06Motion to Strike
12.07Consolidation of Defenses in Motion
12.08Waiver or Preservation of Certain Defenses
Rule 13. Counterclaim and Cross-Claim
13.01Compulsory Counterclaims
13.02Permissive Counterclaims
13.03Counterclaim Exceeding Opposing Claim
13.04Counterclaim Against the State of Minnesota
13.05Counterclaim Maturing or Acquired After Pleading
13.06Omitted Counterclaim
13.07Cross-Claim Against Co-Party
13.08Joinder of Additional Parties
13.09Separate Trials; Separate Judgment
Rule 14. Third-Party Practice
14.01When Defendant May Bring in Third Party
14.02When Plaintiff May Bring in Third Party
14.03Orders for Protection of Parties and Prevention of Delay
Rule 15. Amended and Supplemental Pleadings
15.01Amendments
15.02Amendments to Conform to the Evidence
15.03Relation Back of Amendments
15.04Supplemental Pleadings
Rule 16. Pretrial Conferences; Scheduling; Management
16.01Pretrial Conferences; Objectives
16.02Scheduling and Planning
16.03Subjects for Consideration
16.04Final Pretrial Conference
16.05Pretrial Orders
16.06Sanctions

IV. PARTIES

Rule 17. Parties Plaintiff and Defendant; Capacity
17.01Real Party in Interest
17.02Infants or Incompetent Persons
Rule 18. Joinder of Claims and Remedies
18.01Joinder of Claims
18.02Joinder of Remedies; Fraudulent Conveyances
Rule 19. Joinder of Persons Needed for Just Adjudication
19.01Persons to be Joined if Feasible
19.02Determination by Court Whenever Joinder Not Feasible
19.03Pleading Reasons for Nonjoinder
19.04Exception of Class Actions
Rule 20. Permissive Joinder of Parties
20.01Permissive Joinder
20.02Separate Trials
Rule 21. Misjoinder and Nonjoinder of Parties
Rule 22. Interpleader
Rule 23. Class Actions
23.01Prerequisites to a Class Action
23.02Class Actions Maintainable
23.03Determining by Order Whether to Certify a Class Action; Appointing Class Counsel; Notice and Membership in Class; Judgment; Multiple Classes and Subclasses
23.04Orders in Conduct of Action
23.05Settlement, Voluntary Dismissal, or Compromise
23.06Appeals
23.07Class Counsel
23.08Attorney Fees Award
23.09Derivative Actions by Shareholders or Members
23.10Actions Relating to Unincorporated Associations
Rule 24. Intervention
24.01Intervention of Right
24.02Permissive Intervention
24.03Procedure
24.04Deleted
Rule 25. Substitution of Parties
25.01Death
25.02Incompetency
25.03Transfer of Interest
25.04Public Officers; Death or Separation from Office

V. DEPOSITIONS AND DISCOVERY

Rule 26. Duty to Disclose; General Provisions Governing Discovery
26.01Required Disclosures
26.02Discovery Methods, Scope and Limits
26.03Protective Orders
26.04Sequence and Timing of Discovery
26.05Supplementation of Responses
26.06Discovery Conference
26.07Signing of Discovery Requests, Responses and Objections
Rule 27. Deposition before Action or Pending Appeal
27.01Before Action
27.02Pending Appeal
27.03Perpetuation by Action
Rule 28. Persons Before Whom Depositions May Be Taken
28.01Within the United States
28.02In Foreign Countries
28.03Disqualification for Interest
Rule 29. Stipulations Regarding Discovery Procedure
Rule 30. Depositions Upon Oral Examination
30.01When Depositions May Be Taken
30.02Notice of Examination; General Requirements; Special Notice; Non-Stenographic Method of Recording; Production of Documents and Things; Deposition of Organization; Depositions by Telephone
30.03Examination and Cross-Examination; Record of Examination; Oath; Objections
30.04Schedule and Duration; Motion to Terminate or Limit Examination
30.05Review by Witness; Changes; Signing
30.06Certification and Filing by Officer; Exhibits; Copies; Notices of Filing
30.07Failure to Attend or to Serve Subpoena; Expenses
Rule 31. Depositions of Witnesses Upon Written Questions
31.01Serving Questions; Notice
31.02Officer to Take Responses and Prepare Record
31.03Notice of Filing
Rule 32. Use of Depositions in Court Proceedings
32.01Use of Depositions
32.02Objections to Admissibility
32.03Form of Presentation
32.04Effect of Errors and Irregularities in Depositions
32.05Use of Videotape Depositions
Rule 33. Interrogatories to Parties
33.01Availability
33.02Scope; Use at Trial
33.03Option to Produce Business Records
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
34.01Scope
34.02Procedure
34.03Persons Not Parties
Rule 35. Physical, Mental, and Blood Examination of Persons
35.01Order of Examinations
35.02Report of Findings
35.03Waiver of Medical Privilege
35.04Medical Disclosures and Depositions of Medical Experts
Rule 36. Requests for Admission
36.01Request for Admission
36.02Effect of Admission
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery: Sanctions
37.01Motion for Order Compelling Disclosure or Discovery
37.02Failure to Comply with Order
37.03Failure to Disclose, to Supplement an Earlier Response, or to Admit
37.04Failure of a Party to Attend at Own Deposition or Serve Answers
37.05Electronically Stored Information
37.06Failure to Participate in Framing a Discovery Plan

VI. TRIALS

Rule 38. Jury Trial of Right
38.01Right Preserved
38.02Waiver
38.03Repealed
Rule 39. Trial by Jury or by the Court
39.01By Court
39.02Advisory Jury and Trial by Consent
39.03Preliminary Instructions in Jury Trials
39.04Opening Statements by Counsel
Rule 40. Assignment of Cases for Trial
Rule 41. Dismissal of Actions
41.01Voluntary Dismissal; Effect Thereof
41.02Involuntary Dismissal; Effect Thereof
41.03Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim
41.04Costs of Previously Dismissed Action
Rule 42. Separate Trials
42.01Consolidation
42.02Separate Trials
Rule 43. Taking of Testimony
43.01Form
43.02Abrogated
43.03Abrogated
43.04Affirmation in Lieu of Oath
43.05Evidence and Motions
43.06Abrogated
43.07Interpreters
Rule 44. Proof of Official Record
44.01Authentication
44.02Lack of Record
44.03Other Proof
44.04Abrogated
Rule 45. Subpoena
45.01For Attendance of Witnesses; Form; Issuance
45.02Service
45.03Protection of Persons Subject to Subpoenas
45.04Duties in Responding to Subpoena
45.05Contempt
Rule 46. Exceptions Unnecessary
Rule 47. Jurors
47.01Examination of Jurors
47.02Abrogated
47.03Separation of Jury
47.04Excuse
Rule 48. Number of Jurors; Participation in Verdict
Rule 49. Special Verdicts and Interrogatories
49.01Special Verdicts
49.02General Verdict Accompanied by Answer to Interrogatories
Rule 50. Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings
50.01Judgment as a Matter of Law
50.02Renewing Motion for Judgment After Trial; Alternative Motion for New Trial
50.03Granting Renewed Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion
50.04Denial of Motion for Judgment as a Matter of Law
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error
51.01Requests
51.02Instructions
51.03Objections
51.04Assigning Error; Plain Error
Rule 52. Findings by the Court
52.01Effect
52.02Amendment
Rule 53. Masters
53.01Appointment
53.02Order Appointing Master
53.03Master's Authority
53.04Evidentiary Hearings
53.05Master's Orders
53.06Master's Reports
53.07Action on Master's Order, Report, or Recommendations
53.08Compensation
53.09Appointment of Statutory Referee
Rule 54. Judgments; Costs
54.01Definition; Form
54.02Judgment upon Multiple Claims
54.03Demand for Judgment
54.04Costs
Rule 55. Default
55.01Judgment
55.02Plaintiffs; Counterclaimants; Cross-Claimants
Rule 56. Summary Judgment
56.01For Claimant
56.02For Defending Party
56.03Motion and Proceedings Thereon
56.04Case not Fully Adjudicated on Motion
56.05Form of Affidavits; Further Testimony; Defense Required
56.06When Affidavits are Unavailable
56.07Affidavits Made in Bad Faith
Rule 57. Declaratory Judgments
Rule 58. Entry of Judgment; Stay
58.01Entry
58.02Stay
Rule 59. New Trials
59.01Grounds
59.02Basis of Motion
59.03Time for Motion
59.04Time for Serving Affidavits
59.05On Initiative of Court
59.06Stay of Entry of Judgment
Rule 60. Relief from Judgment or Order
60.01Clerical Mistakes
60.02Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
Rule 61. Harmless Error
Rule 62. Stay of Proceedings to Enforce a Judgment
62.01Stay on Motions
62.02Injunction Pending Appeal
62.03Stay upon Appeal
62.04Stay in Favor of the State or Agency Thereof
62.05Power of Appellate Court Not Limited
62.06Stay of Judgment Upon Multiple Claims
Rule 63. Disability or Disqualification of Judge; Notice to Remove; Assignment of a Judge
63.01Disability of Judge
63.02Interest or Bias
63.03Notice to Remove
63.04Assignment of Judge

VII. PROVISIONAL AND FINAL REMEDIES
AND SPECIAL PROCEEDINGS

Rule 64. Seizure of Person or Property
Rule 65. Injunctions
65.01Temporary Restraining Order; Notice; Hearing; Duration
65.02Temporary Injunction
65.03Security
65.04Form and Scope of Injunction or Restraining Order
Rule 66. Receivers
Rule 67. Deposit in Court
67.01In an Action
67.02When No Action is Brought
67.03Court May Order Deposit or Seizure of Property
67.04Money Paid into Court
Rule 68. Offer of Judgment or Settlement
68.01Offer
68.02Acceptance or Rejection of Offer
68.03Effect of Unaccepted Offer
68.04Applicable Attorney Fees and Prejudgment Interest
Rule 69. Execution
Rule 70. Judgment for Specific Acts; Vesting Title
Rule 71. Process in Behalf of and Against Persons Not Parties
Rules 72 to 76. [Reserved for Future Use]

VIII. DISTRICT COURTS AND COURT ADMINISTRATORS

Rule 77. District Courts and Court Administrators
77.01District Courts Always Open
77.02Trials and Hearings; Orders in Chambers
77.03Court Administrator's Office and Orders by Court Administrator
77.04Notice of Orders or Judgments
Rules 78 and 79. [Reserved for Future Use]
Rule 80. Stenographic Report or Transcript as Evidence
Rule 81. Applicability; in General
81.01Statutory and Other Procedures
81.02Appeals to District Courts
81.03Rules Incorporated into Statutes
Rule 82. Jurisdiction and Venue
Rule 83. Rules by District Courts
Rule 84. Appendix of Forms
Rule 85. Title
Rule 86. Effective Date
86.01Effective Date and Application to Pending Proceedings

APPENDICES

Appendix A - Special Proceedings Under Rule 81.01

Appendix B(1) - List of Rules Superseding Statutes

Appendix B(2) - List of Statutes Superseded by Rules

APPENDIX OF FORMS

Introductory Statement

Form 1 - Summons

Form 2 - Complaint on a Promissory Note

Form 3 - Complaint on an Account

Form 4 - Complaint for Goods Sold and Delivered

Form 5 - Complaint for Money Lent

Form 6 - Complaint for Money Paid by Mistake

Form 7 - Complaint for Money Had and Received

Form 8 - Complaint for Negligence

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

Form 10 - Complaint for Conversion

Form 11 - Complaint for Specific Performance of Contract to Convey Land

Form 12 - Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18.02

Form 13 - Complaint for Interpleader and Declaratory Relief

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

Form 15 - Answer Presenting Defenses Under Rule 12.02

Form 16 - Answer to Complaint Set Forth in Form 7, With Counterclaim for Interpleader

Form 17 - Summons and Complaint Against Third-Party Defendant

Form 18 - Motion to Intervene as a Defendant Under Rule 24

Form 19 - Request for Production of Documents, etc., Under Rule 34

Form 20 - Request for Admission Under Rule 36

Form 21 - Allegation of Reason for Omitting Party

Form 22 - Notice and Acknowledgment of Service by Mail

Form 23 - Subject Matter Index for Civil Cases

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