Minnesota Rules of Civil Procedure
With amendments effective as of January 2, 2006
Provided by the Minnesota Supreme Court Commissioner’s Office
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
3.01 Commencement of the Action
3.02 Service of Complaint
Rule 4. Service
4.01 Summons; Form
4.02 By Whom Served
4.03 Personal Service
4.04 Service by Publications; Personal Service Out of State
4.041 Additional Information to be Published
4.042 Service of the Complaint
4.043 Service by Publication; Defendant May Defend; Restitution
4.044 Nonresident Owner of Land Appointing an Agent
4.05 Service by Mail
4.06 Return
4.07 Amendments
Rule 5. Service and Filing of Pleadings and Other Papers
5.01 Service; When Required; Appearance
5.02 Service; How Made
5.03 Service; Numerous Defendants
5.04 Filing; Certificate of Service
5.05 Filing; Facsimile Transmission
Rule 6. Time
6.01 Computation
6.02 Enlargement
6.03 Unaffected by Expiration of Term
6.04 For Motions; Affidavits
6.05 Additional Time After Service by Mail or Service Late in Day
III. PLEADINGS AND MOTIONS
Rule 7. Pleadings Allowed; Form of Motions
7.01 Pleadings
7.02 Motion and Other Papers
Rule 8. General Rules of Pleading
8.01 Claims for Relief
8.02 Defenses; Form of Denials
8.03 Affirmative Defenses
8.04 Effect of Failure to Deny
8.05 Pleading to be Concise and Direct; Consistency
8.06 Construction of Pleadings
Rule 9. Pleading Special Matters
9.01 Capacity
9.02 Fraud, Mistake, Condition of Mind
9.03 Conditions Precedent
9.04 Official Document or Act
9.05 Judgment
9.06 Time and Place
9.07 Special Damages
9.08 Unknown Party; How Designated
Rule 10. Form of Pleadings
10.01 Names of Parties
10.02 Paragraph; Separate Statements
10.03 Adoption by Reference; Exhibits
10.04 Failure to Comply
Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
11.01 Signature
11.02 Representations to Court
11.03 Sanctions
11.04 Inapplicability to Discovery
Rule 12. Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on Pleadings
12.01 When Presented
12.02 How Presented
12.03 Motion for Judgment on the Pleadings
12.04 Preliminary Hearing
12.05 Motion for More Definite Statement, for Paragraphing and for Separate Statement
12.06 Motion to Strike
12.07 Consolidation of Defenses in Motion
12.08 Waiver or Preservation of Certain Defenses
Rule 13. Counterclaim and Cross-Claim
13.01 Compulsory Counterclaims
13.02 Permissive Counterclaims
13.03 Counterclaim Exceeding Opposing Claim
13.04 Counterclaim Against the State of Minnesota
13.05 Counterclaim Maturing or Acquired After Pleading
13.06 Omitted Counterclaim
13.07 Cross-Claim against Co-Party
13.08 Joinder of Additional Parties
13.09 Separate Trials; Separate Judgment
Rule 14. Third-Party Practice
14.01 When Defendant May Bring in Third Party
14.02 When Plaintiff May Bring in Third Party
14.03 Orders for Protection of Parties and Prevention of Delay
Rule 15. Amended and Supplemental Pleadings
15.01 Amendments
15.02 Amendments to Conform to the Evidence
15.03 Relation Back of Amendments
15.04 Supplemental Pleadings
Rule 16. Pretrial Conferences; Scheduling; Management
16.01 Pretrial Conferences; Objectives
16.02 Scheduling and Planning
16.03 Subjects for Consideration
16.04 Final Pretrial Conference
16.05 Pretrial Orders
16.06 Sanctions
IV. PARTIES
Rule 17. Parties Plaintiff and Defendant; Capacity
17.01 Real Party in Interest
17.02 Infants or Incompetent Persons
Rule 18. Joinder of Claims and Remedies
18.01 Joinder of Claims
18.02 Joinder of Remedies; Fraudulent Conveyances
Rule 19. Joinder of Persons Needed for Just Adjudication
19.01 Persons to be Joined if Feasible
19.02 Determination by Court Whenever Joinder not Feasible
19.03 Pleading Reasons for Nonjoinder
19.04 Exception of Class Actions
Rule 20. Permissive Joinder of Parties
20.01 Permissive Joinder
20.02 Separate Trials
Rule 21. Misjoinder and Nonjoinder of Parties
Rule 22. Interpleader
Rule 23. Class Actions
23.01 Prerequisites to a Class Action
23.02 Class Actions Maintainable
23.03 Determining by Order Whether to Certify a Class Action; Appointing Class Counsel; Notice and Membership in Class; Judgment; Multiple Classes and Subclasses
23.04 Orders in Conduct of Actions
23.05 Settlement, Voluntary Dismissal , Compromise
23.06 Appeals
23.07 Class Counsel
23.08 Attorney Fees Award
23.09 Derivative Actions by Shareholders or Members
23.10 Actions Relating to Unincorporated Associations
Rule 24. Intervention
24.01 Intervention of Right
24.02 Permissive Intervention
24.03 Procedure
24.04 Notice to Attorney General
Rule 25. Substitution of Parties
25.01 Death
25.02 Incompetency
25.03 Transfer of Interest
25.04 Public Officers; Death or Separation from Office
V. DEPOSITIONS AND DISCOVERY
Rule 26. General Provisions Governing Discovery
26.01 Discovery Methods
26.02 Discovery, Scope and Limits
26.03 Protective Orders
26.04 Sequence and Timing of Discovery
26.05 Supplementation of Responses
26.06 Discovery Conference
26.07 Signing of Discovery Requests, Responses and Objections
Rule 27. Deposition before Action or Pending Appeal
27.01 Before Action
27.02 Pending Appeal
27.03 Perpetuation by Action
Rule 28. Persons Before Whom Depositions May Be Taken
28.01 Within the United States
28.02 In Foreign Countries
28.03 Disqualification for Interest
Rule 29. Stipulations Regarding Discovery Procedure
Rule 30. Depositions Upon Oral Examination
30.01 When Depositions May Be Taken
30.02 Notice of Examination; General Requirements; Special Notice; Non-Stenographic Method of Recording; Production of Documents and Things; Deposition of Organization; Depositions by Telephone
30.03 Examination and Cross-Examination; Record of Examination; Oath; Objections
30.04 Schedule and Duration; Motion to Terminate
or Limit Examination
30.05 Review by Witness; Changes; Signing
30.06 Certification and Filing by Officer; Exhibits; Copies; Notices of Filing
30.07 Failure to Attend or to Serve Subpoena; Expenses
Rule 31. Depositions of Witnesses Upon Written Questions
31.01 Serving Questions; Notice
31.02 Officers to Take Responses and Prepare Record
31.03 Notice of Filing
Rule 32. Use of Depositions in Court Proceedings
32.01 Use of Depositions
32.02 Objections to Admissibility
32.03 Form of Presentation
32.04 Effect of Errors and Irregularities in Depositions
32.05 Use of Videotape Depositions
Rule 33. Interrogatories to Parties
33.01 Availability
33.02 Scope; Use at Trial
33.03 Option to Produce Business Records
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
34.01 Scope
34.02 Procedure
34.03 Persons Not Parties
Rule 35. Physical, Mental and Blood Examination of Persons
35.01 Order of Examinations
35.02 Report of Findings
35.03 Waiver of Medical Privilege
35.04 Medical Disclosures and Depositions of Medical Experts
Rule 36. Requests for Admission
36.01 Request for Admission
36.02 Effect of Admission
Rule 37. Failure to Make Discovery or Cooperate in Discovery: Sanctions
37.01 Motion for Order Compelling Discovery
37.02 Failure to Comply with Order
37.03 Expenses on Failure to Admit
37.04 Failure of a Party to Attend at Own Deposition or Serve Answers
VI. TRIALS
Rule 38. Jury Trial of Right
38.01 Right Preserved
38.02 Waiver
38.03 Placing Action on Calendar
Rule 39. Trial by Jury or by the Court
39.01 By Court
39.02 Advisory Jury and Trial by Consent
39.03 Preliminary Instructions in Jury Trials
39.04 Opening Statements by Counsel
Rule 40. Assignment of Cases for Trial
Rule 41. Dismissal of Actions
41.01 Voluntary Dismissal; Effect Thereof
41.02 Involuntary Dismissal; Effect Thereof
41.03 Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim
41.04 Costs of Previously Dismissed Action
Rule 42. Separate Trials
42.01 Consolidation
42.02 Separate Trials
Rule 43. Taking of Testimony
43.01 Form
43.02 [Abrogated]
43.03 [Abrogated]
43.04 Affirmation in Lieu of Oath
43.05 Evidence and Motions
43.06 [Abrogated]
43.07 Interpreters
Rule 44. Proof of Official Record
44.01 Authentication
44.02 Lack of Record
44.03 Other Proof
44.04 Determination of Foreign Law [Abrogated]
Rule 45. Subpoena
45.01 Form; Issuance
45.02 Service
45.03 Protection of Persons Subject to Subpoenas
45.04 Duties in Responding to Subpoena
45.05 Contempt
Rule 46. Exceptions Unnecessary
Rule 47. Jurors
47.01 Examination of Jurors
47.02 Alternate Jurors [Abrogated]
47.03 Separation of Jury
47.04 Excuse
Rule 48. Number of Jurors; Participation in Verdict
Rule 49. Special Verdicts and Interrogatories
49.01 Special Verdicts
49.02 General Verdict Accompanied by Answer to Interrogatories
Rule 50. Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings
50.01 Judgment as a Matter of Law
50.02 Renewing Motion for Judgment After Trial; Alternative Motion for New Trial
50.03 Granting Renewed Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion
50.04 Denial of Motion for Judgment as a Matter of Law
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error
51.01 Requests
51.02 Instructions
51.03 Objections
51.04 Assigning Error; Plain Error
Rule 52. Findings by the Court
52.01 Effect
52.02 Amendment
Rule 53. Masters
53.01 Appointment
53.02 Order Appointing Master
53.03 Master’s Authority
53.04 Evidentiary Hearings
53.05 Master’s Orders
53.06 Master’s Reports
53.07 Action on Master’s Order, Report, or Recommendations
53.08 Compensation
53.09 Appointment of Statutory Referee
Rule 54. Judgments; Costs
54.01 Definition; Form
54.02 Judgment upon Multiple Claims
54.03 Demand for Judgment
54.04 Costs
Rule 55. Default
55.01 Judgment
55.02 Plaintiffs; Counterclaimants; Cross-Claimants
Rule 56. Summary Judgment
56.01 For Claimant
56.02 For Defending Party
56.03 Motion and Proceedings Thereon
56.04 Case not Fully Adjudicated on Motion
56.05 Form of Affidavits; Further Testimony; Defense Required
56.06 When Affidavits are Unavailable
56.07 Affidavits Made in Bad Faith
Rule 57. Declaratory Judgments
Rule 58. Entry of Judgment; Stay
58.01 Entry
58.02 Stay
Rule 59. New Trials
59.01 Grounds
59.02 Basis of Motion
59.03 Time for Motion
59.04 Time for Serving Affidavits
59.05 On Initiative of Court
59.06 Stay of Entry of Judgment
Rule 60. Relief from Judgment or Order
60.01 Clerical Mistakes
60.02 Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
Rule 61. Harmless Error
Rule 62. Stay of Proceedings to Enforce a Judgment
62.01 Stay on Motions
62.02 Injunction Pending Appeal
62.03 Stay upon Appeal
62.04 Stay in Favor of the State or Agency Thereof
62.05 Power of Appellate Court Not Limited
62.06 Stay of Judgment Upon Multiple Claims
Rule 63. Disability or Disqualification of Judge; Notice to Remove; Assignment of a Judge
63.01 Disability of Judge
63.02 Interest or Bias
63.03 Notice to Remove
63.04 Assignment of Judge
VII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
Rule 64. Seizure of Person or Property
Rule 65. Injunctions
65.01 Temporary Restraining Order; Notice; Hearing; Duration
65.02 Temporary Injunction
65.03 Security
65.04 Form and Scope of Injunction or Restraining Order
Rule 66. Receivers
Rule 67. Deposit in Court
67.01 In an Action
67.02 When No Action is Brought
67.03 Court May Order Deposit or Seizure of Property
67.04 Money Paid into Court
Rule 68. Offer of Judgment or Settlement
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
77.01 District Courts Always Open
77.02 Trials and Hearings; Orders in Chambers
77.03 Court Administrator’s Office and Orders by Court Administrator
77.04 Notice 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
81.01 Statutory and Other Procedures
81.02 Appeals to District Courts
81.03 Rules 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
86.01 Effective Date and Application to Pending Proceedings
I. SCOPE OF RULES - ONE FORM OF ACTION
Rule 1. Scope of Rules
These rules govern the procedure in the district courts of the State of Minnesota in all suits of a civil nature, with the exceptions stated in Rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.
(Amended effective January 1, 1997.)
Advisory Committee Comments--1996 Amendments
This change conforms the rule to its federal counterpart. The amendment is intended to make clear that the goals of just, speedy, and inexpensive resolution of litigation are just as important--if not more important--in questions that do not involve interpretation of the rules. These goals should guide all aspects of judicial administration, and this amendment expressly so states.
Rule 2. One Form of Action
There shall be one form of action to be known as “civil action.”
II. COMMENCEMENT OF THE ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3. Commencement of the Action; Service of the Complaint
3.01 Commencement of the Action
A civil action is commenced against each defendant:
(a) when the summons is served upon that defendant, or
(b) at the date of acknowledgement of service if service is made by mail, or
(c) when the summons is delivered to the sheriff in the county where the defendant resides for service; but such delivery shall be ineffectual unless within 60 days thereafter the summons is actually served on that defendant or the first publication thereof is made.
3.02 Service of Complaint
A copy of the complaint shall be served with the summons, except when the service is by publication as provided in Rule 4.04.
Rule 4. Service
4.01 Summons; Form
The summons shall state the name of the court and the names of the parties, be subscribed by the plaintiff or by the plaintiff’s attorney, give an address within the state where the subscriber may be served in person and by mail, state the time within which these rules require the defendant to serve an answer, and notify the defendant that if the defendant fails to do so judgment by default will be rendered against the defendant or the relief demanded in the complaint.
4.02 By Whom Served
Unless otherwise ordered by the court, the sheriff or any other person not less than 18 years of age and not a party to the action, may make service of a summons or other process.
4.03 Personal Service
Service of summons within the state shall be as follows:
(a) Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual’s usual place of abode with some person of suitable age and discretion then residing therein.
If the individual has, pursuant to statute, consented to any other method of service or appointed an agent to receive service of summons, or if a statute designates a state official to receive service of summons, service may be made in the manner provided by such statute.
If the individual is confined to a state institution, by serving also the chief executive officer at the institution.
If the individual is an infant under the age of 14 years, by serving also the individual’s father or mother, and if neither is within the state, then a resident guardian if the infant has one known to the plaintiff, and if the infant has none, then the person having control of such defendant, or with whom the infant resides, or by whom the infant is employed.
(b) Upon Partnerships and Associations. Upon a partnership or association which is subject to suit under a common name, by delivering a copy to a member or the managing agent of the partnership or association. If the partnership or association has, pursuant to statute, consented to any other method of service or appointed an agent to receive service of summons, or if a statute designates a state official to receive service of summons, service may be made in the manner provided by such statute.
(c) Upon a Corporation. Upon a domestic or foreign corporation, by delivering a copy to an officer or managing agent, or to any other agent authorized expressly or impliedly or designated by statute to receive service of summons, and if the agent is one authorized or designated under statute to receive service any statutory provision for the manner of such service shall be complied with. In the case of a transportation or express corporation, the summons may be served by delivering a copy to any ticket, freight, or soliciting agent found in the county in which the action is brought, and if such corporation is a foreign corporation and has no such agent in the county in which the plaintiff elects to bring the action, then upon any such agent of the corporation within the state.
(d) Upon the State. Upon the state by delivering a copy to the attorney general, a deputy attorney general or an assistant attorney general.
(e) Upon Public Corporation. Upon a municipal or other public corporation by delivering a copy
(1) To the chair of the county board or to the county auditor of a defendant county;
(2) To the chief executive officer or to the clerk of a defendant city, village or borough;
(3) To the chair of the town board or to the clerk of a defendant town;
(4) To any member of the board or other governing body of a defendant school district; or
(5) To any member of the board or other governing body of a defendant public board or public body not hereinabove enumerated.
If service cannot be made as provided in this Rule 4.03(e), the court may direct the manner of such service.
4.04 Service by Publications; Personal Service Out of State
a) Service by Publications. Service by publication shall be sufficient to confer jurisdiction:
(1) When the defendant is a resident individual domiciliary having departed from the state with intent to defraud creditors, or to avoid service, or remains concealed therein with the like intent;
(2) When the plaintiff has acquired a lien upon property or credits within the state by attachment or garnishment, and
(A) The defendant is a resident individual who has departed from the state, or cannot be found therein, or
(B) The defendant is a nonresident individual or a foreign corporation, partnership or association;