Legal Memorandum: Summary Judgment in MN

Issue: What is the Minnesota standard for summary judgment?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; Absence of disputed material facts; Undisputed facts as a matter of law
Jurisdiction: Minnesota
Cited Cases: 425 N.W.2d 580
Cited Statutes: Minn. R. Civ. P. 56.03
Date: 01/01/2006

A moving party is entitled to summary judgment only if it can establish both the absence of disputed material facts and that it is entitled to judgment on the undisputed facts as a matter of law.  Minn. R. Civ. P. 56.03.  Moreover, when the matters at issue involve affirmative defenses on which the moving party bears the burden of persuasion at trial, the burden is on the moving party to make out a prima facie defense before any burden shifts to the party opposing the motion.  Thile v. Stich, 425 N.W.2d 580, 583 (Minn. 1988). 

Of course, all doubts and reasonable inferences are resolved in favor of the non-moving party.  Nord v. Herreid, 305 N.W.2d 337, 339 (Minn 1981). 


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