Issue: Under Minnesota law, may a court entertain a summary judgment motion where the proponent fails to comply with Minn. R. Civ. P. 56.03 and Gen. R. Prac. 115.03(d)(1), (3)?
| Area of Law: | Litigation & Procedure |
| Keywords: | A summary judgment motion; Noncompliance; Fails to include a statement of the issues |
| Jurisdiction: | Minnesota |
| Cited Cases: | None |
| Cited Statutes: | Minn. R. Civ. P. 56.03; Gen. R. Prac. 115.03(d)(1), (3); Gen. R. Prac. 115.03(a) |
| Date: | 03/01/2014 |
A summary judgment motion may not be heard where the movant failed to comply with Minn. R. Civ. P. 56.03 and Gen. R. Prac. 115.03(d)(1), (3). Such noncompliance will be found where such a motion fails to include a statement of the issues which are the grounds of the summary judgment motion and fails to include a recital of all the material facts it contends are undisputed with record citations. “No motion shall be heard” until documents containing the required information are filed and served “at least 28 days prior to the hearing.” Gen. R. Prac. 115.03(a).
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