MINNESOTA COURT RULES

CIVIL PROCEDURE

Minnesota Rules of Civil Procedure

Revised Effective January 1, 1989
With amendments effective through January 1, 2025

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

3.01		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		Waiving Service of Summons
4.06		Return
4.07		Amendments

Rule 5. Service and Filing of Pleadings and Other Documents

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
5.06		Filing Electronically

Rule 5A. Notice of Constitutional Challenge to a Statute

Rule 6. Time

6.01		Computation
6.02		Enlargement
6.03		Unaffected by Expiration of Term
6.04		For Motions; Affidavits
6.05		[Abrogated]

III. PLEADINGS AND MOTIONS

Rule 7. Pleadings Allowed; Form of Motions

7.01		Pleadings
7.02		Motions and Other Documents

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		Caption; 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 Documents; 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 a Defending Party May Bring in a Third Party
14.02		Third-Party Defendant's Claims and Defenses
14.03		Plaintiff's Claims Against a Third-Party Defendant
14.04		Motion to Strike, Sever, or Try Separately
14.05		Third-Party Defendant's Claim against a Nonparty
14.06		When a Plaintiff May Bring in a Third Party
14.07		Defending Against a Demand for Judgment for the Plaintiff
14.08		Protective Orders for 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 Action
23.05		Settlement, Voluntary Dismissal, or 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		Deleted

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. Duty to Disclose; General Provisions Governing Discovery

26.01		Required Disclosures
26.02		Discovery Methods, Scope and Limits
26.03		Protective Orders
26.04		Timing and Sequence of Discovery
26.05		Supplementation of Responses
26.06		Discovery Conference and Discovery Plan
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: Notice of Method of Recording; Additional Recording Method; Production of Documents and Things; Deposition of Organization; Depositions by Remote Technology
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		Officer 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 Video 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, Electronically Stored Information, 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 Disclosures or to Cooperate in Discovery: Sanctions

37.01		Motion for Order Compelling Disclosure or Discovery
37.02		Failure to Comply with Order
37.03		Failure to Disclose, to Supplement an Earlier Response, or to Admit
37.04		Failure of a Party to Attend at Own Deposition or Serve Answers
37.05		Failure to Preserve Electronically Stored Information
37.06		Failure to Participate in Framing a Discovery Plan

VI. TRIALS

Rule 38. Jury Trial of Right

38.01		Right Preserved
38.02		Waiver
38.03		Repealed

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		Abrogated

Rule 45. Subpoena

45.01		For Attendance of Witnesses; Form; Issuance
45.02		Service
45.03		Protection of Persons Subject to Subpoenas
45.04		Duties in Responding to Subpoena
45.05		Contempt
45.06		Interstate Depositions and Discovery

Rule 46. Exceptions Unnecessary

Rule 47. Jurors

47.01		Examination of Jurors
47.02		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		Motion for Summary Judgment or Partial Summary Judgment
56.02		Time to File a Motion
56.03		Procedures
56.04		When Facts are Unavailable to the Nonmovant
56.05		Failing to Properly Support or Address a Fact
56.06		Judgment Independent of the Motion
56.07		Failing to Grant All the Requested Relief
56.08		Affidavit Submitted 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

68.01		Offer
68.02		Acceptance or Rejection of Offer
68.03		Effect of Unaccepted Offer
68.04		Applicable 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

77.01		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

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 - [Repealed]

Form 22A - Notice of Lawsuit and Request for Waiver of Service of Summons

Form 22B - Waiver of Service of Summons

Form 23 - [Abrogated]