Minnesota procedural guides

Plain-English guides to the Minnesota Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a Minnesota complaint: 21 days from the summons, in a case that may not be filed yetMinnesota Rule 12.01 gives 21 days after service of the summons to serve an answer — and because Minnesota actions are commenced by service, there may be no court file to look at.
• Commencing a Minnesota action: you sue before you file, and you have one year to fileMinnesota commences a civil action by serving the summons, not by filing it — and Rule 5.04(a) deems the action dismissed with prejudice if it is not filed within one year of commencement.
• Minnesota garnishment: you get ten days' warning before your wages are touchedMinnesota requires an earnings exemption notice to be served ten or more days before the first garnishment summons — and returning the exemption claim inside those ten days stops the garnishment.
• Appealing a Minnesota conciliation court judgment: it's a removal, and it starts the case overMinnesota does not review conciliation court judgments on appeal — a party removes the case to district court within 21 days of notice, and gets an entirely new trial.
• The Minnesota motion to dismiss: six grounds, made before pleadingMinn. R. Civ. P. 12.02 lets six defences be raised by motion, but the motion must be made before pleading — and the answer clock runs from service, which in Minnesota is what starts the case.
• Responding to summary judgment in Minnesota: 14 days minimum, and cite the recordMinnesota's Rule 56 requires a summary judgment motion to be served at least 14 days before the hearing and no more than 30 days after discovery closes — and every factual assertion must cite particular parts of the record.
• Setting aside a Minnesota default judgment: one year, and a separate route if you were never notifiedMinn. R. Civ. P. 60.02 caps mistake, newly discovered evidence and fraud at one year — but preserves a distinct power to relieve a defendant who was never actually personally notified.

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