Responding to a Minnesota complaint: 21 days from the summons, in a case that may not be filed yet

Minnesota's answer period is 21 days, and the clock runs from service of the summons. What makes Minnesota distinctive is what may not exist when it starts: the case may not have been filed with any court.

Minnesota, like Washington, allows an action to be commenced by service rather than by filing. So a defendant can be under a live 21-day deadline in a case with no docket, no case number, and no file to inspect.

The deadline

Minn. R. Civ. P. 12.01:

Defendant shall serve an answer within 21 days after service of the summons upon that defendant unless the court directs otherwise pursuant to Rule 4.043. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 21 days after the service upon that party. The plaintiff shall serve a reply to a counterclaim in the answer within 21 days after service of the answer or, if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs. The service of a motion permitted under this rule alters these periods of time as follows unless a different time is fixed by order of the court: (1) If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 14 days after service of notice of the court's action; (2) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 14 days after the service of the more definite statement.

Twenty-one days throughout, and note three things.

It runs from the summons, not from a filed complaint.

The obligation is to serve, not to file — consistent with a system where the case may not be on file.

And Rule 4.043 can change it. Where the court has directed otherwise under that rule, read the direction.

Default

Minn. R. Civ. P. 55.01:

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend within the time allowed therefor by these rules or by statute, and that fact is made to appear by affidavit, judgment by default shall be entered against that party as follows: (a) When the plaintiff's claim against a defendant is upon a contract for the payment of money only, or for the payment of taxes and penalties and interest thereon owing to the state, the court administrator, upon request of the plaintiff and upon affidavit of the amount due, which may not exceed the amount demanded in the complaint or in a written notice served on the defendant in accordance with Rule 4 if the complaint seeks an unspecified amount pursuant to Rule 8.01, shall enter judgment for the amount due and costs against the defendant.

Two features.

The affidavit is required — "made to appear by affidavit," not "by affidavit or otherwise" as in the federal rule and many states. Minnesota requires the sworn statement.

And the administrator's route is narrow. Only a contract for the payment of money only, or state taxes and penalties, goes to the court administrator. Everything else goes to the court.

The cap is built in: the affidavit amount cannot exceed what the complaint demanded — or, where the complaint seeks an unspecified amount under Rule 8.01, what a written notice served under Rule 4 demanded.

The commencement point matters

Because service commences the action, a Minnesota defendant should not assume that the absence of a court file means the absence of a deadline.

Two practical consequences:

Your answer is served on the plaintiff's lawyer, not filed with a court that may have nothing on record.

And the case can be filed later. Minnesota requires filing within a period after commencement, and a defendant who ignored an unfiled summons can find a filed case with a default already sought.

The guide on how a Washington lawsuit starts covers the same structure in that state, including the mechanism by which a defendant can compel the plaintiff to file.

Answering, or moving

Rule 12.02 carries Minnesota's pre-answer defences, on the federal model. Serving such a motion alters the 21 days as Rule 12.01 provides.

Rule 12.03 supplies judgment on the pleadings, and Rule 12.02's conversion provision turns a failure-to-state-a-claim motion into a Rule 56 motion where outside matter is presented and not excluded.

How Minnesota compares

A short checklist

1. Calendar 21 days from service of the summons, whether or not anything has been filed.
2. Serve your answer on the plaintiff's attorney. The obligation is service, not filing.
3. Check for a Rule 4.043 direction changing the period.
4. Do not treat an unfiled case as no case. Minnesota actions are commenced by service.
5. A Rule 12.02 motion alters the clock — you need not answer first.
6. Watch for conversion if outside evidence is presented on a failure-to-state-a-claim motion.
7. If a default is sought, look at the affidavit. Minnesota requires one, and the amount cannot exceed what was demanded.
8. Check which route the plaintiff used. Only a contract for the payment of money only, or state taxes and penalties, can go through the court administrator.

Where these rules live

• Minn. R. Civ. P. 3 — Commencement of the action
• Minn. R. Civ. P. 4 — Process
• Minn. R. Civ. P. 5 — Service and filing of pleadings and other papers
• Minn. R. Civ. P. 6 — Time
• Minn. R. Civ. P. 8 — General rules of pleading
• Minn. R. Civ. P. 12 — Defenses and objections
• Minn. R. Civ. P. 15 — Amended and supplemental pleadings
• Minn. R. Civ. P. 55 — Default
• Minn. R. Civ. P. 60 — Relief from judgment or order

This page explains what the rules say. It isn't legal advice, and the deadline for filing a commenced action is set by rule and statute this page doesn't reproduce.