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Rule 40.Assignment of Cases for Trial

Last verified July 1, 2026

In one sentenceRule 40 lets the judges of a court decide, by order or local rule, how cases get scheduled and called for trial.

Full Text of Rule 40

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The judges of the court may, by order or by rule of court, provide for the setting of cases for trial upon the calendar, the order in which they shall be heard, and the resetting thereof.

Plain-English Summary

Rule 40 is short because its job is narrow. It gives the judges of a court the authority to set up their own system for scheduling cases for trial, deciding the order cases are heard in, and rescheduling them when needed. It does not create rights for the parties or set deadlines; it is about how the court manages its calendar.

Because each court can handle this differently, parties should look to local orders or rules for the specifics of how their case will be scheduled, instead of expecting Rule 40 itself to answer that question.

Frequently Asked Questions

Does Rule 40 tell me when my trial will be scheduled?

Not directly. Rule 40 gives the judges of the court the power to set up the process for scheduling and ordering trials; the actual scheduling details come from the court’s own orders or local rules.

Can a court change the order in which cases are set for trial?

Yes. Rule 40 allows the judges to determine the order in which cases are heard and to reset that order as needed.

Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 40). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source
Also known as: trial calendar rule