56.01 Motion for Summary Judgment or Partial Summary Judgment A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record or in a written decision the reasons for granting or denying the motion.
Rule 56.Summary Judgment
Last amended July 1, 2018 · Last verified July 1, 2026
In one sentenceRule 56 lets a party ask the court to decide a claim or defense without a trial when there is no genuine factual dispute and the law favors that party.
Full Text of Rule 56
56.02 Time to File a Motion Service and filing of the motion must comply with the requirements of Rule 115.03 of the General Rules of Practice for the District Courts, provided that in no event shall the motion be served less than 14 days before the time fixed for the hearing. Unless the court orders otherwise, a party may not file a motion for summary judgment more than 30 days after the close of all discovery.
56.03 Procedures
a Supporting Factual Positions. A party asserting that there is no genuine issue as to any material fact must support the assertion by:
1 citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
2 showing that the materials cited do not establish the absence or presence of a genuine issue for trial, or that an adverse party cannot produce admissible evidence to support the fact.
b Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.
c Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.
d Affidavits. An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated.
56.04 When Facts Are Unavailable to the Nonmovant If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:
a defer considering the motion or deny it;
b allow time to obtain affidavits or to take discovery; or
c issue any other appropriate order.
56.05 Failing to Properly Support or Address a Fact If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56.03, the court may:
a give an opportunity to properly support or address the fact;
b consider the fact undisputed for purposes of the motion;
c grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it; or
d issue any other appropriate order.
56.06 Judgment Independent of the Motion After giving notice and a reasonable time to respond, the court may:
a grant summary judgment for a nonmovant;
b grant the motion on grounds not raised by a party; or
c consider summary judgment on its own initiative after identifying for the parties the material facts that may not be genuinely in dispute.
56.07 Failing to Grant All the Requested Relief If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact—including an item of damages or other relief—that is not genuinely at issue and treating the fact as established in the case.
56.08 Affidavit Submitted in Bad Faith If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the court—after notice and a reasonable time to respond—may order the submitting party to pay the other party the reasonable expenses, including attorney’s fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.
Advisory Committee Comments
Advisory Committee Comment--1993 Amendments
The amendment to Rule 56.03 is intended to make clear the relationship between this rule and Minn. Gen. R. Prac. 115. Rule 56.03 includes a strict ten-day notice requirement before a summary judgment motion may be heard. This minimum notice period is mandatory unless waived by the parties. See McAllister v. Independent School District No. 306, 276 Minn. 549, 149 N.W.2d 81 (1967). The rule is intended to provide protection before claims or defenses are summarily determined by requiring a minimum of ten days’ notice.
Advisory Committee Comments—2015 Amendments
Rule 56.05 is amended in two ways. The first is not substantive in nature or intended effect. The replacement of “papers” with “documents” is made throughout these rules, and simply advances precision in choice of language. Most documents will not be filed as “paper” documents, so paper is retired as a descriptor of them. The second change is substantive in nature, and expressly implements a new statute directing the courts to consider accepting documents without notarization if they are signed under the following language: “I declare under penalty of perjury that everything I have stated in this document is true and correct.” Minn. Stat. § 358.116 (2014) (codifying 2014 Minn. Laws ch. 204, § 3). The statute allows the courts to require specifically by rule that notarization is necessary, but the difficulty in accomplishing and documenting notarization for documents that are e-filed and e-served militates against requiring formal notarization. Accordingly, summary judgment affidavits may be signed by the party under penalty of perjury, so long as the appropriate language is included above the party’s signature. The rule also requires inclusion of the date of signing and the county and state where signed to provide information necessary to establish the fact and venue of possible perjury; this information is otherwise provided by notarization. Rule 15 of the Minnesota General Rules of Practice provides that documents signed in accordance with its terms constitute “affidavits.”
Advisory Committee Comment—2018 Amendments
Rule 56 is extensively revamped to improve its operation. These amendments closely follow the amendments to Rule 56 of the Federal Rules of Civil Procedure in 2010. They are not intended to change substantially practice under the rule, and very carefully preserve the familiar test of “no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law” in Rule 56.01. Rule 56.03(c) makes it clear that the court is not required to consider any matters beyond those filed in conjunction with the motion for summary judgment—filed by either the movant or any other parties. Rule 115.03(d) of the Minnesota General Rules of Practice sets forth specific requirements for what must be filed for summary judgment motions and responses. Rule 56.03 also retains, however, the traditional rule allowing the court to base either the grant or denial of summary judgment on any factual material contained in the record—this means the entire court file record, including all pleadings, other filings, and transcripts of arguments or hearings. Rule 56.03(d) refers to “affidavits” as that term is defined for all proceedings by Rule 15 of the Minnesota General Rules of Practice. That rule encompasses both statements signed, sworn to, and notarized and statements signed under penalty of perjury in accordance with the rule. Rule 56.06 carries forward the existing procedure allowing entry of judgment in favor of the movant or nonmovant, granting the motion on grounds other than those argued, or considering summary judgment on its own initiative. See, e.g., Del Hayes & Sons, Inc. v Mitchell, 304 Minn. 275, 230 N.W.2d 588 (1975) (sua sponte grant of summary judgment allowed). Where the court acts on its own initiative, the rule specifies that the parties are entitled to notice of its view about fact issues that may not be in dispute. That notice should precede any order for summary judgment by the 14-day minimum notice period specified in Rule 56.02.
Amendment History
- (Amended effective July 1, 2018.)
- (Amended July 1, 2018.)
- (Amended effective July 1, 2018.)
- (Amended effective July 1, 2018.)
- (Amended effective July 1, 2018.)
- (Amended effective July 1, 2018.)
- (Amended effective July 1, 2018.)
- (Amended effective July 1, 2018.)
Plain-English Summary
Summary judgment lets a party skip trial on a claim, a defense, or even part of one, by showing the court that no genuine issue of material fact exists and that the party is entitled to win as a matter of law. Rule 56 requires the court to state, either on the record or in writing, its reasons for granting or denying the motion. Timing matters: the motion has to be served at least 14 days before the hearing, following the scheduling requirements of the General Rules of Practice, and unless the court orders otherwise, a party cannot file a summary judgment motion more than 30 days after discovery closes.
To win, the moving party has to point to specific parts of the record, such as depositions, documents, electronically stored information, affidavits, admissions, or interrogatory answers, or show that the other side’s cited material does not establish a factual dispute, or that the opposing party cannot produce admissible evidence to back up a fact. The other side can object that material cited to support a fact could not be presented in admissible form. Any affidavit used has to be based on personal knowledge, contain facts that would be admissible in evidence, and show the person signing it is competent to testify about those matters. The court only has to consider the materials the parties cite, though it may look at other parts of the record too.
If a party opposing summary judgment cannot yet present facts essential to its opposition, it can explain why by affidavit, and the court may defer ruling, deny the motion, allow more time for discovery, or issue some other order. If a party fails to properly support or dispute a fact, the court has several options, including treating the fact as undisputed or granting summary judgment outright. The court can even grant summary judgment for the non-moving party, grant it on grounds nobody raised, or raise the possibility on its own, as long as it gives notice and a reasonable chance to respond first. If a court denies part of the relief requested, it can still enter an order establishing that certain facts are not in dispute. Finally, if a court finds that an affidavit was submitted in bad faith or purely to cause delay, it can order the offending party to pay the other side’s reasonable expenses, including attorney’s fees, and may impose contempt or other sanctions.
Frequently Asked Questions
What does a party have to show to win summary judgment in Minnesota?
The movant must show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law, and the court must state its reasons for granting or denying the motion.
Is there a deadline for filing a summary judgment motion?
The motion must be served at least 14 days before the hearing, and unless the court orders otherwise, it cannot be filed more than 30 days after the close of all discovery.
What if I need more time or discovery to respond to a summary judgment motion?
If you show by affidavit that you cannot yet present facts essential to your opposition, the court may defer considering the motion, deny it, allow time to obtain affidavits or take discovery, or issue another appropriate order.
What happens if I do not properly support or dispute a fact in my summary judgment papers?
The court may give you a chance to fix it, treat the fact as undisputed, grant summary judgment if the record shows the movant is entitled to it, or issue some other appropriate order.
Can the court grant summary judgment for the side that did not ask for it?
Yes, after giving notice and a reasonable time to respond, the court may grant summary judgment for a nonmovant, grant the motion on grounds not raised by a party, or consider summary judgment on its own initiative.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 56). 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: summary judgment
Advisory Committee Comment--1993 Amendments
The amendment to Rule 56.01 is intended to correct a typographical or grammatical error in the existing rule. No change in meaning or interpretation is intended.