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Minnesota Answer to a Complaint

Minnesota gives you 21 calendar days to serve an answer under Minn. R. Civ. P. 12.01. The clock runs from service, often before the case is even filed.

Introduction

A Minnesota Answer to a Complaint is the written response you prepare after you are served with a summons and complaint in a civil case. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Minnesota works differently from most states. Under Minn. R. Civ. P. 3.01 a civil action is commenced when the summons is served on the defendant, not when papers are filed with the court, so under what is called pocket filing the plaintiff can sue you before anything reaches the court. Under Minn. R. Civ. P. 12.01 you must serve your answer within 21 days after the summons is served on you, and you serve that answer on the plaintiff, often before the case is even filed with the District Court. There is no required statewide answer form. You can use the optional CIV302 form (Answer or Answer and Counterclaim) or type your answer as a pleading on a caption that complies with Minn. R. Civ. P. 10.01. If you fail to plead within the time allowed, judgment by default may be entered against you under Minn. R. Civ. P. 55.01. DocDraft drafts a Minnesota-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your clock runs from service, not filing. Under Minn. R. Civ. P. 12.01 you must serve your answer within 21 calendar days after the summons is served on you. Because Minn. R. Civ. P. 3.01 commences the action by service, you may have to answer before the case is ever filed with the court, a practice known as pocket filing.

  2. 2

    You serve the answer on the plaintiff. Unlike most states, your answer is served on the plaintiff or the plaintiff's attorney, not filed with the clerk first. You serve it by mail, personal delivery, or e-service if you opted in, under Minn. R. Civ. P. 5.02, and keep proof of service.

  3. 3

    There is no required answer form. Minnesota has no mandatory statewide answer form. You can use the optional CIV302 form (Answer or Answer and Counterclaim), recommended for self-represented litigants, or type your answer as a pleading on a caption that complies with Minn. R. Civ. P. 10.01.

  4. 4

    Conciliation Court has no written answer. In small claims, heard in Conciliation Court for amounts up to $15,000 (or $4,000 in consumer credit cases), no written answer is permitted under Minn. Gen. R. Prac. 508(b). The summons requires you to appear at the trial on the date stated, and default may be entered if you do not appear.

  5. 5

    An eviction case has no separate written answer. In an eviction (unlawful detainer), under Minn. Stat. 504B.321 the summons commands you to appear before the court on the hearing date, set not less than 7 nor more than 14 days after the summons issues (5 to 7 days if expedited). You defend by appearing, not by filing a paper answer to avoid default.

  6. 6

    There is a filing fee, with a waiver. When the case is filed, the first-paper fee is about $310 plus a county law library fee, typically $320 to $325 total. If you cannot afford it, request a waiver on form IFP101 based on income at or below 125 percent of the federal poverty level, receipt of public assistance, or inability to pay.

  7. 7

    A related claim may be compulsory. Under Minn. R. Civ. P. 13.01 a counterclaim is compulsory if it arises out of the transaction that is the subject of the plaintiff's claim and does not require third parties. The statute of limitations on a written contract is six years under Minn. Stat. 541.05, a frequent defense in debt cases.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[PLAINTIFF NAME], Plaintiff, v. Court File No. [FILE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER [AND COUNTERCLAIM]

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows. (You may use the optional CIV302 form instead of this pleading. Serve this answer on the Plaintiff within 21 days after the summons was served on you, under Minn. R. Civ. P. 12.01.)

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks knowledge or information sufficient to form a belief and on that basis denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks knowledge or information sufficient to form a belief] the allegations. [Continue for each numbered paragraph of the Complaint. Any allegation not specifically admitted is denied.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under Minn. Stat. 541.05; payment; accord and satisfaction; fraud; estoppel; statute of frauds; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Minn. R. Civ. P. 13.01 a counterclaim arising out of the transaction that is the subject of the Plaintiff's claim is compulsory and should be raised with this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court deny the relief sought in the Complaint, dismiss the Plaintiff's claims, award Defendant's costs, and grant any further relief the Court deems just.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Defendant, Self-Represented [ADDRESS / PHONE / EMAIL]

ACKNOWLEDGMENT UNDER MINN. STAT. 549.211 The undersigned acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded under Minn. Stat. 549.211 to the opposing party if the court finds this document was made in violation of that statute. [SIGNATURE]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [mail / personal delivery / e-service] under Minn. R. Civ. P. 5.02. [SIGNATURE]

Minnesota Requirements for Answer to a Complaint

21-Day Answer Deadline From Service

In a general civil case you must serve your answer within 21 calendar days after the summons is served on you, under Minn. R. Civ. P. 12.01. Because Minn. R. Civ. P. 3.01 commences the action by service, this clock can run before the case is filed with the court (pocket filing), and you serve the answer on the plaintiff, not the clerk.

CIV302 Form or Compliant Pleading

Minnesota has no required statewide answer form. Use the optional CIV302 form (Answer or Answer and Counterclaim), recommended for self-represented litigants, or type your answer as a pleading on a caption that complies with Minn. R. Civ. P. 10.01.

District Court Caption

Caption the answer for the District Court in the county named in the summons under Minn. R. Civ. P. 10.01, identifying the state and county, the judicial district, the parties' names, the court file number once assigned, and the title Answer or Answer and Counterclaim.

Serve a Copy on the Plaintiff

Serve a copy of your answer on the plaintiff or the plaintiff's attorney under Minn. R. Civ. P. 5.02, by mail, personal delivery, or e-service if you opted in, and keep proof of service. In Minnesota you serve the plaintiff first because the case may not yet be filed with the court.

File With the District Court Administrator

When the case is filed, file your answer with the Court Administrator of the District Court in the county named in the summons under Minn. Gen. R. Prac. 14.01. E-filing is mandatory for attorneys and optional for self-represented litigants.

Filing Fee or IFP101 Waiver

When the case is filed, the first-paper fee is about $310 plus a county law library fee, typically $320 to $325 total. If you cannot afford it, file form IFP101 (Affidavit for Proceeding In Forma Pauperis), based on income at or below 125 percent of the federal poverty level, receipt of public assistance, or inability to pay.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, accord and satisfaction, fraud, estoppel, statute of frauds, duress, or waiver. The statute of limitations on a written contract is six years under Minn. Stat. 541.05.

Compulsory Counterclaim If Any

Under Minn. R. Civ. P. 13.01, a counterclaim that arises out of the transaction that is the subject matter of the plaintiff's claim and does not require third parties the court cannot reach is compulsory and should be raised with your answer, or you can lose the right to bring it later.

Frequently Asked Questions

In a general civil case, Minn. R. Civ. P. 12.01 requires you to serve your answer within 21 calendar days after the summons is served on you. Because a Minnesota action is commenced by service under Minn. R. Civ. P. 3.01, that 21-day clock can run before the case is even filed with the court, and you serve the answer on the plaintiff. The deadline differs in other tracks. Conciliation Court (small claims) permits no written answer because you appear at the trial on the date in the summons under Minn. Gen. R. Prac. 508(b), and an eviction case sets a court appearance 7 to 14 days out under Minn. Stat. 504B.321. Missing your deadline can lead to a default judgment.

Minnesota has no required statewide answer form. You can use the optional CIV302 form (Answer or Answer and Counterclaim), which the courts recommend for self-represented litigants, or you can type your answer as a pleading on a caption that complies with Minn. R. Civ. P. 10.01. The caption identifies the District Court and county, the parties, the file number once one is assigned, and the title of the document.

In Minnesota you first serve the answer on the plaintiff or the plaintiff's attorney, because the case may not yet be filed with the court. When the case is filed, you file your answer with the Court Administrator of the District Court in the county named in the summons under Minn. Gen. R. Prac. 14.01. E-filing is mandatory for attorneys and optional for self-represented litigants.

When the case is filed, the first-paper fee is about $310 plus a county law library fee, typically $320 to $325 total. If you cannot afford it, you can ask the court to waive it by filing form IFP101, the Affidavit for Proceeding In Forma Pauperis. Eligibility is based on income at or below 125 percent of the federal poverty level, receipt of public assistance, or inability to pay.

Under Minn. R. Civ. P. 55.01, when a party who is sued fails to plead or otherwise defend within the time allowed, judgment by default may be entered against that party. You may be able to set the judgment aside by filing a Motion for Relief from a Judgment or Order within a reasonable time, but no more than one year, under Minn. R. Civ. P. 60.02, by showing mistake, inadvertence, surprise, or excusable neglect. The reliable path is to serve your answer on time.

Yes, and you may be required to. Under Minn. R. Civ. P. 13.01, a counterclaim is compulsory if it arises out of the transaction that is the subject matter of the plaintiff's claim and does not require third parties the court cannot reach. A compulsory counterclaim should be raised with your answer or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.