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Minnesota Motion to Dismiss

In Minnesota you move to dismiss under Minn. R. Civ. P. 12.02 within 21 days of service of the summons.

Introduction

In Minnesota the pre-answer challenge to a complaint is a motion to dismiss under Minn. R. Civ. P. 12.02, the rule Minnesota numbers with decimals rather than the federal 12(b) style. Rule 12.02 lists six defenses a defendant may raise by motion at the pleader's option instead of in the answer: (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim upon which relief can be granted, and (f) failure to join a party under Rule 19. The motion must be made before the responsive pleading and shares the answer window: a defendant has 21 days after service of the summons to answer or move, under Rule 12.01. Minnesota's distinctive mechanic is commencement by service, the so-called pocket filing under Rule 3.01: a civil action is commenced when the summons is served, not when papers are filed with the court, so the 21-day clock can run before the case appears on any court docket. A Rule 12.02(e) motion is a dispositive motion governed by Gen. R. Prac. 115, which requires a meet-and-confer, a proposed order, and a memorandum of law, all served and filed at least 28 days before the hearing. DocDraft drafts a Minnesota-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Minnesota's pre-answer challenge to a complaint is a motion to dismiss under Minn. R. Civ. P. 12.02. Minnesota numbers its rules with decimals, so the rule is 12.02 with subparts (a) through (f), not the federal 12(b) style. The failure-to-state-a-claim ground is Rule 12.02(e).

  2. 2

    Rule 12.02 lists six enumerated grounds the pleader may raise by motion: (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim upon which relief can be granted, and (f) failure to join a party under Rule 19.

  3. 3

    The motion is made before pleading and shares the answer window: a defendant serves an answer within 21 days after service of the summons unless the court directs otherwise, under Minn. R. Civ. P. 12.01. A Rule 12.02 motion making one of the listed defenses must be made before pleading if a further pleading is permitted.

  4. 4

    Minnesota commences a civil action by service, not by filing. Under Rule 3.01 a Minnesota lawsuit is commenced when the summons is served, the so-called pocket filing, so the 21-day window for serving the motion or answer can run from service even before the case is filed with the court.

  5. 5

    A Rule 12.02(e) motion to dismiss is a dispositive motion, so Minn. Gen. R. Prac. 115.10 requires the parties to confer in person, by telephone, or in writing in an attempt to resolve their differences before the motion is heard. No motion will be heard unless that conference has occurred.

  6. 6

    The most common ground is failure to state a claim upon which relief can be granted, which is Rule 12.02(e). It tests whether the complaint, taken as true, alleges facts that state a claim on which relief can be granted.

  7. 7

    You file in District Court, Minnesota's trial court of general jurisdiction, with the Court Administrator of the District Court in the county named in the summons. The dispositive-motion documents, including the proposed order and a memorandum of law capped at 35 pages, are served and filed at least 28 days before the hearing under Gen. R. Prac. 115.03(b) and 115.05.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

STATE OF MINNESOTA COUNTY OF [COUNTY]

DISTRICT COURT [JUDICIAL DISTRICT] JUDICIAL DISTRICT Case Type: [CASE TYPE] Court File No.: [CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

NOTICE OF MOTION AND MOTION TO DISMISS

[Minn. R. Civ. P. 12.02]

TO: PLAINTIFF [PLAINTIFF NAME] AND PLAINTIFF'S COUNSEL OF RECORD:

PLEASE TAKE NOTICE that on [HEARING DATE] at [HEARING TIME], or as soon thereafter as counsel may be heard, before the Honorable [JUDGE] at the [COUNTY] County District Court, [ADDRESS], Defendant [DEFENDANT NAME] will move the Court for an order dismissing the Complaint. This motion is a dispositive motion under Minn. Gen. R. Prac. 115.03 and is served and filed at least 28 days before the hearing.

MOTION

NOW COMES Defendant [DEFENDANT NAME], appearing [by counsel / self-represented], and pursuant to Minn. R. Civ. P. 12.02, moves the Court to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME]. This motion is made before pleading. In support of the motion, Defendant states the following:

GROUNDS FOR DISMISSAL

Defendant moves to dismiss the Complaint, and each claim for relief therein, on the following ground(s) under Minn. R. Civ. P. 12.02:

  1. Failure to state a claim upon which relief can be granted. (Minn. R. Civ. P. 12.02(e).)

[Add any additional applicable grounds from Rule 12.02: (a) lack of jurisdiction over the subject matter; (b) lack of jurisdiction over the person; (c) insufficiency of process; (d) insufficiency of service of process; (f) failure to join a party under Rule 19.]

MEMORANDUM OF LAW

I. INTRODUCTION This motion challenges the legal sufficiency of the Complaint. On a Rule 12.02(e) motion, the well-pleaded allegations of the Complaint are taken as true, and the question is whether those allegations state a claim upon which relief can be granted.

II. STATEMENT OF FACTS [Summarize the allegations of the Complaint as relevant to the grounds raised.]

III. ARGUMENT [State the legal basis for each ground. Argue why the Complaint fails to state a claim upon which relief can be granted and/or why any other Rule 12.02 ground applies.]

IV. CONCLUSION For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion to Dismiss.

[A memorandum of law shall not exceed 35 pages, exclusive of the recital of facts, under Minn. Gen. R. Prac. 115.05, except with permission of the court.]

Dated: [DATE]

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Attorney Registration No., if applicable] [Address] [Telephone] [Email] Attorney for Defendant / Defendant, self-represented

CERTIFICATE OF MEET-AND-CONFER

Pursuant to Minn. Gen. R. Prac. 115.10, the undersigned certifies that the parties conferred [in person / by telephone / in writing] in an attempt to resolve their differences before this motion was scheduled to be heard.

[NAME]

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing NOTICE OF MOTION AND MOTION TO DISMISS, the proposed order, any supporting affidavits, and this memorandum of law on the party or parties listed below by [method of service] on the date set forth below.

[PLAINTIFF / PLAINTIFF'S COUNSEL NAME AND ADDRESS]

Dated: [DATE]

[NAME OF PERSON SERVING]

[A proposed order is one of the required dispositive-motion documents under Minn. Gen. R. Prac. 115.03(b) and is served and filed with this motion. Check your District Court's local rules and the assigned judge's requirements for additional filing and scheduling details.]

Minnesota Requirements for Motion to Dismiss

Answer or move within 21 days of service

A defendant serves an answer within 21 days after service of the summons unless the court directs otherwise, under Minn. R. Civ. P. 12.01. A Rule 12.02 motion making one of the listed defenses is made before pleading if a further pleading is permitted.

Track the clock from service, not from filing

Minnesota commences a civil action by service of the summons, not by court filing, under the pocket-filing rule, Minn. R. Civ. P. 3.01. The 21-day window for serving the motion or answer can run from service even before the case is filed with the court.

File the dispositive-motion documents at least 28 days before the hearing

A Rule 12.02(e) motion to dismiss is dispositive, so the full document set under Minn. Gen. R. Prac. 115.03(b) is served and filed at least 28 days before the hearing: a notice of motion and motion, a proposed order, any affidavits and exhibits, and a memorandum of law.

Identify the grounds under Rule 12.02

Select grounds from the six enumerated in Minn. R. Civ. P. 12.02: (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim upon which relief can be granted, and (f) failure to join a party under Rule 19.

Raise failure to state a claim under Rule 12.02(e)

The failure-to-state-a-claim ground is subsection (e) of Minn. R. Civ. P. 12.02. It tests whether the well-pleaded allegations of the complaint, taken as true, state a claim upon which relief can be granted.

Complete the meet-and-confer before the hearing

Under Minn. Gen. R. Prac. 115.10, no motion will be heard unless the parties have conferred in person, by telephone, or in writing in an attempt to resolve their differences before the hearing.

Keep the memorandum of law within 35 pages

A memorandum of law submitted with a dispositive or nondispositive motion shall not exceed 35 pages, exclusive of the recital of facts, under Minn. Gen. R. Prac. 115.05, except with permission of the court. A memorandum of law is one of the required dispositive-motion documents under Gen. R. Prac. 115.03(b)(4).

File in District Court and serve with a proposed order

File with the Court Administrator of the District Court in the county named in the summons, Minnesota's trial court of general jurisdiction. A proposed order is one of the required dispositive-motion documents served and filed with the motion under Minn. Gen. R. Prac. 115.03(b)(2).

Frequently Asked Questions

In Minnesota you file a motion to dismiss under Minn. R. Civ. P. 12.02. The motion is made before the responsive pleading and raises one or more of six enumerated defenses at the pleader's option instead of in the answer. Because a Rule 12.02(e) motion is dispositive, you serve and file a notice of motion, a proposed order, any affidavits, and a memorandum of law with the District Court Administrator under Gen. R. Prac. 115.03(b).

A defendant serves an answer within 21 days after service of the summons unless the court directs otherwise, under Minn. R. Civ. P. 12.01, and a Rule 12.02 motion is made before pleading. Because Minnesota commences an action by service under Rule 3.01, the 21-day clock runs from service of the summons, which can occur before the case is filed with the court.

Minn. R. Civ. P. 12.02 controls, and how you raise the grounds decides whether you keep them. The decimal rule lists six: 12.02(a) subject-matter jurisdiction, (b) personal jurisdiction, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim, and (f) failure to join a party under Rule 19. Personal jurisdiction, process, and service defenses are waived if omitted from your first Rule 12 motion or responsive pleading, while subject-matter jurisdiction and 12.02(e) failure to state a claim are preserved.

Yes. Under Minn. Gen. R. Prac. 115.10, no motion will be heard unless the parties have conferred in person, by telephone, or in writing in an attempt to resolve their differences before the hearing. A Rule 12.02(e) motion to dismiss is a dispositive motion, so this conference requirement applies before the motion can be heard.

If the court denies the motion, the case proceeds and you file a responsive pleading. Minn. R. Civ. P. 12.01 sets the 21-day answer window measured from service of the summons, and the court may direct otherwise. Check the court's order denying the motion, which commonly sets the time to answer.

You file in District Court, Minnesota's trial court of general jurisdiction, with the Court Administrator of the District Court in the county named in the summons. For a dispositive Rule 12.02(e) motion, the documents under Gen. R. Prac. 115.03(b) are served and filed at least 28 days before the hearing, including a proposed order and a memorandum of law.