Rule 41. Dismissal of Actions

RULE 23; CLASS ACTIONS
1. Rule 66. Receivers
  1. An action wherein a receiver has been appointed shall not be dismissed except by order of the court. A foreign receiver shall have capacity to sue in any district court, but the receiver’s rights are subordinate to those of local creditors. The practice in the administration of estates by the court shall be in accordance with Minnesota Statutes, chapter 576 and with the practice heretofore followed in the courts of this state or as provided in rules promulgated by the district courts. In all other respects, the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by these rules.
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
1. FED RULE 12(b)(6)
41.01 Voluntary Dismissal; Effect Thereof
1. 41.01(a) By Plaintiff by Stipulation. Subject to the provisions of Rules 23.05, 23.09 and 66, an action may be dismissed by the plaintiff without order of court (1) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (2) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
2. 41.01(b) By Order of Court. Except as provided in clause (a) of this rule, an action shall not be dismissed at the plaintiff’s instance except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim may remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal herein is without prejudice.
41.02 Involuntary Dismissal; Effect Thereof
1. 41.02(a) The court may upon its own initiative, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court.
  1. MOTION TO DISMISS FOR FAILURE TO PROSECUTE
  2. MOTION TO DISMISS FOR CAUSE OF ADMINISTRATIVE MISCONDUCT & GROSS PROCEDURAL VIOLATIONS
  3. MOTION TO DISMISS FOR CAUSE OF GROSS ERROR
2. 41.02(b) After the plaintiff has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law, the plaintiff has shown no right to relief. In an action tried by the court without a jury, the court as trier of the fact may then determine the facts and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52.01.
  1. 52.01 Effect In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds for its action. Requests for findings are not necessary for purposes of review. Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The findings of a referee, to the extent adopted by the court, shall be considered as the findings of the court. It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the evidence or appear in an opinion or memorandum of decision filed by the court or in an accompanying memorandum. Findings of fact and conclusions of law are unnecessary on decisions on motions pursuant to Rule 12 or 56 or any other motion except as provided in Rules 23.08(c) and 41.02.
    1. FINDINGS OF FACT & CONCLUSIONS OF LAW
    2. WITHOUT THEM; THERE IS NOTHING TO APPEAL
    3. WITHOUT THEM; THERE ISN'T REALLY ANY ORDER
    4. CONSTITUTE THE GROUNDS (LEGAL BASIS) FACTS & LAW SECTION OF YOUR LEGAL MEMORANDUM IN SUPPORT OF YOUR MOTION
    5. MN RCP 12 Defenses & Objections; When and How Presented; By Pleading or Motion; Motion for
    6. RULE 12 MOTION FOR DISMISSAL
    7. FED Rule 12 DEFENSES & OBJECTIONS.pdf
    8. FROM RULE 81: RULES SUPERSCEDED BY THESE STATUTES
    9. MN RCP 56 Summary Judgment.pdf
    10. RULE 56 MOTION FOR SUMMARY JUDGMENT
    11. Rule 56 SUMMARY JUDGMENT.pdf
3. 41.02(c) Unless the court specifies otherwise in its order, a dismissal pursuant to this rule and any dismissal not provided for in this rule or in Rule 41.01, other than a dismissal for lack of jurisdiction, for forum non conveniens, or for failure to join a party indispensable pursuant to Rule 19, operates as an adjudication upon the merits.
  1. UNLESS THE COURT SPECIFIES OTHERWISE IN ITS ORDER
    1. A RULE 41 DISMISSAL operates as an adjudication upon the merits. WITH THE EXCEPTION OF:
  2. MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (OR OTHER JURISDICTIONAL ISSUES)
  3. MOTION TO DISMISS FORUM NON CONVENIENS
    1. Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from refiling his or her case in the m ore appropriate forum. See Res Judicata. This doctrine may be invoked by either the defendant, or by the court. See sua sponte. When determining whether or not to exercise forum non conveniens, courts consider several factors, including: The residence of the parties The location of evidence and witnesses Public policy The relative burdens on the court systems The plaintiff's choice of forum How changing the forum would affect each party's case
  4. MOTION TO DISMISS FOR FAILURE TO JOIN A PARTY INDESPENSIBLE
    1. FEDERAL RULE 19 Joinder of Parties.pdf
    2. MN RCP 19 Joinder of Persons Needed for Just Adjudication.pdf
41.03 Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim
1. 41.03 Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim The provisions of Rules 41.01 and 41.02 apply to the dismissal of any counterclaim, cross-claim, or third-party claim.
41.04 Costs of Previously Dismissed Action
1. 41.04 Costs of Previously Dismissed Action If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.
  1. ATTORNEYS FEES MUST BE CLAIMED PER STATUTE
(Amended effective January 1, 2006.) Advisory Committee Comment--1993 Amendments
1. The amendment to this rule is made to conform the rule to its counterpart in the Federal Rules of Civil Procedure, Fed. R. Civ. P. 41(a)(1). The existing rule in Minnesota seems to the committee archaic, establishing time requirements on the commencement of terms of court. Since 1977, Minnesota trial courts have had continuous terms. Minnesota Statutes, section 484.08 (1992). The former rule has permitted parties to dismiss claims without prejudice even after extensive discovery or other pretrial proceedings have taken place. Dismissal without prejudice has also been possible after the trial court has issued orders on preliminary matters. The right to dismiss on the eve of trial has prejudiced defendants or has required courts to consider motions to deny a plaintiff the right to dismiss without prejudice. The committee is of the opinion that the right to dismiss without prejudice ought to be limited to a fairly short period after commencement of the action when prejudice to opponents is likely to be minimal. The Advisory Committee considered recommending a change to Rule 53 to make express provision for the use of referees in alternative dispute resolution and settlement proceedings, but has concluded that amendment of the rule is not necessary inasmuch as the rule now permits use of referees for this purpose in limited appropriate circumstances. The Advisory Committee is also mindful that the Minnesota Supreme Court Alternative Dispute Resolution Implementation Committee has recently submitted its Final Report dated August 25, 1993. The Advisory Committee is of the opinion that that Report can be considered independently of the recommendations of this committee. The committee also believes that if more specific and comprehensive rules on the use of referees in alternative dispute resolution are advisable, such rules might better be incorporated in Rules for Alternative Dispute Resolution. Advisory Committee Comment—2006 Amendment Rule 41.01(a) is amended to renumber one of the rule cross-references to reflect the amendment and renumbering of Rule 23 as part of the amendments effective January 1, 2006.
  1. Chapter 484. District Courts https://www.revisor.mn.gov/statutes/?id=484
  2. 484.08 DISTRICT COURTS TO BE OPEN AT ALL TIMES; TERMS. The district courts of the state shall be deemed open at all times, except on legal holidays and Sundays. The terms of the district courts shall be continuous.
  3. RIGHT TO DISMISS WITHOUT PREJUDICE
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