RULE 23; CLASS ACTIONS
Rule 66. Receivers
- 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
- FED RULE 12(b)(6)
41.01 Voluntary Dismissal; Effect Thereof
- 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.
- 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
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.
- MOTION TO DISMISS
FOR FAILURE TO PROSECUTE
- MOTION TO DISMISS
FOR CAUSE OF ADMINISTRATIVE
MISCONDUCT & GROSS
- MOTION TO DISMISS
FOR CAUSE OF GROSS ERROR
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
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)
- FINDINGS OF FACT
CONCLUSIONS OF LAW
- WITHOUT THEM;
THERE IS NOTHING TO APPEAL
- WITHOUT THEM;
THERE ISN'T REALLY ANY ORDER
- CONSTITUTE THE GROUNDS
FACTS & LAW SECTION
OF YOUR LEGAL MEMORANDUM
IN SUPPORT OF YOUR MOTION
- MN RCP 12 Defenses & Objections; When and How Presented; By Pleading or Motion; Motion for
- RULE 12 MOTION FOR DISMISSAL
- FED Rule 12 DEFENSES & OBJECTIONS.pdf
- FROM RULE 81: RULES SUPERSCEDED
BY THESE STATUTES
- MN RCP 56 Summary Judgment.pdf
- RULE 56 MOTION FOR SUMMARY JUDGMENT
- Rule 56 SUMMARY JUDGMENT.pdf
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.
UNLESS THE COURT SPECIFIES OTHERWISE IN ITS ORDER
- A RULE 41 DISMISSAL
operates as an adjudication upon the merits.
WITH THE EXCEPTION OF:
- MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
(OR OTHER JURISDICTIONAL ISSUES)
MOTION TO DISMISS
FORUM NON CONVENIENS
- 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
The relative burdens on the court systems
The plaintiff's choice of forum
How changing the forum would affect each party's case
MOTION TO DISMISS FOR FAILURE TO JOIN A PARTY INDESPENSIBLE
- FEDERAL RULE 19 Joinder of Parties.pdf
- MN RCP 19 Joinder of Persons Needed for Just Adjudication.pdf
41.03 Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim
- 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
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.
- ATTORNEYS FEES MUST BE CLAIMED PER STATUTE
(Amended effective January 1, 2006.)
Advisory Committee Comment--1993 Amendments
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.
- Chapter 484. District Courts
- 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.
- RIGHT TO DISMISS
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