Standards of Review
The Minnesota Court of Appeals has created a very useful document (which it regularly updates) which identifies standards of appellate review for different kinds of trial court orders, including summary judgment and dismissal actions.
This document is available from the state law library as a PDF. Search for the section on "Standards of Review", on the left-hand-side column. The document is also available as a Word Document on the Minnesota Court of Appeals' website.
Pirsig on Minnesota Pleading
This treatise contains sample pleadings commonly used in Minnesota. Has a chapter on summary judgment, which includes some sample forms, and an overview of summary judgment (with references to cases), supported documentation needed in making such a motion, responses to summary judgment motions, etc. Also has subsections covering motions to dismiss.
Minnesota Civil Practice
This treatise includes a subsection on summary judgment within chapter on Dismissals and Judgments Short of Trial; Rule 41 Motions to Dismiss are also covered in here. For Rule 12 motions to dismiss, you’ll want to look at the chapter on Defendant’s Pleading or Response. The discussion on summary judgment includes forms, history, test for granting summary judgment, etc.
Trial Practice & Procedure in MN
This is a 2007 resource from Minnesota Continuing Legal Education (the full title is "Trial practice and procedure in Minnesota state court : how to litigate the civil case"). It contains a chapter on “Dismissals, Motions to Dismiss, Motions for Summary Judgment,” which is authored by Michael L. Weiner. It's a quick and easy reference for summary judgment and dismissal motions, what they are, what the standards are, who may bring such motions, the timing of the motions, etc.
This resource is available in print, and electronically from Minnesota CLE (contact reference desk for information on how to obtain login code for William Mitchell). From the home page, click the "Online Library - Search for free" button, and then do a search for "summary judgment" in the "search by keyword in chapter body." This title should be the first hit of many chapters. Feel free to look at the other results, as well!
Dunnell Minnesota Digest
This resource (subtitled, "An encyclopedia of Minnesota law") is an encyclopedia of legal topics and their treatment in Minnesota; it also includes references to cases (hence the “digest” part of the title). Summary judgment is included under the “Judgments” topic, and consists of a good description of the motion as compared with other judgment motions, the affidavits necessary to include in such a motion, when and how to use such a motion, and how such motions are treated on appeal. Motions to dismiss can be found primarily under the “Pleadings,” “Dismissal,” and “Appeal and Error” topics.
This resource is available in print, in the reference collection, and on Lexis Nexis (start typing "Dunnell" in the search box, "Dunnell Minnesota Digest" will pop up under the search box. You can then browse the table of contents, make Dunnell a filter to search only in it, or click on "Get Documents" and then search within those results).
Minnesota Practice Series
Minnesota Practice Series is a multi-volume West product that summarizes several different areas of Minnesota law. The library owns two copies of this series, both located in the reference section. These titles can also be found on WestlawNext (start typing "Minnesota Practice" in the search box, and when the title pops up under the search box, click on the title - then you can search in all of the Minnesota Practice Series, or you can select the particular volume of Minnesota Practice you want to search).
Several of the individual titles in the series relate to civil procedure, and thus cover summary judgment (Rule 56) and motions to dismiss (Rules 12 and 41).
Minnesota Digest is a finding tool, organized by topics, that can lead to Minnesota case law about the topic. In the Descriptive Word Index (DWI), you’ll see that Summary Judgment is covered by many topics within the Digest. You will need to decide which topic best meets your research needs.
This resource is available in the library in the reference collection. You may also access the key number system on WestlawNext under the "Tools" tab. There you can search for “summary judgment” or “motion to dismiss” within Minnesota or other jurisdictions.
Search the Catalog
Suggested Subject Searches:
The following subject searches may be more productive than a keyword search:
Motions (Law) -- Minnesota
Pre-trial procedure -- Minnesota
Civil procedure -- Minnesota
Slides from Motion Practice Presentation
Attached is the PowerPoint from the Motion Practice Research presentation the William Mitchell Reference Librarians gave in the Week 6 section class.
Database Access Info
Some resources in this guide are William Mitchell College of Law licensed databases. These are available to students, faculty, and staff either with a network login or individual password. Many of them are also available to the public from the computers in the library, as well as through computers signed into the college's wireless network.
Westlaw, LexisNexis, and Bloomberg Law are subscription services that require users to have individual user accounts for access.