STATE OF MINNESOTA

DISTRICT COURT

[___] JUDICIAL DISTRICT

COUNTY OF [COUNTY]

Court File No. [XX-CV-YY-ZZZZ]

[PLAINTIFF NAME],
  Plaintiff,
v.
[DEFENDANT NAME],
  Defendant.

NOTICE OF MOTION AND MOTION

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

[// GUIDANCE: Attach this Notice as the cover sheet to the supporting papers (memorandum, Rule 56.03 Statement, affidavits, and proposed order).]

1. PLEASE TAKE NOTICE that on __[DATE]__ at __[TIME]__ a.m./p.m., or as soon thereafter as counsel may be heard, before the Honorable [NAME OF JUDGE] in Courtroom [NO.] of the above-entitled Court located at [COURTHOUSE ADDRESS], Plaintiff [PLAINTIFF NAME] (“Movant”) will move the Court for an Order granting summary judgment in Movant’s favor under Minn. R. Civ. P. 56.

2. RELIEF REQUESTED
   a. Dismissal of all claims asserted by Defendant with prejudice;
   b. Entry of judgment in favor of Movant on Movant’s claims as set forth in the Complaint; and
   c. Such other and further relief the Court deems just and equitable.

3. BASIS FOR MOTION
   a. There is no genuine issue as to any material fact and Movant is entitled to judgment as a matter of law. Minn. R. Civ. P. 56.01.
   b. The material facts are established by the pleadings, sworn affidavits, deposition excerpts, and documentary evidence submitted herewith. Minn. R. Civ. P. 56.03–.05.
   c. The accompanying Memorandum of Law and Rule 56.03 Statement of Undisputed Material Facts set forth the factual and legal grounds.

4. SUPPORTING DOCUMENTS
   • Memorandum of Law in Support of Plaintiff’s Motion for Summary Judgment
   • Plaintiff’s Rule 56.03 Statement of Undisputed Material Facts
   • Affidavit of [NAME] with Exhibits A–☐
   • [Additional Affidavits or Exhibits]
   • Certificate of Word Count Compliance (Minn. Gen. R. Prac. 115.05(c))
   • Certificate of Service
   • Proposed Order

Dated: [DATE]

Respectfully submitted,
__________________________________
[ATTORNEY NAME], # [BAR NO.]
[LAW FIRM]
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for Plaintiff [PLAINTIFF NAME]

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

[// GUIDANCE: The Memorandum is subject to a 35-page limit under Minn. Gen. R. Prac. 115.05(b). The template below assumes ⩽35 pages when fully drafted.]

Table of Contents

1. Introduction ............................................... [1]
2. Definitions .................................................. [2]
3. Procedural Posture .......................................... [3]
4. Statement of Undisputed Material Facts ...................... [4]
5. Legal Standard .............................................. [5]
6. Argument .................................................... [6]
   6.1 Claim One – Breach of Contract ........................... [6]
   6.2 Claim Two – Account Stated ............................... [7]
   6.3 Affirmative Defenses Fail as a Matter of Law ............ [8]
7. Conclusion & Requested Relief ............................... [9]
8. Word Count Compliance Certificate ........................... [10]

(Page numbers are for counsel’s convenience and should be updated before filing.)

1. Introduction

[Provide a concise overview (1–2 paragraphs) explaining why, on the undisputed facts, Plaintiff prevails as a matter of law.]

2. Definitions

For ease of reference the following terms have the meanings indicated below. Capitalized terms used but not defined herein have the meanings assigned in other pleadings.

“Movant” means Plaintiff [PLAINTIFF NAME].
“Respondent” means Defendant [DEFENDANT NAME].
“Court” means the above-captioned Minnesota District Court.
“Rule 56” means Minn. R. Civ. P. 56.

3. Procedural Posture

[Brief chronology of case: pleadings filed, discovery completed, dispositive-motion deadline (cite scheduling order), etc.]

4. Statement of Undisputed Material Facts

The Statement is provided in a separate document pursuant to Minn. R. Civ. P. 56.03. For the Court’s convenience, key facts are summarized below with record citations in parentheticals.

[// GUIDANCE: Mirroring the separate Rule 56.03 Statement here is optional. Do not add facts in the Memorandum that are absent from the formal Statement.]

5. Legal Standard

Under Minn. R. Civ. P. 56.01, summary judgment shall be granted when “there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” The burden-shifting framework and evidentiary standards set forth in Rule 56.03–.05 govern.

6. Argument

6.1 Claim One – Breach of Contract

1. Undisputed Fact 1 (Rule 56.03 Statement ¶ ☐).
2. Legal requirement (e.g., contract formation, performance, breach, damages).
3. Application of undisputed facts to legal elements.
4. Conclusion that Movant is entitled to judgment as a matter of law.

6.2 Claim Two – Account Stated

[Apply same structure: elements, undisputed facts, legal analysis, conclusion.]

6.3 Defendant’s Affirmative Defenses Fail as a Matter of Law

[Address each pleaded defense; show factual absence or legal insufficiency.]

7. Conclusion & Requested Relief

For the reasons set forth above, Movant respectfully requests that the Court grant summary judgment in Movant’s favor and enter the Proposed Order submitted herewith.

8. Word Count Compliance Certificate

I hereby certify that this Memorandum contains [___] words, exclusive of captions, tables, and signature blocks, in compliance with Minn. Gen. R. Prac. 115.05(c).

Dated: [DATE]
__________________________________
[ATTORNEY NAME]

PLAINTIFF’S RULE 56.03 STATEMENT OF UNDISPUTED MATERIAL FACTS

Pursuant to Minn. R. Civ. P. 56.03, Movant submits that the following material facts are undisputed. Each paragraph cites the specific part of the record establishing the fact.

1. [Fact] (Aff. of [A], Ex. 1).
2. [Fact] (Dep. of [B] 15:4-16).
3. [Continue numbering sequentially.]

[// GUIDANCE: Keep each fact to a single sentence where possible; avoid argument; pinpoint-cite.]

AFFIDAVIT OF [NAME]

STATE OF MINNESOTA )
         ) ss.
COUNTY OF [COUNTY] )

I, [NAME], being first duly sworn, state as follows:
1. I am [capacity/role]; I have personal knowledge of the facts herein.
2. Attached hereto as Exhibit A is a true and correct copy of [document].
3. [Continue with foundational testimony for each exhibit.]

FURTHER YOUR AFFIANT SAYETH NOT.

__________________________________
[NAME]

Subscribed and sworn to before me
this ___ day of [MONTH], 20___.
__________________________________
Notary Public

PROPOSED ORDER

STATE OF MINNESOTA
DISTRICT COURT ☐ JUDICIAL DISTRICT
COUNTY OF [COUNTY]
Court File No. [XX-CV-YY-ZZZZ]

[PLAINTIFF NAME],
 Plaintiff,
v.
[DEFENDANT NAME],
 Defendant.

The above-entitled matter came before the Court on the motion of Plaintiff for summary judgment pursuant to Minn. R. Civ. P. 56. Based upon all files, records, proceedings herein, and for the reasons set forth on the record,

IT IS ORDERED:

1. Plaintiff’s Motion for Summary Judgment is GRANTED in its entirety.
2. Judgment is entered in favor of Plaintiff and against Defendant in the amount of $[AMOUNT], together with prejudgment interest as allowed by law.
3. Defendant’s Counterclaims/Affirmative Defenses are DISMISSED with prejudice.
4. Plaintiff is awarded its taxable costs and disbursements pursuant to Minn. R. Civ. P. 54 and Minn. Stat. § [___].
5. The attached memorandum constitutes the Court’s findings of fact and conclusions of law as required by Minn. R. Civ. P. 52.01.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: ___________, 20___
BY THE COURT:

__________________________________
The Honorable [NAME OF JUDGE]
Judge of District Court

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served the foregoing:

• Notice of Motion and Motion
• Memorandum of Law
• Rule 56.03 Statement of Undisputed Material Facts
• Affidavit of [NAME] with Exhibits
• Proposed Order

upon all counsel of record via [e-service through the Minnesota eFiling System / U.S. Mail / personal service] as required by Minn. R. Civ. P. 5.02.

__________________________________
[NAME OF FILER]

[// GUIDANCE: Final Checklist]
• Verify dispositive-motion deadline in the Scheduling Order.
• Confirm hearing date with Court Administrator and include any required motion hearing data sheet.
• File/serve at least 28 days before hearing unless Scheduling Order provides otherwise. Minn. Gen. R. Prac. 115.03(a).
• Update pinpoint citations, exhibit labels, and page numbers.
• Retain proof of service for the record.