Category Archives: Summary Judgment – Day of Trial

ORDERING SUMMARY JUDGMENT “SUA SPONTE” THE MORNING OF TRIAL 14-01

QUESTION: Prior to commencement of a civil trial, during discussion between the court and counsel, the court determines that there are no material issues of fact for the court or jury to decide. Does the trial court have inherent authority to grant summary judgment on its own motion the day of trial without notice to the parties as required by Minnesota Rule of Civil Procedure 56.03?

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Pendleton Update 14-1