Tag Archives: Summary Judgment – The Morning 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

 

 

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PARTIAL SUMMARY JUDGMENT – RULE 54.02 (10-21)

After Issuing A Partial Summary Judgment Order, In Which You Dismiss Some But Not All Of The Claims and/or Parties To A Lawsuit, The Court Should Ask Itself The Following Question. Does The Court Want The Losing Party To Have The Right To Immediately Appeal The Partial Summary Judgment Order, Or Should The Losing Party Have To Wait Until The End Of The Case, After All Claims Have Been Resolved and a Final Judgment Has Been Entered, Before Filing An Appeal?

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Pendleton10.21-Partial_Summary_Judgement-Rule_54.02