Rule 115.04 - Nondispositive Motions(a) Service by Moving Party. No motion shall be heard until the moving party pays any required motion filing fee, serves the following documents on all opposing counsel and self-represented litigants and files the documents with the court administrator at least 21 days before the hearing: (1) Notice of motion and motion; (3) Any affidavits and exhibits to be submitted in conjunction with the motion; and(4) Any memorandum of law the party intends to submit. (b) Response to Motion. The party responding to the motion shall serve the following documents on all opposing counsel and self-represented litigants and file the documents with the court administrator at least 14 days before the hearing: (1) Any memorandum of law the party intends to submit; and(2) Any relevant affidavits and exhibits. (c) Reply Memoranda. The moving party may submit a reply memorandum, limited to new legal or factual matters raised by an opposing party's response to a motion, by serving it on all opposing counsel and self-represented litigants and filing it with the court administrator at least 7 days before the hearing. (d) Expedited, Informal Non-Dispositive Motion Process. The moving party is encouraged to consider whether the motion can be informally resolved through a telephone conference with the judge or judicial officer. The moving party may invoke this informal resolution process by written notice to the court and all opposing counsel and self-represented litigants. The moving party must also contact the appropriate court administrative or judicial staff to schedule a phone conference. The parties may (but are not required to) submit short letters, with or without a limited number of documents attached (no briefs, declarations or sworn affidavits are to be filed), prior to the conference to set forth their respective positions. The court may, in its discretion, direct the manner of submission of the letters. The court will read the written submissions of the parties before the phone conference, hear arguments of counsel and self-represented litigants at the conference, and issue its decision at the conclusion of the phone conference or shortly after the conference. Depending on the nature of the dispute, the court may or may not issue a written order. The court may also determine that the dispute must be presented to the court via formal motion and hearing. Telephone conferences will not be recorded or transcribed.
Minn. Gen. R. Prac. 115.04
Amended effective 7/1/2015; amended effective 1/1/2020.