Free MN Bar Pleadings and Motions Questions and Answers — Questions and Answers
Question 1: When is a "motion to strike" used in Minnesota civil procedure?
- To remove certain allegations or parts of a pleading that are improper or irrelevant (Correct answer)
- To request a summary judgment
- To compel a party to answer interrogatories
- To amend a pleading
Correct answer: To remove certain allegations or parts of a pleading that are improper or irrelevant
In Minnesota civil procedure, a motion to strike is used to challenge and remove specific portions of an opposing party's pleading. This motion is typically filed when a pleading contains redundant, immaterial, impertinent, or scandalous matter, or insufficient defense. Its purpose is to streamline the issues and ensure that only relevant and proper allegations remain in the court record.
Question 2: What is the purpose of a "motion for judgment on the pleadings"?
- To request a judgment based solely on the arguments presented in the pleadings (Correct answer)
- To challenge the sufficiency of the evidence presented
- To seek a change in venue
- To compel discovery responses
Correct answer: To request a judgment based solely on the arguments presented in the pleadings
A motion for judgment on the pleadings is filed after the pleadings (complaint, answer, counterclaim, etc.) are closed, but before discovery or trial. It asks the court to rule in favor of the moving party because, even assuming all factual allegations in the non-moving party's pleadings are true, the law clearly dictates a particular outcome. The court considers only the facts alleged in the pleadings and any attached exhibits.
Question 3: What is the standard for granting a "motion for a new trial" in Minnesota?
- Evidence that was not presented at the original trial
- An error of law or a significant procedural error affecting the outcome (Correct answer)
- A change in the judge
- New witnesses that were not previously available
Correct answer: An error of law or a significant procedural error affecting the outcome
In Minnesota, a motion for a new trial is granted when there has been a serious flaw in the original trial proceedings that likely prejudiced the outcome. This includes errors of law made by the court, misconduct by the jury or opposing counsel, or a verdict that is not justified by the evidence or is contrary to law. The purpose is to rectify substantial injustices that occurred during the trial.
Question 4: When can a party file a "motion for summary judgment" in Minnesota?
- At any time before trial
- Only after the trial has begun
- After the pleadings are closed but before trial (Correct answer)
- Only if the case is settled
Correct answer: After the pleadings are closed but before trial
A motion for summary judgment can be filed by either party after the pleadings have been exchanged and typically after discovery has provided sufficient information, but before the trial commences. This motion asserts that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. It aims to resolve cases without a full trial when the facts are undisputed.
Question 5: What is the function of a "motion to compel" in civil litigation?
- To request a judgment based on the pleadings
- To force a party to comply with a discovery request (Correct answer)
- To change the venue of the case
- To dismiss a claim
Correct answer: To force a party to comply with a discovery request
A motion to compel is a procedural tool used in civil litigation when one party fails to respond adequately to discovery requests, such as interrogatories, requests for production of documents, or requests for admission. The moving party asks the court to order the non-compliant party to provide the requested information or documents. This ensures that all parties have access to relevant information for trial preparation.
Free MN Bar Pleadings and Motions Questions and Answers
When is a "motion to strike" used in Minnesota civil procedure?