Principle 56

Let's keep your finances simple. Insure what you have. Invest when you're ready. Retire with confidence. Resolving Daubert Challenges. Rule 56 - Motions for Summary Judgment. Defendants have learned to serve Daubert motions in tandem with motions for summary judgment. The usual judicial reflex is to go ahead and adjudicate the Daubert issues as they pertain to summary judgment, but it is worth noting that no rule requires the district courts to do so.

56.03Procedures

(a)Supporting Factual Positions.

A party asserting that there is no genuine issue as to any material fact must support the assertion by:

(1) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or

(2) showing that the materials cited do not establish the absence or presence of a genuine issue for trial, or that an adverse party cannot produce admissible evidence to support the fact.

(b)Objection That a Fact is Not Supported by Admissible Evidence.

A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.

(c)Materials Not Cited.

Heisenberg Principle 56

The court need consider only the cited materials, but it may consider other materials in the record. Bushido blade online.

(d)Affidavits.

Time To Respond Motion For Summary Judgment

An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated.

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Advisory Committee Comment - 1993 Amendment

The amendment to Rule 56.03 is intended to make clear the relationship between this rule and Minn. Gen. R. Prac. 115. Rule 56.03 includes a strict ten-day notice requirement before a summary judgment motion may be heard. This minimum notice period is mandatory unless waived by the parties. See McAllister v. Independent School District No. 306, 276 Minn. 549, 149 N.W.2d 81 (1967). The rule is intended to provide protection before claims or defenses are summarily determined by requiring a minimum of ten days' notice.