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Legal Topics: Motions

Statutes and Rules: (Additional statutes, rules & opinions may apply to your specific situation.)

  • Minnesota Statutes, §546.27, Index Topic Motions.
  • Court Rules.

    • The Fifth District's Glossary of Legal Terms defines a motion as:

    a written pleading, a request to the court or the judge, for a rule or an order directing something to be done in favor of the person requesting it. You must serve the opposing side with any motions you file. See Rules 7, 11, 12 and 56 of the Minnesota Rules of Civil Procedure, along with Rules 114 and 115 of the General Rules of Practice for the District Courts.

    Resources:

  • Family Court Motions - Settlement Rule & Form, from the Self-Help Center.
  • Filing a Motion in District Court, from the Second District (Ramsey County) courts.
  • Filing a Motion and Preparing for a Hearing in Family Court, from the Battered Women's Legal Advocacy Project.
  • How to File a Motion in Family Court (video), from the Self-Help Center.
  • "How-To" Video on How to File a Motion to Modify Child Support (Expedited Process), from the Self-Help Center.
  • McFarland, Douglas D. and William J. Keppel. Minnesota Civil Practice, 4th ed. (LexisNexis, 2008) Reserve Room KFM5930 .M3. (chapter 17.) This book is available in the Law Library and in county law libraries around the state.
  • What to Expect: Motions, from the Fourth District (Hennepin County) Family Court.
  • Forms packet for a Motion to Correct Clerical Mistakes

    • How long does a judge have to rule on a motion?
    McFarland, Douglas D. and William J. Keppel. Minnesota Civil Practice, 4th ed. (LexisNexis, 2008) Reserve Room KFM5930 .M3.
    § 17.07 Court Decision on Motion

    [1] Timing for Court Decision on Motion
    The court in most cases takes the motion under advisement. The decision, at least on a major motion, takes the form of the issuance of a court order, which may be accompanied by findings of fact or a memorandum of law, or both. The court order is the dispositive document. It is a direction of the court in writing but not amounting to a final determination on the merits of the case.
    The statute allows the judge 90 days from the hearing on the motion to issue a ruling. The only remedy for a party when the judge fails to meet this requirement is an ethics complaint to the board of judicial standards.

    You can check the docket online to see the most recent activity on your case. (Select your court and search by the docket number of your case.) It would also not be inappropriate to call the court administrator's office and ask about the status of your case.

    DISCLAIMER:  As librarians and not lawyers, we can suggest resources but cannot give legal advice (such as which form to file), or legal opinions, (such as how a statute might apply to particular facts.)  To do so could be considered the unauthorized practice of law.  Even though we try to suggest materials that will be of help, further research is usually required to find a complete and correct answer.  For many questions, the best answer may be to consult an attorney.  For links to resources on finding an attorney, see http://www.lawlibrary.state.mn.us/selfhelp.html#atty.

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    Minnesota State Law Library: Legal Topics: Motions
    http://www.lawlibrary.state.mn.us/motions.html

    Last updated on May 14, 2012.
    Links checked on July 20, 2011.

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