Motions for Summary Judgment and Other Dispositive Motions
From MN Bench Book - Trial Procedures & Practices for Judges
STATEMENT OF UNDISPUTED FACTS
It is recommended that in the moving party’s statement of undisputed fact(s) the court require each undisputed fact to be numbered and cited with page number and line, if possible.
For each numbered undisputed fact the opposing party must either agree that the fact is undisputed or present citation(s) as to why the fact is disputed. This is a good way to determine what if any material facts are disputed.
Time limits for hearings are suggested. On most motions, 15 minutes per party should be adequate. If possible, attempt to focus the hearing on the issues that are important to the Court and direct the attorneys to address those issues.
REQUIRE E-MAIL COPIES OF MEMORANDUM AND FINDINGS OF FACT
It is recommended that the Court require each party to email a copy of their memorandum to the Court in Word format. This makes checking citations and writing the Court’s memorandum much easier. Some Judges will also have each party submit proposed findings of fact to the Court via email in Word format.
ISSUE ORDER WITHIN 90 DAYS The Court should issue an order on a motion for summary judgment within 90 days of the hearing on the order. This date should be calendared to keep track of when decisions should be coming out.
SCHEDULING A HEARING DATE FOR ALL DISPOSITIVE MOTIONS
In some cases the Court may decide to formally set a hearing date to hear all dispositive motions. This is a good way to efficiently handle a case that may have multiple dispositive motions.
It is strongly recommended that the Court read all motion papers prior to a dispositive motion hearing. If this is not possible the Court can reschedule the hearing to a later date. Also on complex dispositive motions, it is recommended that the Court’s law clerk prepare a bench memo for the Court regarding the motion prior to the hearing.
Law clerks should attend all dispositive motion hearings.