Filing Motion to Dismiss vs Motion for Summary Judgement

[maestromjd]

My question involves traffic court in the State of: Minnesota

What is the difference between Motion to Dismiss vs. Motion for Summary Judgement. Should I file one and not the other?

Basically, I was cited for an infraction in which there is a clear statutory exception for my circumstances. Does that sound like dismiss or Summary Judgement.

Additionally, with the Affidavit I will file in support of motion, does this give me a chance to explain my situation without having to face cross examination if the motion is denied and we go to trial? Or is the affidavit not considered in the trial.

[BOR]

I am assuming MN does not have it's own Traffic rules of court, so I link the rules of criminal procedure here. There is NO mention of Summary Judgment motions.


SJ is usually a procedural remedy in a Civil action. I checked, it is rule 56 in the Civil Rules, same as the federal counterpart.

Although I have read some case law that interchanges them in specific cases, I do believe it was for a Civil case also, NOT criminal. IF the criminal rules do not have such a rule for SJ, I would not title my written or verbal motion as such.


See rule 10, et seq:


http://www.mncourts.gov/rules/criminal/RCRP.htm#cr3002

You also have the option to check/read the "local rules of court" in addition to the state rules.

Note; leave off the E in Judgement, that is the English spelling; it is Judgment.

BOR