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  1. #1
    Join Date
    Jul 2008
    Posts
    7

    Default Filing Motion to Dismiss vs Motion for Summary Judgement

    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.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Filing Motion to Dismiss vs Motion for Summary Judgement

    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

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