Thursday, February 27, 2014

I am working on a draft of an opposition to summary judgment. Is there a way to file my response without calling it a "motion", which would ...

Question

I am working on a draft of an opposition to summary judgment. Is there a way to file my response without calling it a "motion", which would cost me additional court filing costs? Also, when citing case law can I use case results from any state or am I limited to cases tried in MN? I would appreciate an answer today as I must file my paperwork by Friday. Thank you.



Answer

You will have to pay the $100 motion fee to file a response to the motion even if you do not call it a "motion." If this is a Minnesota case, you should cite to Minnesota law.



Answer

No. A responsive Motion still requires the filing fee. Additionally, citing cases from another jurisdiction is not persuasive authority. In other words, it means the court is not bound to follow such a ruling.



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