Minn. R. Adop. P. 40.02

As amended through October 28, 2024

Rule 40.02 - Involuntary Dismissal of Petition

Pursuant to the timing, notice, and format requirements of Rule 7 of the Minnesota Rules of Civil Procedure, the court, upon its own initiative or upon motion of a party, may dismiss a petition or grant judgment on the pleadings. Grounds for such dismissal or judgment on the pleadings shall include, but not be limited to:

(a) failure to comply with these rules;

(b) failure to move forward on the petition;

(c) failure to state a claim upon which relief may be granted;

(d) lack of jurisdiction over the subject matter;

(e) lack of jurisdiction over the person;

(f) insufficiency of service of process; and

(g) failure to join a necessary party.

Furthermore, after a petitioner has completed the presentation of evidence, any other party to the proceeding, without waiving the right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that based upon the facts and the law, the petitioner has shown no right to relief.

Minn. R. Adop. P. 40.02