Free MN Bar Pleadings and Motions Questions and Answers — Questions and Answers

Question 1: When is a "motion to strike" used in Minnesota civil procedure?

To remove certain allegations or parts of a pleading that are improper or irrelevant (Correct answer)
To request a summary judgment
To compel a party to answer interrogatories
To amend a pleading

Correct answer: To remove certain allegations or parts of a pleading that are improper or irrelevant

In Minnesota civil procedure, a motion to strike is used to challenge and remove specific portions of an opposing party's pleading. This motion is typically filed when a pleading contains redundant, immaterial, impertinent, or scandalous matter, or insufficient defense. Its purpose is to streamline the issues and ensure that only relevant and proper allegations remain in the court record.

Question 2: What is the purpose of a "motion for judgment on the pleadings"?

To request a judgment based solely on the arguments presented in the pleadings (Correct answer)
To challenge the sufficiency of the evidence presented
To seek a change in venue
To compel discovery responses

Correct answer: To request a judgment based solely on the arguments presented in the pleadings

A motion for judgment on the pleadings is filed after the pleadings (complaint, answer, counterclaim, etc.) are closed, but before discovery or trial. It asks the court to rule in favor of the moving party because, even assuming all factual allegations in the non-moving party's pleadings are true, the law clearly dictates a particular outcome. The court considers only the facts alleged in the pleadings and any attached exhibits.

Question 3: What is the standard for granting a "motion for a new trial" in Minnesota?

Evidence that was not presented at the original trial
An error of law or a significant procedural error affecting the outcome (Correct answer)
A change in the judge
New witnesses that were not previously available

Correct answer: An error of law or a significant procedural error affecting the outcome

In Minnesota, a motion for a new trial is granted when there has been a serious flaw in the original trial proceedings that likely prejudiced the outcome. This includes errors of law made by the court, misconduct by the jury or opposing counsel, or a verdict that is not justified by the evidence or is contrary to law. The purpose is to rectify substantial injustices that occurred during the trial.

Question 4: When can a party file a "motion for summary judgment" in Minnesota?

At any time before trial
Only after the trial has begun
After the pleadings are closed but before trial (Correct answer)
Only if the case is settled

Correct answer: After the pleadings are closed but before trial

A motion for summary judgment can be filed by either party after the pleadings have been exchanged and typically after discovery has provided sufficient information, but before the trial commences. This motion asserts that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. It aims to resolve cases without a full trial when the facts are undisputed.

Question 5: What is the function of a "motion to compel" in civil litigation?

To request a judgment based on the pleadings
To force a party to comply with a discovery request (Correct answer)
To change the venue of the case
To dismiss a claim

Correct answer: To force a party to comply with a discovery request

A motion to compel is a procedural tool used in civil litigation when one party fails to respond adequately to discovery requests, such as interrogatories, requests for production of documents, or requests for admission. The moving party asks the court to order the non-compliant party to provide the requested information or documents. This ensures that all parties have access to relevant information for trial preparation.

Free MN Bar Pleadings and Motions Questions and Answers

When is a "motion to strike" used in Minnesota civil procedure?

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Sources & references

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

ble.mn.gov — Test delivery, exam dates, late registration, retake policy, score release, time limit, exam format, passing score, score validity, eligibility · verified Oct 2026
ncbex.org — Fees · verified Oct 2026