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Rule 56.04 – When Facts Are Unavailable to the Nonmovant

May 13, 2021 | Civil Procedure, Minnesota

If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

(a) defer considering the motion or deny it:
(b) allow time to obtain affidavits or to take discovery: or
(c) issue any other appropriate order.

Minn. R. Civ. P. 56.04

Amended effective July 1, 2018.