General Civil Court Forms
This template is a starting point, not a finished legal document. Review it carefully and consider having an attorney review it before use. Laws change — verify all citations are current.
The Minnesota Judicial Branch provides free forms for general civil court matters including filing lawsuits, responding to lawsuits, requesting court orders, discovery, and appeals. All forms link to the official Minnesota courts website and are kept current by the Judicial Branch.
Before You File
Where to file: Civil cases are generally filed in the district court in the county where the defendant lives, where the incident occurred, or as specified by contract. Contact your county’s court administration office for filing instructions and current fees.
Filing fees: Filing fees vary by case type. As of 2024, the filing fee for a general civil complaint is approximately $310 to $400 depending on the county and case type. If you cannot afford the filing fee, you may qualify for a fee waiver (see IFP application below).
Service of process: After filing, you must serve the summons and complaint on the defendant according to the Minnesota Rules of Civil Procedure. You cannot serve the papers yourself – you must have someone over 18 who is not a party to the case serve them, or hire a professional process server.
Starting a Civil Case
Civil Cover Sheet
Required form that accompanies the initial filing in a civil case. Identifies the case type, parties, and related cases. This form is for court administration purposes and is filed along with your summons and complaint.
Summons
The summons is the official notice to the defendant that they are being sued. It must include:
- The names of all parties
- The court and county where the case is filed
- A statement that the defendant has 20 days to respond (or 30 days if served outside Minnesota or by publication)
- A notice that failure to respond may result in a default judgment
Complaint
The complaint states your legal claims against the defendant. It must include:
- A statement of facts explaining what happened
- The legal basis for your claims (which laws or legal principles were violated)
- The relief you are requesting (money damages, injunctive relief, etc.)
Every type of civil claim has a deadline for filing called the “statute of limitations.” If you miss this deadline, your case will be dismissed. Common deadlines in Minnesota include: personal injury – 6 years (
); breach of written contract – 6 years (
); property damage – 6 years; defamation – 2 years (
); medical malpractice – 4 years (
). Consult an attorney if you are unsure about your deadline.
Affidavit of Service
After the summons and complaint are served on the defendant, an Affidavit of Service must be filed with the court to prove proper service was completed. The person who served the documents (not you) fills out and signs this form.
Responding to a Civil Case
Answer
The defendant’s formal response to the complaint. In the answer, the defendant responds to each allegation in the complaint by admitting, denying, or stating that they lack sufficient information to admit or deny.
Counterclaim and Cross-Claim
- Counterclaim: If the defendant has claims against the plaintiff, the counterclaim is filed along with the answer.
- Cross-claim: If the defendant has claims against a co-defendant, a cross-claim is filed along with the answer.
Third-Party Complaint
If the defendant believes a third party who is not yet in the case is responsible for the plaintiff’s damages, the defendant can file a third-party complaint to bring that party into the case.
Motions
Notice of Motion and Motion
Forms for requesting court orders during a case. Common motions include:
- Motion to dismiss – asking the court to throw out the case for legal insufficiency
- Motion for summary judgment – asking the court to decide the case without a trial because there are no disputed facts
- Motion to compel discovery – asking the court to order the other party to respond to discovery requests
- Motion in limine – asking the court to exclude certain evidence from trial
- Motion to amend – asking the court for permission to change your complaint or answer
Supporting Affidavit
A sworn statement of facts supporting your motion. The affiant (person signing) must swear that the statements are true under penalty of perjury.
Proposed Order
When you file a motion, you should include a proposed order for the judge to sign if the motion is granted.
Default Judgment
Application for Default Judgment
If the defendant does not respond to the lawsuit within the required timeframe, the plaintiff can request a default judgment. Requirements:
- The defendant must have been properly served
- The response deadline must have passed
- An affidavit of non-answer must be filed
- For damages requiring proof, a hearing may be required
Fee Waiver (In Forma Pauperis)
IFP Application
If you cannot afford filing fees and court costs, you can apply to have them waived. You must provide information about your income, expenses, assets, and debts. The court will review your application and determine whether you qualify.
Who qualifies: There is no strict income cutoff. The court considers your total financial situation, including income, expenses, assets, and debts. People receiving public assistance (SNAP, MFIP, SSI) generally qualify automatically.
Appeals
Notice of Appeal
Filed with the district court to begin an appeal to the Minnesota Court of Appeals. The notice must be filed within 60 days of the entry of judgment (or entry of the order being appealed).
Statement of the Case
Required filing in the Court of Appeals that summarizes the case, the issues on appeal, and the relevant procedural history. Must be filed within 15 days of filing the notice of appeal.
Transcript Request
To appeal, you will generally need a transcript of the trial or hearing. The appellant must arrange and pay for the transcript. Contact the court reporter who recorded the proceedings.
Tips for Self-Represented Litigants
- Read the rules. Civil cases in district court are governed by the Minnesota Rules of Civil Procedure. These rules are complex but they apply to everyone, including self-represented parties.
- Meet all deadlines. Missing a deadline can result in dismissal of your case or a default judgment against you. Use a calendar system.
- Keep copies of everything. Make copies of every document you file and every document you receive.
- Be organized at hearings. Have your documents organized and accessible. Know what you want to tell the judge and be prepared to present your evidence.
- Be professional and respectful. Address the judge as “Your Honor.” Do not interrupt. Answer questions directly.
- Consider mediation. Many disputes can be resolved through mediation, which is faster, less expensive, and less adversarial than a trial. The court may order mediation before trial.
Additional Resources
- Minnesota Judicial Branch - All Civil Forms
- Minnesota Rules of Civil Procedure
- Self-Help Center – guides and resources for representing yourself
- Minnesota Judicial Branch - eFiling – electronic filing (required in some counties)
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