Minnesota Statutes

Minn. Stat. § 554.13 (2026)

Dismissal Of Cause Of Action In Whole Or Part

✓ current as of May 2026

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(a) In ruling on a motion under section 554.09, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1) the moving party establishes under section 554.08, paragraph (b), that sections 554.07 to 554.19 apply;

(2) the responding party fails to establish under section 554.08, paragraph (c), that sections 554.07 to 554.19 do not apply; and

(3) either:

(i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(ii) the moving party establishes that:

(A) the responding party failed to state a cause of action upon which relief can be granted; or

(B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(b) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 554.09 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under section 554.16.

(c) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 554.09 establishes for the purpose of section 554.16 that the moving party prevailed on the motion.

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2025–2026 · leading case: Paragon Restorations, LLC, a Minnesota Ltd. Liab. Co. v. Robinet Prods., LLC, a Minnesota ... (Minn. Ct. App. 2025).

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Paragon Restorations, LLC, a Minnesota Ltd. Liab. Co. v. Robinet Prods., LLC, a Minnesota ... (Minn. Ct. App. 2025). · cites it 18× “” Minn. Stat. § 554.13 (a)(1). The district court decided that, considering the totality of the circumstances, the speech at issue was not on a matter of public concern under Minnesota Statutes section 554.”

Ashley Anderson v. Adam Aaron Anderson (Minn. Ct. App. 2026). · cites it 18× “Minn. Stat. § 554.13 (a)(1)-(2). Second, a district court must determine whether the nonmoving party has established a prima facie case for each essential element of the challenged causes of action.”

J&D Dental, et al., Respondents, vs. Liya Hou, Appellant (Minn. Ct. App. 2025). · cites it 6× “2025) (citing Minn. Stat. § 554.13 (a)(3)(ii)), rev. granted (Minn.”

— Minn. Stat. § 554.13(a) — 1 case

Paragon Restorations, LLC, a Minnesota Ltd. Liab. Co. v. Robinet Prods., LLC, a Minnesota ... (Minn. Ct. App. 2025). “” Minn. Stat. § 554.13 (a)(1). The district court decided that, considering the totality of the circumstances, the speech at issue was not on a matter of public concern under Minnesota Statutes section 554.”

— Minn. Stat. § 554.13(a)(1) — 2 cases

Ashley Anderson v. Adam Aaron Anderson (Minn. Ct. App. 2026). “Minn. Stat. § 554.13 (a)(1)-(2). Second, a district court must determine whether the nonmoving party has established a prima facie case for each essential element of the challenged causes of action.”

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