Motion to Strike in Minnesota

Background

“Minn. R. Civ. P. 12.06 allows the district court to strike from any pleading any matter that it finds to be redundant, immaterial, impertinent or scandalous." (See Igbanugo v. Cangemi, No. A10-2002, at *8 (Minn. Ct. App. June 27, 2011).)

“When material in a pleading neither states a cause of action nor assists other parts in so stating, that material is irrelevant and may be stricken.” (See id.)

General Information for Complaints and Motions

“We depend only on those facts that are in the record to decide an appeal, and a party does not add to that record merely by including extraneous material with her appeal submissions.” (See Gill v. Gill, A13-1632, at *12 (Minn. Ct. App. Aug. 11, 2014).)

“Although we frequently entertain motions to strike noncomplying submissions, we also may disregard attachments and references that are beyond the record, with or without striking.” (See id.)

“The record on appeal is the papers filed in district court, the exhibits, and any transcripts of the proceedings.” (See Travelers Indemnity v. Bloomington Steel, No. A07-182, at *10-11 (Minn. Ct. App. Feb. 12, 2008).)

“Appellate courts may not consider matters outside the record on appeal and will strike references to such matters from the parties' briefs." (See id.)

“Additionally, a motion to strike can be granted when the brief is used as a vehicle for disrespect, insult, and slanderous accusations." (See id.)

Standard of Review and Burdens of Proof

“It is within the district court's discretion to grant or deny a motion to strike matters in the pleadings.” (See Igbanugo v. Cangemi, No. A10-2002, at *8 (Minn. Ct. App. June 27, 2011).)

“This court reviews a district court's decision to grant or deny a motion to strike material from a pleading for an abuse of discretion.” (See Fish v. Roseau Cnty., A11-2249, at *7 (Minn. Ct. App. Sep. 10, 2012).)

The Court’s Decisions

It is well settled that “this court may strike documents submitted by the parties that are outside the appellate record.” (See N.Y.B. v. Hedberg, No. A20-0283, at *16 (Minn. Ct. App. Nov. 2, 2020).)

It is also well settled that “if a court does not consider material that a party seeks to strike, the motion to strike is moot.” (See Amdal v. Moheban , No. A19-1687, at *15 (Minn. Ct. App. Aug. 31, 2020).)