as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am
A bill for an act
relating to courts; modifying determination of when a party prevails on a claim
removed from conciliation court to district court for the purposes of recovering
district court costs; amending Minnesota Statutes 2008, section 491A.02,
subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 491A.02, subdivision 7, is amended to
read:
(a) For the purposes of this subdivision, "removing
party" means the first party who serves or files a demand for removal. "Opposing party"
means any party as to whom the removing party seeks a reversal in whole or in part.
(b) If the removing party prevails in district court, the removing party may recover
costs from the opposing party as though the action were commenced in district court. If
the removing party does not prevail, the court shall order an additional $50 to be paid to
the opposing party as costs. If the removing party is eligible to proceed under section
563.01, the additional $50 costs may be waived if the court, in its discretion, determines
that a hardship exists and that the case was removed from conciliation court in good faith.
(c) For purposes of this section, the removing party prevails in district court if:
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(1) the removing party recovers at least $500 or 50 percent of the amount of value
of property that the removing party requested on removal, whichever is less, when the
removing party was denied any recovery in conciliation court;
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deleted text begin (2)deleted text end new text begin (1)new text end the opposing party does not recover any amount or any property from the
removing party in district court when the opposing party recovered some amount or some
property in conciliation court;new text begin or
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deleted text begin (3)deleted text end new text begin (2)new text end the removing party recovers an amount or value of property in district
court that exceeds the amount or value of property that the removing party recovered in
conciliation court by at least $500 or 50 percent, whichever is lessdeleted text begin ; ordeleted text end new text begin .
new text end
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(4) the amount or value of property that the opposing party recovers from the
removing party in district court is reduced from the amount or value of property that the
opposing party recovered in conciliation court by at least $500 or 50 percent, whichever is
less.
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(d) Costs or disbursements in conciliation or district court must not be considered in
determining whether there was a recovery by either party in either court or in determining
the difference in recovery under this section.
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This section is effective the day following final enactment.
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