Minnesota Legislature
SF 3483
as introduced - 89th Legislature (2015 - 2016) Posted on 05/18/2016 09:36am
Current Version - as introduced
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A bill for an act
relating to courts; updating outdated statutes pertaining to court reporters;
authorizing direct appeals of referee orders and decrees in probate or civil
commitment court proceedings to the Court of Appeals; clarifying statutes
related to penalty of perjury for documents provided to the court; amending
Minnesota Statutes 2014, sections 243.49; 358.116; 484.70, subdivision 7;
484.702, by adding a subdivision; 486.01; 486.02; 486.05, subdivision 1; 486.06;
609.48, by adding a subdivision; repealing Minnesota Statutes 2014, sections
484.72; 486.05, subdivision 1a; 525.112.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 243.49, is amended to read:
243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
Upon a plea of guilty or finding of guilty after trial, the court administrator of every
court which sentences a defendant for a felony or gross misdemeanor to the custody of
the commissioner of corrections or to the superintendent of the workhouse or work farm,
shall provide the officer or person having custody of the defendant a certified record
for commitment, including deleted text begin (1)deleted text end a copy of the indictment and pleadeleted text begin , (2) a transcript of the
sentencing proceedings, with the date thereof, together with the defendant's statement
under oath, if obtained, as to the defendant's true name, residence, if any, the date and
place of birth, the names and addresses of parents and other relatives and of employers
and others who know the defendant well, social and other affiliations, past occupations
and employments, former places of residence and the period of time and the dates the
defendant has resided in each, citizenship, the number, dates, places and causes of any prior
convictions, and (3) if the person pleaded guilty, a transcript of the sentencing proceedingsdeleted text end .
The record shall also include the trial judge's impressions of the defendant's mental and
physical condition, general character, capacity, disposition, habits and special needs. deleted text begin The
court reporter shall provide the required transcripts.deleted text end The certified record for commitment
may be used as evidence in any postconviction proceeding brought by the defendant. The
court administrator shall also deliver to the sheriff or other officer or person conveying
the defendant to the correctional facility, workhouse, or work farm designated by the
commissioner of corrections or the judge a warrant of commitment together with a certified
copy of the warrant directing the conveyor to deliver the person and the certified record
for commitment to the principal officer in charge of the correctional facility, workhouse,
or work farm. Upon the delivery of any person, the principal officer in charge of the
correctional facility, workhouse, or work farm shall keep the certified copy of the warrant
of commitment and endorse the principal officer's receipt upon the original, which shall be
filed with the sentencing court. The court administrator shall retain deleted text begin one copy of the required
transcripts, anddeleted text end a deleted text begin tapedeleted text end recording and the court reporter's notes of all deleted text begin otherdeleted text end proceedings.
Sec. 2.
Minnesota Statutes 2014, section 358.116, is amended to read:
358.116 COURT DOCUMENTS.
Unless specifically required by court rule, a pleading, motion, affidavit, or other
document filed with a court of the Minnesota judicial branchnew text begin , or presented in support of a
request for a court order, warrant, or other relief,new text end is not required to be notarized. Signing
a document filed with the courtnew text begin or presented to a judge or judicial officer for signaturenew text end
constitutes "verification upon oath or affirmation" as defined in section 358.41, clause (3),
without administration of an oath under section 358.07, provided that the signature, as
defined by court rules, is affixed immediately below a declaration using substantially the
following language: "I declare under penalty of perjury that everything I have stated in this
document is true and correct." In addition to the signature, the date of signing and the county
and state where the document was signed shall be noted on the document. A person who
signs knowing that the document is false in any material respect is guilty of perjury under
section 609.48, even if the date, county, and state of signing are omitted from the document.
Sec. 3.
Minnesota Statutes 2014, section 484.70, subdivision 7, is amended to read:
Subd. 7.
Referee duties.
The duties and powers of referees shall be as follows:
(a) Hear and report all matters assigned by the chief judge.
(b) Recommend findings of fact, conclusions of law, temporary and interim orders,
and final orders for judgment.
All recommended orders and findings of a referee shall be subject to confirmation
by a judge.
(c) Upon the conclusion of the hearing in each case, the referee shall transmit to
a judge the court file together with recommended findings and orders in writing. The
recommended findings and orders of a referee become the findings and orders of the court
when confirmed by a judge. The order of the court shall be proof of such confirmation,
and also of the fact that the matter was duly referred to the referees.
(d) Review of any recommended order or finding of a referee by a judge may be
by notice served and filed within ten days of effective notice of the recommended order
or finding. The notice of review shall specify the grounds for review and the specific
provisions of the recommended findings or orders disputed, and the court, upon receipt of
a notice of review, shall set a time and place for a review hearing.
(e) All orders and findings recommended by a referee become an effective order
when countersigned by a judge and remain effective during the pendency of a review,
including a remand to the referee, unless a judge:
(1) expressly stays the effect of the order;
(2) changes the order during the pendency of the review; or
(3) changes or vacates the order upon completion of the review.
new text begin
(f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate or
civil commitment court proceedings, if appealed, must be appealed directly to the Court of
Appeals, in the same manner as judicial orders and decrees.
new text end
Sec. 4.
Minnesota Statutes 2014, section 484.702, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Expedited child support process. new text end
new text begin
Hearings and proceedings conducted
in the expedited child support process under this section may be reported by use of
electronic recording equipment provided that the equipment meets the minimum standards
established by the state court administrator. Electronic recording equipment must be
operated and monitored by a person who meets the minimum qualifications established
by the state court administrator.
new text end
Sec. 5.
Minnesota Statutes 2014, section 486.01, is amended to read:
486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.
Each judge, by deleted text begin duplicate ordersdeleted text end new text begin ordernew text end filed with the court administrator deleted text begin and county
auditor of the several counties of the judge's districtdeleted text end , may appoint a competent deleted text begin stenographer
deleted text end new text begin court reporter new text end as reporter of the court, to hold office during the judge's pleasure, and to act
as the judge's secretary in all matters pertaining to official duties. deleted text begin Such reporter shall give
bond to the state in the sum of $2,000, to be approved by the appointing judge, conditioned
for the faithful and impartial discharge of all the reporter's duties, which bond, with the oath
of office, shall be filed with the court administrator in the county in which the judge resides.
deleted text end
deleted text begin
Whenever the official reporter so appointed, because of sickness or physical
disability, is temporarily unable to perform duties, the judge of the court affected may, if
another official court reporter is not available, secure for the temporary period of disability
of the official court reporter, another competent reporter to perform such duties for not
to exceed 60 days in any calendar year. The substitute court reporter so appointed shall
receive as salary an amount equal to the salary of the official court reporter for the period
of time involved and shall also receive in addition thereto expenses and fees provided by
sections 486.05 and 486.06. The salary of such substitute reporter shall be paid in the
manner now provided by law for the payment of the salary of the official court reporter.
The substitute court reporter shall not be required to furnish bond, unless ordered by the
judge to do so. The employment of and the compensation paid to such substitute reporter
shall in no way affect or prejudice the employment of and the compensation paid to the
official court reporter of said court.
deleted text end
Sec. 6.
Minnesota Statutes 2014, section 486.02, is amended to read:
486.02 deleted text begin STENOGRAPHICdeleted text end RECORD.
deleted text begin Except as provided in section 484.72,deleted text end A competent deleted text begin stenographerdeleted text end new text begin court reporter new text end who
meets minimum qualifications promulgated by the Supreme Court, shall make a complete
deleted text begin stenographicdeleted text end record of all testimony given and all proceedings had before the judge upon
the trial of issues of fact, with or without a jury, or before any referee appointed by such
judge. In so doing the deleted text begin stenographerdeleted text end new text begin court reporter new text end shall take down all questions in the
exact language thereof, and all answers thereto precisely as given by the witness or by
the sworn interpreter. The deleted text begin stenographerdeleted text end new text begin court reporter new text end shall also record, verbatim, all
objections made, and the grounds thereof as stated by counsel, all rulings thereon, all
exceptions taken, all motions, orders, and admissions made and the charge to the jury.
When directed so to do by the judge, the deleted text begin stenographerdeleted text end new text begin court reporter new text end shall make a like
record of any other matter or proceeding, and shall read to such judge or referee any
record made by the deleted text begin stenographerdeleted text end new text begin court reporternew text end , or transcribe the same, without charge,
for any purpose in furtherance of justice.
Sec. 7.
Minnesota Statutes 2014, section 486.05, subdivision 1, is amended to read:
Subdivision 1.
Salaries.
The salary for each court reporter shall be set deleted text begin annually by
the district administratordeleted text end new text begin as provided in judicial branch personnel policies and collective
bargaining agreements new text end within the range established under section 480.181 as provided in
the judicial branch personnel rules.
Sec. 8.
Minnesota Statutes 2014, section 486.06, is amended to read:
486.06 CHARGE FOR TRANSCRIPT.
In addition to the salary set in section 486.05, the court reporter may charge for a
transcript of a record ordered by any person other than the judge deleted text begin 50 cents per original folio
thereof and ten cents per folio for each manifold or other copy thereof when so ordered
that it can be made with the original transcript. The chief judge of the judicial district may
by order establish new transcript fee ceilings annuallydeleted text end new text begin a rate set by the chief justicenew text end .
A court reporter may impose a fee authorized under this section only if the transcript
is delivered to the person who ordered it within a reasonable time after it was ordered.
Sec. 9.
Minnesota Statutes 2014, section 609.48, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Venue. new text end
new text begin
A violation of subdivision 1, clause (4), may be prosecuted in the
county where the statement, under penalty of perjury, was signed, or the county of the
district court in which the statement was filed.
new text end
Sec. 10. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, sections 484.72; 486.05, subdivision 1a; and 525.112,
new text end
new text begin
are
repealed.
new text end