HF 3047

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 02:49pm

A bill for an act
relating to judiciary; requiring oaths by attorneys and judges; prohibiting
communications made outside presence of the parties; providing that polygraph
evidence is admissible per se in civil proceedings; amending Minnesota Statutes
2012, sections 481.071; 484.01, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapters 484; 602.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 481.071, is amended to read:

481.071 new text begin OATH; new text end MISCONDUCT BY ATTORNEYS.

new text begin (a) Before appearing on behalf of a client in a judicial proceeding, an attorney shall
take an oath or affirmation to support the constitution of the United States and of this state
and to faithfully represent the client to the best of the attorney's judgment and ability.
new text end

new text begin (b) new text end Every attorney or counselor at law who shall be guilty of any deceit or collusion,
or shall consent thereto, with intent to deceive the court or any party, or who shall delay
the attorney's client's suit with a view to the attorney's own gain, shall be guilty of a
misdemeanor and, in addition to the punishment prescribed by law therefor, shall forfeit to
the party injured treble damages, to be recovered in a civil action.

Sec. 2.

Minnesota Statutes 2012, section 484.01, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Oath. new text end

new text begin Before presiding over a civil or criminal proceeding, a judge shall
take and subscribe an oath in the form prescribed by law for judicial officers.
new text end

Sec. 3.

new text begin [484.085] PROHIBITED COMMUNICATIONS; CIVIL PROCEEDINGS.
new text end

new text begin A judge shall accord to every person who has a legal interest in a civil proceeding
the right to be heard according to law. A judge shall not initiate, permit, or consider
communications made to the judge outside the courtroom concerning a pending or
impending civil matter, except in the presence of all the parties and their lawyers.
new text end

Sec. 4.

new text begin [602.05] POLYGRAPH EVIDENCE.
new text end

new text begin In any civil hearing or trial, the results of a polygraph test, when performed by a
person who has been fully trained in polygraph testing and examinations, are admissible in
evidence without antecedent expert testimony that polygraph instruments are trustworthy
and reliable.
new text end