1.1 	A bill for an act
1.2 	relating to courts; modifying determination of when a party prevails on a claim 
1.3 	removed from conciliation court to district court for the purposes of recovering 
1.4 	district court costs;amending Minnesota Statutes 2008, section 491A.02, 
1.5 	subdivision 7.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 491A.02, subdivision 7, is amended to 
1.8 	read:
1.9 		Subd. 7.Costs in district court. (a) For the purposes of this subdivision, "removing 
1.10 	party" means the first party who serves or files a demand for removal. "Opposing party" 
1.11 	means any party as to whom the removing party seeks a reversal in whole or in part.
1.12 	(b) If the removing party prevails in district court, the removing party may recover 
1.13 	costs from the opposing party as though the action were commenced in district court. If 
1.14 	the removing party does not prevail, the court shall order an additional $50 to be paid to 
1.15 	the opposing party as costs. If the removing party is eligible to proceed under section 
1.16 	563.01, the additional $50 costs may be waived if the court, in its discretion, determines 
1.17 	that a hardship exists and that the case was removed from conciliation court in good faith.  
1.18 	(c) For purposes of this section, the removing party prevails in district court if:
1.19 	(1) the removing party recovers at least $500 or 50 percent of the amount of value 
1.20 	of property that the removing party requested on removal, whichever is less, when the 
1.21 	removing party was denied any recovery in conciliation court;
1.22 	(2) (1) the opposing party does not recover any amount or any property from the 
1.23 	removing party in district court when the opposing party recovered some amount or some 
1.24 	property in conciliation court; or
2.1 	(3) (2) the removing party recovers an amount or value of property in district 
2.2 	court that exceeds the amount or value of property that the removing party recovered in 
2.3 	conciliation court by at least $500 or 50 percent, whichever is less; or.
2.4 	(4) the amount or value of property that the opposing party recovers from the 
2.5 	removing party in district court is reduced from the amount or value of property that the 
2.6 	opposing party recovered in conciliation court by at least $500 or 50 percent, whichever is 
2.7 	less.
2.8 	(d) Costs or disbursements in conciliation or district court must not be considered in 
2.9 	determining whether there was a recovery by either party in either court or in determining 
2.10 	the difference in recovery under this section.

2.11 	EFFECTIVE DATE. This section is effective the day following final enactment.