SF 1658

Introduction - 86th Legislature (2009 - 2010)

Posted on 02/09/2010 02:22 a.m.

A bill for an act
relating to civil actions; providing for the use of special magistrates to handle
pretrial matters; proposing coding for new law in Minnesota Statutes, chapter
484.

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

Section 1.

new text begin [484.735] PRETRIAL SPECIAL MAGISTRATES.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to district court cases that have
been assigned to a single judge under Rule 113 of the Minnesota Rules of General Practice
or other cases when the chief judge or presiding judge determines that the interests of
justice, judicial efficiency, or the best use of available judicial resources will be served by
assignment of pretrial matters to a special magistrate. This section does not apply to cases
excluded from Rule 111 of the Minnesota General Rules of Practice.
new text end

new text begin Subd. 2. new text end

new text begin Appointment of special magistrate required; costs. new text end

new text begin The court shall
appoint a special magistrate to preside over pretrial matters in the case. Rule 114.11 of
the Minnesota Rules of General Practice applies to the determination and responsibility
for payment of the fee of the special magistrate. The special magistrate may assess costs
against a party for failure to comply with rules or orders, subject to review and approval
by the court.
new text end

new text begin Subd. 3. new text end

new text begin Qualified special magistrates. new text end

new text begin The court shall appoint the special
magistrate from the list of qualified neutrals established by the state court administrator
under Rule 114.12 of the Minnesota General Rules of Practice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end