HF 1035

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; requiring the summons to 
  1.3             include notice of the alternative dispute resolution 
  1.4             process; amending Minnesota Statutes 1998, section 
  1.5             518.091; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 543. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 518.091, is 
  1.9   amended to read: 
  1.10     518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.] 
  1.11     (a) Every summons must include the notice in this paragraph.
  1.12     NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
  1.13                      RESOLUTION PROVISIONS 
  1.14     UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
  1.15  FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
  1.16  UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
  1.17  DISMISSED: 
  1.18     (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
  1.19  THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
  1.20  INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
  1.21  WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
  1.22  CONTEST THIS PROCEEDING; 
  1.23     (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
  1.24     (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
  1.25  MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
  1.26  BENEFICIARY DESIGNATION. 
  2.1      IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
  2.2   TO SANCTIONS BY THE COURT.  
  2.3      (4) FAMILY LAW PROCEEDINGS ARE SUBJECT TO DISTRICT COURT 
  2.4   RULE 310.01 (WHICH REQUIRES MOST BUT NOT ALL PARTIES TO CONSIDER 
  2.5   ALTERNATIVE DISPUTE RESOLUTION).  YOU MAY CONTACT THE COURT 
  2.6   ADMINISTRATOR ABOUT ALTERNATIVE DISPUTE RESOLUTION IN YOUR 
  2.7   AREA.  IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE 
  2.8   RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU 
  2.9   THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM. 
  2.10     (b) Upon service of the summons, the restraining provisions 
  2.11  contained in the notice apply by operation of law upon both 
  2.12  parties until modified by further order of the court or 
  2.13  dismissal of the proceeding, unless more than one year has 
  2.14  passed since the last document was filed with the court. 
  2.15     Sec. 2.  [543.22] [CIVIL ACTION SUMMONS NOTICE; ALTERNATIVE 
  2.16  DISPUTE RESOLUTION PROCESS.] 
  2.17     When a civil case is commenced against a party, the summons 
  2.18  must include a statement that provides the opposing party with 
  2.19  information about the alternative dispute resolution process as 
  2.20  set forth in rule 114 of the Minnesota General Rules of Practice.