SF 149

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/31/2012 02:51pm

A bill for an act
relating to civil actions; regulating certain conciliation court claims; permitting
appeals of certain court orders related to class actions; amending Minnesota
Statutes 2010, section 491A.01, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 540.

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

Section 1.

Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to
read:

Subd. 3.

Jurisdiction; general.

(a) Except as provided in subdivisions 4 and 5, the
conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
amount of money or property that is the subject matter of the claim does not exceed: (1)
deleted text begin $7,500; (2) $4,000, deleted text end new text begin $10,000 or $5,000 new text end if the claim involves a consumer credit transaction;
or deleted text begin (3) deleted text end new text begin (2) new text end $15,000, if the claim involves money or personal property subject to forfeiture
under section 609.5311, 609.5312, 609.5314, or 609.5318. "Consumer credit transaction"
means a sale of personal property, or a loan arranged to facilitate the purchase of personal
property, in which:

(1) credit is granted by a seller or a lender who regularly engages as a seller or
lender in credit transactions of the same kind;

(2) the buyer is a natural person;

(3) the claimant is the seller or lender in the transaction; and

(4) the personal property is purchased primarily for a personal, family, or household
purpose and not for a commercial, agricultural, or business purpose.

(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
territorial jurisdiction of conciliation court is coextensive with the county in which the
court is established. The summons in a conciliation court action under subdivisions 6 to
10 may be served anywhere in the state, and the summons in a conciliation court action
under subdivision 7, paragraph (b), may be served outside the state in the manner provided
by law. The court administrator shall serve the summons in a conciliation court action
by first class mail, except that if the amount of money or property that is the subject of
the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
and service on nonresident defendants must be made in accordance with applicable law
or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
documents at trial may be served anywhere within the state in the manner provided by law.

When a court administrator is required to summon the defendant by certified mail
under this paragraph, the summons may be made by personal service in the manner
provided in the Rules of Civil Procedure for personal service of a summons of the district
court as an alternative to service by certified mail.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to claims
filed on or after that date.
new text end

Sec. 2.

new text begin [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
new text end

new text begin A court order certifying a class action, refusing to certify a class action, or denying a
motion to decertify a class action is appealable as a matter of right. While an appeal under
this subdivision is pending, all discovery and other proceedings in the district court are
automatically stayed, except that upon the motion of a party the district court may lift the
stay, in whole or in part, for good cause shown.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, and applies to orders
issued on or after that date.
new text end