SF 449

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to courts; authorizing district courts to 
  1.3             transfer civil actions to courts outside this state 
  1.4             upon consent of those courts; enacting the uniform 
  1.5             transfer of litigation act; proposing coding for new 
  1.6             law as Minnesota Statutes, chapter 552. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8                              ARTICLE 1
  1.9                     PART I.  TRANSFERRING COURT
  1.10     Section 1.  [552.01] [POWER TO TRANSFER.] 
  1.11     A district court of this state may transfer an action or 
  1.12  part of an action to a court of record not of this state 
  1.13  pursuant to sections 552.01 to 552.09. 
  1.14     Sec. 2.  [552.02] [TRANSFER BY COURT HAVING JURISDICTION.] 
  1.15     A district court of this state which has jurisdiction of 
  1.16  the subject matter of an action and the parties may transfer all 
  1.17  or part of the action to a court not of this state which 
  1.18  consents to the transfer and can exercise jurisdiction over the 
  1.19  matters transferred. 
  1.20     Sec. 3.  [552.03] [TRANSFER BY COURT LACKING JURISDICTION.] 
  1.21     A district court of this state which lacks jurisdiction of 
  1.22  the subject matter of an action or part of an action or which 
  1.23  lacks personal jurisdiction of a party may transfer all or part 
  1.24  of the action to a court not of this state which consents to the 
  1.25  transfer and can exercise jurisdiction over the matters 
  1.26  transferred and the parties. 
  2.1      Sec. 4.  [552.04] [REASONS FOR TRANSFER.] 
  2.2      A court may order a transfer to serve the fair, effective, 
  2.3   and efficient administration of justice and the convenience of 
  2.4   the parties and witnesses.  In deciding whether to order a 
  2.5   transfer, the court shall consider all relevant factors, 
  2.6   including the interest of each plaintiff in selecting a forum 
  2.7   and the public interest in securing a single litigation and 
  2.8   disposition of related matters. 
  2.9      Sec. 5.  [552.05] [TRANSFERRING COURT'S ORDER; WHEN 
  2.10  TRANSFER EFFECTIVE.] 
  2.11     A court may order a transfer on motion by a party or on its 
  2.12  own initiative after notice and opportunity to be heard.  A 
  2.13  transfer order must state the reasons for the transfer.  If part 
  2.14  of an action is transferred, the order must state the part as a 
  2.15  term of the transfer.  The order may state other terms of the 
  2.16  transfer.  The court shall notify the parties of the transfer 
  2.17  order.  A party or the court may file the transfer order in the 
  2.18  receiving court.  The transfer takes effect when an order 
  2.19  accepting the transfer is filed in the transferring court. 
  2.20     Sec. 6.  [552.06] [TRANSMITTING RECORD.] 
  2.21     After notice of an order accepting a transfer is filed in 
  2.22  the transferring court, the court shall send relevant portions 
  2.23  of the record to the receiving court. 
  2.24     Sec. 7.  [552.07] [PENDING PROCEEDINGS.] 
  2.25     A proceeding pending at the time of transfer must be 
  2.26  completed by the receiving court according to the procedural 
  2.27  rules of the transferring court, measuring applicable time 
  2.28  limits as if the proceeding had been initiated ten days after 
  2.29  the day the transfer took effect, unless otherwise ordered by 
  2.30  the transferring court or the receiving court. 
  2.31     Sec. 8.  [552.08] [RETURN; WHEN RETURN EFFECTIVE.] 
  2.32     The transferring court shall accept the return of a matter 
  2.33  ordered returned by the receiving court pursuant to the terms of 
  2.34  the transfer order or for lack of jurisdiction in the receiving 
  2.35  court.  The return takes effect when a return order is filed in 
  2.36  the transferring court. 
  3.1      Sec. 9.  [552.09] [APPELLATE REVIEW IN STATE OF 
  3.2   TRANSFERRING COURT.] 
  3.3      An order of a court of this state granting or refusing a 
  3.4   transfer is reviewable only by extraordinary writ or permissive 
  3.5   interlocutory appeal to an appellate court of this state at the 
  3.6   time the order is entered.  An order or ruling not reviewed 
  3.7   before a transfer takes effect is not reviewable in this state 
  3.8   except as to matters returned or transferred back. 
  3.9                              ARTICLE 2
  3.10                     PART II.  RECEIVING COURT
  3.11     Section 1.  [552.15] [POWER TO ACCEPT TRANSFER.] 
  3.12     A court of this state may accept transfer of an action or 
  3.13  part of an action pursuant to sections 552.15 to 552.32. 
  3.14     Sec. 2.  [552.16] [ACCEPTANCE BY COURT HAVING 
  3.15  JURISDICTION.] 
  3.16     A court that can exercise jurisdiction over the subject 
  3.17  matter and the parties may accept a transfer, whether or not the 
  3.18  transferring court had jurisdiction of the subject matter or the 
  3.19  parties. 
  3.20     Sec. 3.  [552.17] [ACCEPTANCE BY COURT LACKING PERSONAL 
  3.21  JURISDICTION.] 
  3.22     A receiving court that can exercise jurisdiction over the 
  3.23  subject matter, even if it lacks personal jurisdiction of a 
  3.24  party, may exercise personal jurisdiction over the party if the 
  3.25  transferring court had jurisdiction of the subject matter of the 
  3.26  action and the party. 
  3.27     Sec. 4.  [552.18] [TRANSFER REFUSED.] 
  3.28     A receiving court may refuse to accept a transfer for any 
  3.29  reason.  The court shall state its reasons for the refusal. 
  3.30     Sec. 5.  [552.19] [ORDER OF ACCEPTANCE OR REFUSAL.] 
  3.31     A party may move for an order accepting or refusing a 
  3.32  transfer.  The receiving court shall enter an order accepting 
  3.33  the transfer unless within 30 days after the motion is made the 
  3.34  court enters an order refusing the transfer or directing further 
  3.35  proceedings to determine whether to accept the transfer. 
  3.36     Sec. 6.  [552.20] [NOTICE OF ORDER; WHEN TRANSFER 
  4.1   EFFECTIVE.] 
  4.2      The receiving court shall notify the parties of the order 
  4.3   accepting or refusing the transfer.  A party or the court may 
  4.4   file the order in the transferring court.  The transfer takes 
  4.5   effect when an order accepting the transfer is filed in the 
  4.6   transferring court. 
  4.7      Sec. 7.  [552.21] [REQUEST FOR RECORD.] 
  4.8      The receiving court may request the transferring court to 
  4.9   send relevant portions of the record to aid in deciding whether 
  4.10  to accept a transfer or to supplement the record sent by the 
  4.11  transferring court. 
  4.12     Sec. 8.  [552.22] [TERMS OF TRANSFER.] 
  4.13     The receiving court for good cause may depart from the 
  4.14  terms specified in the transfer order. 
  4.15     Sec. 9.  [552.23] [STATUTE OF LIMITATIONS.] 
  4.16     If the transferring court had jurisdiction of the subject 
  4.17  matter and the parties, the receiving court may not dismiss 
  4.18  because of a statute of limitations a claim that would not be 
  4.19  dismissed on that ground by the transferring court. 
  4.20     Sec. 10.  [552.24] [DATE OF FILING.] 
  4.21     The receiving court shall treat the matters transferred as 
  4.22  if they were initially filed on the date of filing in the 
  4.23  transferring court. 
  4.24     Sec. 11.  [552.25] [PROCEEDINGS COMMENCED IN TRANSFERRING 
  4.25  COURT.] 
  4.26     A proceeding completed in the transferring court before 
  4.27  transfer has the same effect in the receiving court as in the 
  4.28  transferring court unless the receiving court orders otherwise.  
  4.29  A proceeding pending at the time of transfer must be completed 
  4.30  by the receiving court according to the procedural rules of the 
  4.31  transferring court, measuring applicable time limits as if the 
  4.32  proceeding had been initiated ten days after the transfer took 
  4.33  effect, unless otherwise ordered by the transferring court or 
  4.34  the receiving court. 
  4.35     Sec. 12.  [552.26] [OUTSTANDING ORDERS.] 
  4.36     An injunction or other order in effect at the time of 
  5.1   transfer remains in effect after transfer according to its terms 
  5.2   until vacated or amended by the receiving court.  The receiving 
  5.3   court may vacate or amend an order made by the transferring 
  5.4   court as if it had entered the order. 
  5.5      Sec. 13.  [552.27] [TRANSFER OF COUNSEL.] 
  5.6      The receiving court should permit counsel of record in the 
  5.7   transferring court to appear and may require local counsel to 
  5.8   appear if necessary to ensure orderly disposition of the 
  5.9   transferred matters.  The law that would be applied by the 
  5.10  transferring court governs contracts between clients and counsel 
  5.11  who appeared in the transferring court and any ground advanced 
  5.12  to disqualify counsel who appeared in the transferring court.  
  5.13     Sec. 14.  [552.28] [RETURN FOR LACK OF JURISDICTION.] 
  5.14     If the receiving court determines after accepting transfer 
  5.15  that it lacks jurisdiction of all or part of the matters 
  5.16  transferred by a court that had jurisdiction, it may return that 
  5.17  matter and any additional matters to the transferring court. 
  5.18     Sec. 15.  [552.29] [RETURN PURSUANT TO TRANSFER ORDER.] 
  5.19     The receiving court may return any transferred matter to 
  5.20  the transferring court pursuant to the terms of the transfer 
  5.21  order. 
  5.22     Sec. 16.  [552.30] [NOTICE OF RETURN; WHEN RETURN 
  5.23  EFFECTIVE.] 
  5.24     A receiving court shall notify the parties of a return 
  5.25  order.  A party or the receiving court may file the return order 
  5.26  in the transferring court.  The return takes effect when the 
  5.27  return order is filed in the transferring court. 
  5.28     Sec. 17.  [552.31] [FURTHER TRANSFER.] 
  5.29     A receiving court may transfer back a transferred matter to 
  5.30  the transferring court or transfer the matter to another court 
  5.31  pursuant to sections 552.01 to 552.09. 
  5.32     Sec. 18.  [552.32] [APPELLATE REVIEW IN STATE OF RECEIVING 
  5.33  COURT.] 
  5.34     An order granting a transfer is not reviewable in the state 
  5.35  of the receiving court by appeal or otherwise.  An order 
  5.36  accepting or refusing to accept a transfer, or granting or 
  6.1   refusing to grant a return, is reviewable in the state of the 
  6.2   receiving court only by extraordinary writ or permissive 
  6.3   interlocutory appeal at the time the order is entered.  Review 
  6.4   may be had in the state of the receiving court of all other 
  6.5   orders or rulings made by the receiving court and of all orders 
  6.6   or rulings other than the order granting transfer made by the 
  6.7   transferring court and not reviewed before the transfer took 
  6.8   effect. 
  6.9                              ARTICLE 3
  6.10     Section 1.  [552.41] [SHORT TITLE.] 
  6.11     This act may be cited as the uniform transfer of litigation 
  6.12  act. 
  6.13     Sec. 2.  [DEFINITION.] 
  6.14     The term "this act," when used in articles 1 to 3, refers 
  6.15  to articles 1 to 3.