SF 1017

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) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
  2.4   ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
  2.5   MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
  2.6   MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
  2.7   DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
  2.8   ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION 
  2.9   OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE 
  2.10  MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT 
  2.11  PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF 
  2.12  ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE 
  2.13  NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY 
  2.14  THE COURT IN LATER PROCEEDINGS.  
  2.15     (b) Upon service of the summons, the restraining provisions 
  2.16  contained in the notice apply by operation of law upon both 
  2.17  parties until modified by further order of the court or 
  2.18  dismissal of the proceeding, unless more than one year has 
  2.19  passed since the last document was filed with the court. 
  2.20     Sec. 2.  [543.22] [CIVIL ACTION SUMMONS NOTICE; ALTERNATIVE 
  2.21  DISPUTE RESOLUTION PROCESS.] 
  2.22     When a civil case is commenced against a party, the summons 
  2.23  must include a statement that provides the opposing party with 
  2.24  information about the alternative dispute resolution process as 
  2.25  set forth in the Minnesota General Rules of Practice.