SF 1061

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

  1.1                          A bill for an act
  1.2             relating to landlord tenant; forcible entry and 
  1.3             unlawful detainer; providing a partial refund of the 
  1.4             filing fee in matters resolved after one court 
  1.5             appearance; amending Minnesota Statutes 1994, section 
  1.6             566.07. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 566.07, is 
  1.9   amended to read: 
  1.10     566.07 [ANSWER; TRIAL.] 
  1.11     After the return of the summons, at the time and place 
  1.12  appointed therein, the defendant, on appearing, may answer the 
  1.13  complaint, and all matters in excuse, justification, or 
  1.14  avoidance of the allegations thereof shall be set up in the 
  1.15  answer; and thereupon the court shall hear and determine the 
  1.16  action, unless it shall adjourn the trial as provided in section 
  1.17  566.08, but either party may demand a trial by jury.  The 
  1.18  proceedings in such action shall be the same as in other civil 
  1.19  actions, except as in this chapter otherwise provided.  The 
  1.20  court, in scheduling appearances and hearings under this 
  1.21  section, shall give priority to any unlawful detainer brought 
  1.22  under section 504.181, or on the basis that the tenant is 
  1.23  causing a nuisance or seriously endangers the safety of other 
  1.24  residents, their property, or the landlord's property.  
  1.25     If all matters in an issue are resolved with one court 
  1.26  appearance, the court administrator shall refund to each party 
  2.1   one-half of all filing fees paid by that party. 
  2.2      Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.3      Section 1 is effective August 1, 1995, and applies to court 
  2.4   appearances in actions for forcible entry and unlawful detainer 
  2.5   on and after that date.