SF 149

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 01/30/2012 03:07pm

1.1A bill for an act

1.2relating to civil actions; regulating certain conciliation court claims; permitting
1.3appeals of certain court orders related to class actions;amending Minnesota
1.4Statutes 2010, section 491A.01, subdivision 3; proposing coding for new law in
1.5Minnesota Statutes, chapter 540.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to
1.8read:
1.9    Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
1.10conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
1.11amount of money or property that is the subject matter of the claim does not exceed: (1)
1.12$7,500; (2) $4,000, $10,000 or $5,000 if the claim involves a consumer credit transaction;
1.13or (3) (2) $15,000, if the claim involves money or personal property subject to forfeiture
1.14under section 609.5311, 609.5312, 609.5314, or 609.5318. "Consumer credit transaction"
1.15means a sale of personal property, or a loan arranged to facilitate the purchase of personal
1.16property, in which:
1.17(1) credit is granted by a seller or a lender who regularly engages as a seller or
1.18lender in credit transactions of the same kind;
1.19(2) the buyer is a natural person;
1.20(3) the claimant is the seller or lender in the transaction; and
1.21(4) the personal property is purchased primarily for a personal, family, or household
1.22purpose and not for a commercial, agricultural, or business purpose.
1.23(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
1.24territorial jurisdiction of conciliation court is coextensive with the county in which the
1.25court is established. The summons in a conciliation court action under subdivisions 6 to
2.110 may be served anywhere in the state, and the summons in a conciliation court action
2.2under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.3by law. The court administrator shall serve the summons in a conciliation court action
2.4by first class mail, except that if the amount of money or property that is the subject of
2.5the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.6and service on nonresident defendants must be made in accordance with applicable law
2.7or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
2.8documents at trial may be served anywhere within the state in the manner provided by law.
2.9When a court administrator is required to summon the defendant by certified mail
2.10under this paragraph, the summons may be made by personal service in the manner
2.11provided in the Rules of Civil Procedure for personal service of a summons of the district
2.12court as an alternative to service by certified mail.
2.13EFFECTIVE DATE.This section is effective August 1, 2012, and applies to claims
2.14filed on or after that date.

2.15    Sec. 2. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
2.16A court order certifying a class action, refusing to certify a class action, or denying a
2.17motion to decertify a class action is appealable as a matter of right. While an appeal under
2.18this subdivision is pending, all discovery and other proceedings in the district court are
2.19automatically stayed, except that upon the motion of a party the district court may lift the
2.20stay, in whole or in part, for good cause shown.
2.21EFFECTIVE DATE.This section is effective July 1, 2012, and applies to orders
2.22issued on or after that date.