SF 2742

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; changing the time for filing a 
  1.3             notice to remove; requiring a study of medical support 
  1.4             statutes; eliminating certain requirements; amending 
  1.5             Minnesota Statutes 1998, section 542.16, subdivision 
  1.6             1; repealing Minnesota Statutes 1998, sections 
  1.7             144.224; 518.147; and 518.583. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 542.16, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [INITIAL DISQUALIFICATION.] Any party, or 
  1.12  the party's attorney, to a cause pending in a district court, 
  1.13  within one day after it is ascertained which judge is to preside 
  1.14  at the trial or hearing thereof, or at the hearing of any motion 
  1.15  or order to show cause, except for a proceeding under section 
  1.16  484.702, may make and file with the court administrator in which 
  1.17  the action is pending and serve on the opposite party a notice 
  1.18  to remove.  The notice must be served and filed within ten days 
  1.19  after the party receives notice of which judge or judicial 
  1.20  officer is to preside at the trial or hearing, or, if no notice 
  1.21  of a hearing is served with the summons, then within the time to 
  1.22  answer the summons, whichever is later.  Thereupon without any 
  1.23  further act or proof, the chief judge of the judicial district 
  1.24  shall assign any other judge of any court within the district to 
  1.25  preside at the trial of the cause or the hearing of the motion 
  1.26  or order to show cause, and the cause shall be continued on the 
  2.1   calendar, until the assigned judge can be present.  In criminal 
  2.2   actions the notice to remove shall be made and filed with the 
  2.3   court administrator by the defendant, or the defendant's 
  2.4   attorney, not less than two days before the expiration of the 
  2.5   time allowed by law to prepare for trial and in any of those 
  2.6   cases the presiding judge shall be incapacitated to try the 
  2.7   cause.  In criminal cases, the chief judge, for the purpose of 
  2.8   securing a speedy trial, may change the place of trial to 
  2.9   another county. 
  2.10     Sec. 2.  [MEDICAL SUPPORT RECOMMENDATIONS.] 
  2.11     The commissioner of human services, in consultation with 
  2.12  the commissioner's advisory committee, shall study and make 
  2.13  recommendations for changes to the medical support statutes 
  2.14  under Minnesota Statutes, chapter 518.  The commissioner shall 
  2.15  consider the medical support recommendations from the federal 
  2.16  medical support workgroup created in the Federal Child Support 
  2.17  Performance and Incentive Act of 1998, Public Law Number 
  2.18  105-200, section 401.  
  2.19     The commissioner shall submit legislative recommendations 
  2.20  to the chairs of the senate judiciary committee and the house 
  2.21  civil law committee by January 15, 2001. 
  2.22     Sec. 3.  [REPEALER.] 
  2.23     Minnesota Statutes 1998, sections 144.224; 518.147; and 
  2.24  518.583, are repealed.