as introduced - 88th Legislature (2013 - 2014) Posted on 04/02/2013 12:43pm
A bill for an act
relating to civil actions; providing for the survival or continuation of an action
after the death or disability of a party; proposing coding for new law in Minnesota
Statutes, chapter 540; repealing Minnesota Statutes 2012, section 573.01.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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An action does not abate by the death or other disability of a party or by the transfer
of any interest therein if the cause of action survives or continues.
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This section is effective August 1, 2013, and applies to causes
of action commenced on or after that date.
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A cause of action survives the death of a party to the action. The action may be
brought by or against the personal representative or successors in interest of the deceased
party. A cause of action for death by wrongful act or omission is governed by section
573.02. Nothing in this chapter or chapter 573 shall be construed as precluding the
personal representative or successors in interest of the deceased party from pursuing a
wrongful death action pursuant to section 573.02 and other causes of action arising from
the same occurrence.
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This section is effective August 1, 2013, and applies to causes
of action commenced on or after that date.
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Minnesota Statutes 2012, section 573.01,
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is repealed.
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This section is effective August 1, 2013, and applies to causes
of action commenced on or after that date.
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