SF 693

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 08:53am

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:

Section 1.

[540.115] ACTION CONTINUES WHERE CAUSE OF ACTION
SURVIVES.

A pending 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.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to causes
of action commenced on or after that date.

Sec. 2.

[540.116] CAUSES OF ACTION SURVIVING DEATH OF PARTY;
BROUGHT BY OR AGAINST LEGAL REPRESENTATIVE.

Any pending injury or noninjury cause of action survives the death of a party to
the action. The personal representatives of the deceased may be substituted as plaintiff
and prosecute the suit to final judgment and satisfaction. 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 for all damages
sustained before death pursuant to section 573.02 and other causes of action arising from
the same occurrence.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to causes
of action commenced on or after that date.

Sec. 3. REPEALER.

Minnesota Statutes 2012, section 573.01, is repealed.

EFFECTIVE DATE.

This section is effective August 1, 2013, and applies to causes
of action commenced on or after that date.