Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 346-S.F.No. 1323 
           An act relating to statutes; conforming various laws 
          to judicial decisions of unconstitutionality and 
          suggestions for clarity; amending Minnesota Statutes 
          1986, sections 169.123, subdivision 7; 325B.15; 
          466.07, subdivision 1; 487.01, subdivisions 2, 3, and 
          4; 487.21, subdivision 4; 487.23, subdivisions 1, 2, 
          and 3; 487.25, subdivisions 1 and 2; 487.33, 
          subdivision 1; 488A.01, subdivision 14; 488A.18, 
          subdivision 14; 501.35; and 525.712; repealing 
          Minnesota Statutes 1986, sections 466.03, subdivision 
          2; 487.39; and 595.04. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 169.123, 
subdivision 7, is amended to read: 
    Subd. 7.  [APPEAL.] Any party aggrieved by the decision of 
the reviewing court may appeal the decision as provided in 
section 487.39 the rules of appellate procedure. 
    Sec. 2.  Minnesota Statutes 1986, section 325B.15, is 
amended to read: 
    325B.15 [COVERAGE.] 
    The provisions of sections 325B.01 to 325B.17 shall cover 
agreements in existence on May 28, 1977, as well as agreements 
entered into after May 28, 1977. 
     Sec. 3.  Minnesota Statutes 1986, section 466.07, 
subdivision 1, is amended to read:  
    Subdivision 1.  [AUTHORITY TO INDEMNIFY.] The governing 
body of any municipality may defend, save harmless, and 
indemnify any of its officers and employees, whether elective or 
appointive, against any tort claim or demand, whether groundless 
or otherwise, arising out of an alleged act or omission 
occurring in the performance of duty.  Any independent board or 
commission of the municipality having authority to disburse 
funds for a particular function without approval of the 
governing body may similarly defend, save harmless, and 
indemnify its officers and employees against such tort claims or 
demands.  
    Notwithstanding any provisions to the contrary in section 
127.03, subdivision 2 or 466.12, this section applies to all 
school districts, however organized. 
    Sec. 4.  Minnesota Statutes 1986, section 487.01, 
subdivision 2, is amended to read:  
    Subd. 2.  The county board of a county to which sections 
487.01 to 487.39 487.38 apply shall provide and furnish to the 
county court the courtrooms, quarters, supplies, equipment and 
personnel the court finds necessary for its purposes. 
    Sec. 5.  Minnesota Statutes 1986, section 487.01, 
subdivision 3, is amended to read:  
    Subd. 3.  The following combined probate and county court 
districts are established:  Kittson, Roseau and Lake of the 
Woods; Marshall, Red Lake and Pennington; Norman and Mahnomen; 
Cass and Hubbard; Wadena and Todd; Mille Lacs and Kanabec; Big 
Stone and Traverse; Grant and Douglas; Lincoln and Lyon; Rock 
and Nobles; Dodge and Olmsted; Lake and Cook; Pine, Isanti and 
Chisago; Sherburne, Benton and Stearns.  Notwithstanding the 
provisions of this paragraph the separation of combined county 
court districts by concurrent action of county boards before 
April 23, 1977, shall continue to be in effect unless the 
districts are combined pursuant to subdivision 6. 
    A combined county court district may be separated into 
single county courts by the supreme court.  Vacancies in the 
office of judge created by such a separation shall be filled in 
the manner herein provided for the selection of other county 
court judges. 
    The single county court districts so created by such 
separation shall each be entitled to one judge, subject to the 
provisions of subdivision 5, clause (5), provided, however, that 
if the number of judges of the combined county court district 
exceeds the number of counties, then, upon separation into 
single county court districts, the county having the largest 
population determined by the last United States census shall be 
entitled to two judges and in the event there are more judges 
than counties remaining, the county having the next largest 
population determined by the last United States census shall 
also be entitled to two judges. 
    In each other county except Hennepin and Ramsey, the 
probate court of the single county is also the county court of 
the county and shall be governed by the provisions of sections 
487.01 to 487.39 487.38. 
    Sec. 6.  Minnesota Statutes 1986, section 487.01, 
subdivision 4, is amended to read:  
    Subd. 4.  The provisions of sections 487.01 to 487.39 
487.38 do not apply to the counties of Hennepin and Ramsey. 
    Sec. 7.  Minnesota Statutes 1986, section 487.21, 
subdivision 4, is amended to read:  
    Subd. 4.  If a municipality is located in more than one 
county court district, or in more than one county within a 
county court district, the county in which the city hall of the 
municipality is located determines the county or county court 
district in which the municipality shall be deemed located for 
the purposes of sections 487.01 to 487.39 487.38 provided, 
however, that the municipality by ordinance enacted may 
designate, for those purposes, some other county or district in 
which a part of the municipality is located.  
    Sec. 8.  Minnesota Statutes 1986, section 487.23, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GENERAL.] Pleading, practice, procedure 
and forms in civil actions shall be governed by rules of civil 
procedure for county courts which shall be adopted by the 
supreme court.  Until the rules become effective, such matters 
are governed by the rules for municipal courts and rules 
promulgated from time to time by the supreme court or by the 
statutes governing the district court insofar as the rules 
promulgated by the supreme court do not contain any applicable 
provision.  The provisions of sections 487.01 to 487.39 487.38 
relating to pleading, practice and procedure in civil actions 
shall be effective as rules of court until modified or 
superseded by the rules hereafter adopted by the supreme court.  
Rules or statutory provisions modified or superseded by the 
rules of civil procedure for county courts adopted by the 
supreme court shall be of no effect in any county court from and 
after the effective date of said adopted rules. 
    Sec. 9.  Minnesota Statutes 1986, section 487.23, 
subdivision 2, is amended to read:  
    Subd. 2.  [COURT RULES.] The court may adopt rules 
governing pleading, practice, procedure and forms for civil 
actions which are not inconsistent with the provisions of 
sections 487.01 to 487.39 487.38, the rules for county courts 
promulgated by the supreme court, or governing statutes. 
    Sec. 10.  Minnesota Statutes 1986, section 487.23, 
subdivision 3, is amended to read:  
    Subd. 3.  [NOTES OF ISSUE; DEMAND FOR JURY TRIAL; WAIVER OF 
JURY TRIAL.] (a) A party desiring to place a civil cause upon 
the calendar for trial after issue is joined shall serve a note 
of issue on all other parties and file it with the court 
administrator, with proof of service within ten days after 
service.  The note of issue shall state whether the issues are 
of law or fact, whether trial by jury is demanded or waived, and 
the name and address of the respective counsel. 
    (b) If any other party to the action desires a trial by 
jury when none is demanded in the note of issue served upon the 
party, the party shall serve a demand for trial by a jury on all 
other parties to the action and file it with the court 
administrator, with proof of service, within ten days after the 
note of issue was served upon the party. 
    (c) If a jury is not demanded at the time and in the manner 
provided in sections 487.01 to 487.39 487.38, all parties waive 
trial by jury.  Jury trial may be waived also in the manner 
provided by rule 38.02 of the rules for municipal courts 
promulgated by the supreme court and rules promulgated by the 
supreme court from time to time for county courts. 
    Sec. 11.  Minnesota Statutes 1986, section 487.25, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GENERAL.] Except as otherwise provided in 
sections 487.01 to 487.39 487.38 but subject to the provisions 
of section 480.059, pleading, practice, procedure and forms in 
actions or proceedings charging violation of a criminal law or a 
municipal ordinance, charter provision or rule are governed by 
the rules of criminal procedure. 
    Sec. 12.  Minnesota Statutes 1986, section 487.25, 
subdivision 2, is amended to read:  
    Subd. 2.  [COURT RULES.] The court may adopt rules 
governing pleading, practice, procedure and forms in actions or 
proceedings charging a violation of a criminal law or a 
municipal ordinance, charter provision or rule.  The rules shall 
be consistent with the rules of criminal procedure, the 
provisions of sections 487.01 to 487.39 487.38 and any other 
statute of this state. 
    Sec. 13.  Minnesota Statutes 1986, section 487.33, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DISPOSITION.] Except as otherwise provided 
by sections 487.01 to 487.39 487.38 or 574.34, the court 
administrator shall pay to the county treasurer all fines, 
penalties and fees collected by the court administrator, all 
sums forfeited to the court and all other money received by the 
court administrator no later than the tenth day of the month 
following the month of collection. 
    Sec. 14.  Minnesota Statutes 1986, section 488A.01, 
subdivision 14, is amended to read:  
    Subd. 14.  [APPEALS.] Appeals from the county municipal 
court to the court of appeals shall be subject to the provisions 
of section 487.39 and the rules of appellate procedure. 
    Sec. 15.  Minnesota Statutes 1986, section 488A.18, 
subdivision 14, is amended to read:  
    Subd. 14.  [APPEALS.] Appeals from the county municipal 
court to the court of appeals shall be subject to the provisions 
of section 487.39 and the rules of appellate procedure. 
    Sec. 16.  Minnesota Statutes 1986, section 501.35, is 
amended to read:  
    501.35 [MAY APPLY TO COURT FOR INSTRUCTIONS.] 
    Any trustee of an express trust by will or other written 
instrument whose appointment has been confirmed, or any 
beneficiary of that trust, may petition the court then having 
jurisdiction of the trust as a proceeding in rem, and any 
trustee of an express trust by will or other written instrument 
whose appointment has not been confirmed, or any beneficiary of 
that trust, may petition the district or county court of the 
county in which the unconfirmed trustee resides or has a place 
of business, for instructions in the administration of the 
trust, for the confirmation of any action taken by the trustee, 
for a construction of the trust instrument, or upon or after the 
filing of any account, for the settlement and allowance 
thereof.  Upon the filing of the petition, the court shall make 
an order fixing a time and place for hearing it, unless hearing 
has been waived in writing by the beneficiaries of the trust 
then in being.  Notice of hearing shall be given by publishing a 
copy of the order one time in a legal newspaper of the county at 
least 20 days before the date of the hearing, and by mailing a 
copy of it to each beneficiary of the trust then in being, at 
each beneficiary's last known address, at least ten days before 
the date of the hearing or in any other manner as the court 
orders.  If the court deems further notice necessary, it shall 
be given in the manner specified in the order.  At the hearing 
the court shall make such order as it deems appropriate.  The 
order shall be final and conclusive as to all matters determined 
by it and binding in rem upon the trust estate and upon the 
interests of all beneficiaries, vested or contingent, even 
though unascertained or not in being, except that appeal may be 
taken in the manner provided in section 487.39 the rules of 
appellate procedure.  
    Sec. 17.  Minnesota Statutes 1986, section 525.712, is 
amended to read:  
    525.712 [REQUISITES.] 
    The appeal may be taken by any person aggrieved within 30 
days after service of notice of the filing of the order, 
judgment, or decree appealed from, or if no notice be served, 
within six months after the filing of the order, judgment, or 
decree.  Except as provided in this section, the appeal shall be 
perfected and determined upon the record as provided in sections 
484.63 and 487.39 the rules of appellate procedure. 
    Sec. 18.  [REPEALER.] 
    Minnesota Statutes 1986, sections 466.03, subdivision 2; 
487.39; and 595.04, are repealed. 
    Approved June 1, 1987