Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 190-H.F.No. 1314 
           An act relating to courts; conforming fees for the 
          filing of an unlawful detainer action in Hennepin 
          county with other civil fees and unlawful detainer 
          fees collected throughout the state; changing Hennepin 
          county conciliation court filing and counterclaim fees;
          amending Minnesota Statutes 1986, sections 488A.03, 
          subdivision 11; and 488A.14, subdivisions 1 and 5.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 488A.03, 
subdivision 11, is amended to read:  
    Subd. 11.  [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 
fees payable to the administrator for services are the same in 
amount as the fees then payable to the district court of 
Hennepin county for like services except that upon the filing of 
an unlawful detainer action a fee of $10 is payable by the 
plaintiff, in addition to any library fee otherwise required, 
when the action is entered in court or when the first paper on 
the plaintiff's part is filed.  Library and filing fees are not 
required of the defendant in an unlawful detainer action.  The 
fees payable to the administrator for all other services of the 
administrator or the court shall be fixed by rules promulgated 
by a majority of the judges. 
    (b) Fees are payable to the administrator in advance.  
    (c) Judgments will be entered only upon written application.
    (d) The following fees shall be taxed in all cases where 
applicable:  (a) The state of Minnesota and any governmental 
subdivision within the jurisdictional area of any municipal 
court herein established may present cases for hearing before 
said municipal court; (b) In the event the court takes 
jurisdiction of a prosecution for the violation of a statute or 
ordinance by the state or a governmental subdivision other than 
a city or town in Hennepin county, all fines, penalties, and 
forfeitures collected shall be paid over to the treasurer of the 
governmental subdivision which submitted a case for prosecution 
under ordinance violation and to the county treasurer in all 
other cases except where a different disposition is provided by 
law, in which case, payment shall be made to the public official 
entitled thereto.  The following fees shall be taxed to the 
county or to the state or governmental subdivision which would 
be entitled to payment of the fines, forfeiture or penalties in 
any case, and shall be paid to the court administrator for 
disposing of the matter: 
    (1) In all cases where the defendant is brought into court 
and pleads guilty and is sentenced, or the matter is otherwise 
disposed of without trial .......... $5. 
    (2) In arraignments where the defendant waives a 
preliminary examination .......... $10. 
    (3) In all other cases where the defendant stands trial or 
has a preliminary examination by the court .......... $15. 
    (4) In all cases where a defendant was issued a statute, 
traffic or ordinance violation tag and a fine is paid or the 
case is otherwise disposed of in a violations bureau .......... 
$1. 
     (5)  Upon the effective date of a $2 increase in the 
expired meter fine schedule that is enacted on or after August 
1, 1987, the amount payable to the court administrator must be 
increased by $1 for each expired meter violation disposed of in 
a violations bureau. 
    Sec. 2.  Minnesota Statutes 1986, section 488A.14, 
subdivision 1, is amended to read:  
    Subdivision 1.  [COMMENCEMENT OF ACTION.] An action is 
commenced against each defendant when the complaint is filed 
with the court administrator of conciliation court and a filing 
fee of $2 $9 is paid to the court administrator or the 
prescribed affidavit in lieu of filing fee is filed. 
    Sec. 3.  Minnesota Statutes 1986, section 488A.14, 
subdivision 5, is amended to read:  
    Subd. 5.  [COUNTERCLAIM.] (a) The defendant may interpose 
as counterclaim any claim within the jurisdiction of the court 
which the defendant has against the plaintiff whether or not 
arising out of the transaction or occurrence which is the 
subject matter of the plaintiff's claim. 
    (b) The counterclaim shall be interposed by filing with the 
court administrator a brief statement of the amount, date of 
accrual and nature of the counterclaim, verified by the 
defendant or the defendant's attorney, and paying a filing fee 
of $2 $9 to the court administrator.  If the defendant is not 
represented by an attorney the court administrator shall draw up 
the counterclaim on request.  
    (c) The court administrator shall note the filing of the 
counterclaim on the original claim, promptly notify the 
plaintiff or the plaintiff's attorney by mail of the filing and 
set the counterclaim for hearing on the same date as the 
original claim. 
    (d) The counterclaim shall be filed not less than five days 
before the date set for court hearing.  The judge may thereafter 
allow the filing of a written or oral counterclaim before or 
after hearing the merits of the claim and counterclaim.  The 
judge may require the payment of absolute or conditional costs 
up to $25 by the defendant as a condition of allowing late 
filing in the event that a continuance is requested by the 
plaintiff and is granted because of such late filing. 
    (e) If the defendant has a counterclaim arising out of the 
same transaction or occurrence which exceeds the jurisdiction of 
the court and the defendant files an affidavit, personally or 
through an attorney, with the court administrator not less than 
five days before the date set for court hearing showing that the 
defendant has filed with the court administrator of a specified 
other court of competent jurisdiction a summons and complaint 
seeking recovery from the plaintiff on the counterclaim and 
stating the nature and amount thereof, the court administrator 
shall strike the action from the calendar and so advise the 
plaintiff or the plaintiff's attorney by mail.  If the plaintiff 
not less than 30 days nor more than three years after the filing 
of such an affidavit shall file an affidavit showing that the 
plaintiff has not been served with a summons in the other action 
or that the other action has been finally determined, the court 
administrator shall again set the cause for court hearing and 
summon the defendant in the same manner as for the initial 
hearing and the court shall proceed to hear and determine 
plaintiff's claim.  If no such counter affidavit is filed by 
plaintiff within three years, the plaintiff's original claim is 
dismissed without prejudice without any further action by the 
court administrator or any judge.  Prior to the expiration of 
this three-year period the plaintiff's original claim may be 
dismissed by plaintiff or by court order at a hearing upon 
motion of the defendant. 
    Approved May 20, 1987