Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 582-H.F.No. 1844 
           An act relating to courts; prescribing when a 
          referee's orders become effective; requiring a study 
          of the control and financing of the district courts; 
          amending Minnesota Statutes 1986, section 484.70, 
          subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 484.70, 
subdivision 7, is amended to read:  
    Subd. 7.  The duties and powers of referees shall be as 
follows:  
    (a) Hear and report all matters assigned by the chief judge.
    (b) Recommend findings of fact, conclusions of law, 
temporary and interim orders, and final orders for judgment.  
    (c) All recommended orders and findings of a referee shall 
be subject to confirmation by a judge.  Review of any 
recommended order or finding of a referee by a judge may be by 
notice served and filed within ten days of effective notice of 
the recommended order or finding.  The notice of review shall 
specify the grounds for review and the specific provisions of 
the recommended findings or orders disputed, and the court, upon 
receipt of a notice of review, shall set a time and place for a 
review hearing.  
     (c)  Upon the conclusion of the hearing in each case, the 
referee shall transmit to a judge the court file together with 
recommended findings and orders in writing.  The recommended 
findings and orders of a referee become the findings and orders 
of the court when confirmed by a judge.  The order of the court 
shall be proof of such confirmation, and also of the fact that 
the matter was duly referred to the referees. 
    (d) Upon the conclusion of the hearing in each case, the 
referee shall transmit to a judge the court file together with 
recommended findings and orders in writing.  The recommended 
findings and orders of a referee become the findings and orders 
of the court when confirmed by a judge.  The order of the court 
shall be proof of such confirmation, and also of the fact that 
the matter was duly referred to the referees.  Review of any 
recommended order or finding of a referee by a judge may be by 
notice served and filed within ten days of effective notice of 
the recommended order or finding.  The notice of review shall 
specify the grounds for review and the specific provisions of 
the recommended findings or orders disputed, and the court, upon 
receipt of a notice of review, shall set a time and place for a 
review hearing.  
    (e) All orders and findings recommended by a referee become 
an effective order when countersigned by a judge and remain 
effective during the pendency of a review, including a remand to 
the referee, unless a judge:  
    (1) expressly stays the effect of the order; 
    (2) changes the order during the pendency of the review; or 
    (3) changes or vacates the order upon completion of the 
review. 
     Sec. 2.  [STUDY TASK FORCE.] 
    The supreme court, in consultation with the association of 
Minnesota counties, shall appoint a task force to study the 
relationship between the district court and the counties of the 
state and to make recommendations regarding the control and 
financing of the district courts.  The task force shall report 
its findings and recommendations to the legislature by February 
1, 1989. 
    Approved April 21, 1988