Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 591-S.F.No. 1691
An act relating to courts; authorizing certain
appearances in conciliation court; modifying and
clarifying conciliation court jurisdiction and
procedures; increasing jurisdictional amounts;
amending Minnesota Statutes 1990, sections 487.30,
subdivisions 1, 3a, 4, 7, 8, and by adding
subdivisions; 488A.12, subdivision 3; 488A.16,
subdivision 1; 488A.17, subdivision 10, and by adding
a subdivision; 488A.29, subdivision 3; 488A.33,
subdivision 1; 488A.34, subdivision 9, and by adding a
subdivision; and 549.02; Minnesota Statutes 1991
Supplement, section 481.02, subdivision 3; repealing
Minnesota Statutes 1990, sections 487.30, subdivision
3; 488A.14, subdivision 6; and 488A.31, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1991 Supplement, section
481.02, subdivision 3, is amended to read:
Subd. 3. [PERMITTED ACTIONS.] The provisions of this
section shall not prohibit:
(1) any person from drawing, without charge, any document
to which the person, an employer of the person, a firm of which
the person is a member, or a corporation whose officer or
employee the person is, is a party, except another's will or
testamentary disposition or instrument of trust serving purposes
similar to those of a will;
(2) a person from drawing a will for another in an
emergency if the imminence of death leaves insufficient time to
have it drawn and its execution supervised by a licensed
attorney-at-law;
(3) any insurance company from causing to be defended, or
from offering to cause to be defended through lawyers of its
selection, the insureds in policies issued or to be issued by
it, in accordance with the terms of the policies;
(4) a licensed attorney-at-law from acting for several
common-carrier corporations or any of its subsidiaries pursuant
to arrangement between the corporations;
(5) any bona fide labor organization from giving legal
advice to its members in matters arising out of their
employment;
(6) any person from conferring or cooperating with a
licensed attorney-at-law of another in preparing any legal
document, if the attorney is not, directly or indirectly, in the
employ of the person or of any person, firm, or corporation
represented by the person;
(7) any licensed attorney-at-law of Minnesota, who is an
officer or employee of a corporation, from drawing, for or
without compensation, any document to which the corporation is a
party or in which it is interested personally or in a
representative capacity, except wills or testamentary
dispositions or instruments of trust serving purposes similar to
those of a will, but any charge made for the legal work
connected with preparing and drawing the document shall not
exceed the amount paid to and received and retained by the
attorney, and the attorney shall not, directly or indirectly,
rebate the fee to or divide the fee with the corporation;
(8) any person or corporation from drawing, for or without
a fee, farm or house leases, notes, mortgages, chattel
mortgages, bills of sale, deeds, assignments, satisfactions, or
any other conveyances except testamentary dispositions and
instruments of trust;
(9) a licensed attorney-at-law of Minnesota from rendering
to a corporation legal services to itself at the expense of one
or more of its bona fide principal stockholders by whom the
attorney is employed and by whom no compensation is, directly or
indirectly, received for the services;
(10) any person or corporation engaged in the business of
making collections from engaging or turning over to an
attorney-at-law for the purpose of instituting and conducting
suit or making proof of claim of a creditor in any case in which
the attorney-at-law receives the entire compensation for the
work;
(11) any regularly established farm journal or newspaper,
devoted to general news, from publishing a department of legal
questions and answers to them, made by a licensed
attorney-at-law, if no answer is accompanied or at any time
preceded or followed by any charge for it, any disclosure of any
name of the maker of any answer, any recommendation of or
reference to any one to furnish legal advice or services, or by
any legal advice or service for the periodical or any one
connected with it or suggested by it, directly or indirectly;
(12) any authorized management agent of an owner of rental
property used for residential purposes, whether the management
agent is a natural person, corporation, partnership, limited
partnership, or any other business entity, from commencing,
maintaining, conducting, or defending in its own behalf any
action in any court in this state to recover or retain
possession of the property, except that the provision of this
clause does not authorize a person who is not a licensed
attorney-at-law to conduct a jury trial or to appear before a
district court or the court of appeals or supreme court pursuant
to an appeal;
(13) any person from commencing, maintaining, conducting,
or defending on behalf of the plaintiff or defendant any action
in any court of this state pursuant to the provisions of section
566.175 or sections 566.18 to 566.33 or from commencing,
maintaining, conducting, or defending on behalf of the plaintiff
or defendant any action in any court of this state for the
recovery of rental property used for residential purposes
pursuant to the provisions of section 566.02 or 566.03,
subdivision 1, except that the provision of this clause does not
authorize a person who is not a licensed attorney-at-law to
conduct a jury trial or to appear before a district court or the
court of appeals or supreme court pursuant to an appeal, and
provided that, except for a nonprofit corporation, a person who
is not a licensed attorney-at-law shall not charge or collect a
separate fee for services rendered pursuant to this clause; or
(14) the delivery of legal services by a specialized legal
assistant in accordance with a specialty license issued by the
supreme court before July 1, 1995; or
(15) an officer, shareholder, director, partner, or
employee from appearing on behalf of a corporation, partnership,
sole proprietorship, or association in conciliation court in
accordance with section 8 or in district court in an action that
was removed from conciliation court.
Sec. 2. Minnesota Statutes 1990, section 487.30,
subdivision 1, is amended to read:
Subdivision 1. [JURISDICTION; GENERAL.] (a) Except as
provided in paragraph (b), The conciliation court shall hear and
determine civil claims if the amount of money or property which
is the subject matter of the claim does not exceed $4,000 $5,000
for the determination thereof without jury trial and by a simple
and informal procedure. The rules of the supreme court shall
provide for a right of appeal from the decision of the
conciliation court to the county district court for a trial on
the merits. Except as otherwise provided in this section, the
territorial jurisdiction of a conciliation court shall be
coextensive with the county in which the court is established.
(b) If the claim involves a consumer credit transaction,
the amount of money or property that is the subject matter of
the claim may not exceed $2,500. "Consumer credit transaction"
means a sale of personal property, or a loan arranged to
facilitate the purchase of personal property, in which:
(1) credit is granted by a seller or a lender who regularly
engages as a seller or lender in credit transactions of the same
kind;
(2) the buyer is a natural person;
(3) the claimant is the seller or lender in the
transaction; and
(4) the personal property is purchased primarily for a
personal, family, or household purpose and not for a commercial,
agricultural, or business purpose. The summons in an action
under subdivisions 3a to 4 may be served anywhere within the
state.
(b) If the controversy concerns the ownership or possession
of personal property the value of which does not exceed $5,000,
the court may determine the ownership and possession of the
property and order any party to deliver the property to another
party. The order is enforceable by the sheriff of the county in
which the property is located without further legal process.
Sec. 3. Minnesota Statutes 1990, section 487.30,
subdivision 3a, is amended to read:
Subd. 3a. [JURISDICTION; STUDENT LOANS.] Notwithstanding
the provisions of subdivision 1 or any rule of court to the
contrary, The conciliation court also has jurisdiction to
determine a civil action commenced by a plaintiff educational
institution, including but not limited to, a state university or
community college, with administrative offices in the county in
which the conciliation court is located, to recover the amount
of a student loan or loans even though the defendant or
defendants are not residents of the county under the following
conditions:
(a) the student loan or loans were originally awarded in
the county in which the conciliation court is located;
(b) the loan or loans are overdue at the time the action is
commenced;
(c) the amount sought in any single action does not exceed
$4,000;
(d) notice that payment on the loan is overdue has
previously been sent by first class mail to the borrower to the
last known address reported by the borrower to the educational
institution; and
(e) (c) the notice states that the educational institution
may commence a conciliation court action in the county where the
loan was awarded to recover the amount of the loan.
Notwithstanding any law or rule or civil procedure to the
contrary, a summons in any action commenced under this
subdivision may be served anywhere within the state of
Minnesota. The conciliation court administrator shall attach a
copy of the overdue loan or loans to the summons before it is
issued.
Sec. 4. Minnesota Statutes 1990, section 487.30, is
amended by adding a subdivision to read:
Subd. 3b. [JURISDICTION; FOREIGN DEFENDANTS.] (a) A
conciliation court action may be commenced against a foreign
corporation doing business in this state in the county where the
corporation's registered agent is located; in the county where
the cause of action arises, if the corporation has a place of
business in that county; or, if the corporation does not appoint
or maintain a registered agent in this state, in the county in
which the plaintiff resides.
(b) In the case of a nonresident other than a foreign
corporation, if this state has jurisdiction under section
543.19, a conciliation court action may be commenced against the
nonresident in the county in which the plaintiff resides.
Sec. 5. Minnesota Statutes 1990, section 487.30, is
amended by adding a subdivision to read:
Subd. 3c. [JURISDICTION; MULTIPLE DEFENDANTS.] A
conciliation court action may be commenced by a plaintiff
against two or more defendants in the county in which one or
more of the defendants resides. Counterclaims may be commenced
in the county where the original action was commenced.
Sec. 6. Minnesota Statutes 1990, section 487.30, is
amended by adding a subdivision to read:
Subd. 3d. [JURISDICTION; CERTAIN CLAIMS ARISING OUT OF
RENTAL PROPERTY.] An action under section 504.20 for the
recovery of a deposit on rental property, or an action under
section 504.245, 504.255, or 504.26, also may be brought in the
county in which the rental property is located.
Sec. 7. Minnesota Statutes 1990, section 487.30,
subdivision 4, is amended to read:
Subd. 4. [JURISDICTION; DISHONORED CHECKS.] The
conciliation court also has jurisdiction to determine a civil
action commenced by a plaintiff, resident of the county, to
recover the amount of a dishonored check issued in the county,
even though the defendant or defendants are not residents of the
county, if the notice of nonpayment or dishonor described in
section 609.535, subdivision 3, is sent to the maker or drawer
as specified therein and the notice states that the payee or
holder of the check may commence a conciliation court action in
the county where the dishonored check was issued to recover the
amount of the check. This subdivision does not apply to a check
that has been dishonored by a stop payment order.
Notwithstanding any law or rule of civil procedure to the
contrary, the summons in any action commenced under this
subdivision may be served anywhere within the state of
Minnesota. The court administrator of conciliation court shall
attach a copy of the dishonored check to the summons before it
is issued.
Sec. 8. Minnesota Statutes 1990, section 487.30, is
amended by adding a subdivision to read:
Subd. 4a. [ATTORNEYS; REPRESENTATION.] (a) A party to a
conciliation court action may appear without an attorney or may
be represented by an attorney when the conciliation court, in
its discretion, finds the interests of justice would best be
served by that representation, and it is limited to the extent
and in the manner that the judge considers helpful. The court
shall adopt simplified procedures to allow parties to represent
themselves.
(b) A corporation, partnership, sole proprietorship, or
association may be represented by an officer or partner who is
not an attorney or may appoint an employee who is not an
attorney to appear on its behalf or settle a claim in
conciliation court. If all the partners or shareholders of a
partnership, association, or corporation are attorneys, an
officer, partner, or employee who is an attorney may represent
the partnership, association, or corporation. In the case of an
employee, an authorized power of attorney or other evidence of
authority acceptable to the court must be filed with the claim
or presented at the hearing.
Sec. 9. Minnesota Statutes 1990, section 487.30,
subdivision 7, is amended to read:
Subd. 7. [NOTICE OF COSTS ON REMOVAL.] A notice of order
for judgment shall contain a statement that if the cause is
removed to county district court, the court may, in its
discretion, allow the prevailing party to recover from the
aggrieved party an amount not to exceed $50 as costs if the
prevailing party on appeal is not the aggrieved party in the
original action. The notice must also contain a statement that
if the removing party does not prevail, the opposing party will
be awarded costs as provided under subdivision 8, and must
include the actual dollar amount of costs applicable to the case.
Sec. 10. Minnesota Statutes 1990, section 487.30,
subdivision 8, is amended to read:
Subd. 8. [COSTS AND DISBURSEMENTS ON REMOVAL.] (a) For the
purpose of this subdivision, "removing party" means the party
who demands removal to district court or the first party who
serves or files a demand for removal, if another party also
demands removal. "Opposing party" means any party as to whom
the removing party seeks a reversal in whole or in part.
(b) If the removing party prevails in district court, the
removing party may recover costs from the opposing party as
provided by rules of the supreme court. If the removing party
does not prevail, the court shall award the opposing party an
additional $200 $250 as costs.
(c) The removing party prevails in district court if:
(1) the removing party recovers at least $500 or 50 percent
of the amount or value of property that the removing party
requested on removal, whichever is less, when the removing party
was denied any recovery in conciliation court;
(2) the opposing party does not recover any amount or any
property from the removing party in district court when the
opposing party recovered some amount or some property in
conciliation court;
(3) the removing party recovers an amount or value of
property in district court that exceeds the amount or value of
property that the removing party recovered in conciliation court
by at least $500 or 50 percent, whichever is less; or
(4) the amount or value of property that the opposing party
recovers from the removing party in district court is reduced
from the amount or value of property that the opposing party
recovered in conciliation court by at least $500 or 50 percent,
whichever is less.
(d) Costs or disbursements in conciliation or district
court shall not be considered in determining whether there was a
recovery by either party in either court or in determining the
difference in recovery under this subdivision.
Sec. 11. Minnesota Statutes 1990, section 487.30, is
amended by adding a subdivision to read:
Subd. 10. [JUDGMENT DEBTOR DISCLOSURE.] If a cause is
removed to district court, judgment is entered by the district
court and has been docketed for at least 30 days, the judgment
is not satisfied, and the parties have not otherwise agreed, the
district court shall, upon request of the judgment creditor,
order the judgment debtor to mail to the judgment creditor the
information on the judgment debtor's assets, liabilities, and
personal earnings specified in subdivision 5 on the form
provided by that subdivision. The remedies provided for a
violation of subdivision 5 apply to a violation of this
subdivision.
Sec. 12. Minnesota Statutes 1990, section 488A.12,
subdivision 3, is amended to read:
Subd. 3. [JURISDICTION.] (a) Excepting actions involving
title to real estate, the court has jurisdiction to hear,
conciliate, try, and determine civil actions at law where the
amount in controversy does not exceed the sum of $4,000, except
that if the action involves a consumer credit transaction, the
amount in controversy may not exceed $2,000. "Consumer credit
transaction" has the meaning given in section 487.30,
subdivision 1. The territorial jurisdiction of the court is
coextensive with the geographic boundaries of the county of
Hennepin.
(b) Notwithstanding the provisions of paragraph (a), or any
rule of court to the contrary, the conciliation court of
Hennepin county has jurisdiction to determine an action brought
pursuant to section 504.20 for the recovery of a deposit on
rental property located in whole or in part in Hennepin county,
and the summons in the action may be served anywhere within the
state of Minnesota.
(c) Notwithstanding the provisions of paragraph (a), or any
rule of court to the contrary, the conciliation court of
Hennepin county has jurisdiction to determine a civil action
commenced by a plaintiff, a resident of Hennepin county, to
recover the amount of a dishonored check issued in the county,
even though the defendant or defendants are not residents of
Hennepin county, if the notice of nonpayment or dishonor
described in section 609.535, subdivision 3, is sent to the
maker or drawer as specified therein and the notice states that
the payee or holder of the check may commence a conciliation
court action in the county where the dishonored check was issued
to recover the amount of the check. This clause does not apply
to a check that has been dishonored by a stop payment order.
Notwithstanding any law or rule of civil procedure to the
contrary, the summons in any action commenced under this clause
may be served anywhere within the state of Minnesota. The
conciliation court administrator shall attach a copy of the
dishonored check to the summons before it is issued.
(d) Notwithstanding the provisions of paragraph (a) or any
rule of court to the contrary, the conciliation court of
Hennepin county has jurisdiction to determine a civil action
commenced by a plaintiff educational institution, including but
not limited to, a state university or community college, with
administrative offices in the county in which the conciliation
court is located, to recover the amount of a student loan or
loans even though the defendant or defendants are not residents
of Hennepin county under the following conditions:
(1) the student loan or loans were originally awarded in
Hennepin county;
(2) the loan or loans are overdue at the time the action is
commenced;
(3) the amount sought in any single action does not exceed
$3,500;
(4) notice that payment on the loan is overdue has
previously been sent by first class mail to the borrower to the
last known address reported by the borrower to the educational
institution; and
(5) the notice states that the educational institution may
commence a conciliation court action in Hennepin county to
recover the amount of the loan.
Notwithstanding any law or rule or civil procedure to the
contrary, a summons in any action commenced under this clause
may be served anywhere within the state of Minnesota. The
conciliation court administrator shall attach a copy of the
overdue loan or loans to the summons before it is issued. The
provisions of section 487.30 dealing with jurisdiction of
conciliation courts apply in Hennepin county.
Sec. 13. Minnesota Statutes 1990, section 488A.16,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF ORDER.] The court administrator
shall promptly mail to each party a notice of the order for
judgment which the judge enters. The notice shall state the
number of days allowed for obtaining an order to vacate where
there has been a default or for removing the cause to municipal
court. The notice shall contain a statement that if the cause
is removed to municipal court, the court may, in its discretion,
allow the prevailing party to recover from the aggrieved party
an amount not to exceed $50 as costs if the prevailing party on
appeal is not the aggrieved party in the original action. The
provisions of section 487.30 dealing with the notice of order
apply in Hennepin county.
Sec. 14. Minnesota Statutes 1990, section 488A.17,
subdivision 10, is amended to read:
Subd. 10. [COSTS AND DISBURSEMENTS ON REMOVAL.] (a) For
the purpose of this subdivision, "removing party" means the
party who demands removal to district court or the first party
who serves or files a demand for removal, if another party also
demands removal. "Opposing party" means any party as to whom
the removing party seeks a reversal in whole or in part.
(b) If the removing party prevails in district court, the
removing party may recover $5 as costs from the opposing party,
together with disbursements in conciliation and district court.
If the removing party does not prevail, the court shall award
the opposing party an additional $200 as costs, together with
disbursements.
(c) The removing party prevails in district court if:
(1) the removing party recovers at least $500 or 50 percent
of the amount or value of property that the removing party
requested on removal, whichever is less, when the removing party
was denied any recovery in conciliation court;
(2) the opposing party does not recover any amount or any
property from the removing party in district court when the
opposing party recovered some amount or some property in
conciliation court;
(3) the removing party recovers an amount or value of
property in district court that exceeds the amount or value of
property that the removing party recovered in conciliation court
by at least $500 or 50 percent, whichever is less; or
(4) the amount or value of property that the opposing party
recovers from the removing party in district court is reduced
from the amount or value of property that the opposing party
recovered in conciliation court by at least $500 or 50 percent,
whichever is less.
(d) Costs or disbursements in conciliation or district
court shall not be considered in determining whether there was a
recovery by either party in either court or in determining the
difference in recovery under this subdivision. The provisions
of section 487.30 dealing with costs and disbursements on
removal apply in Hennepin county.
Sec. 15. Minnesota Statutes 1990, section 488A.17, is
amended by adding a subdivision to read:
Subd. 11a. [JUDGMENT DEBTOR DISCLOSURE.] If a cause is
removed to the municipal court, judgment is entered by the
municipal court and has been docketed for at least 30 days, the
judgment is not satisfied, and the parties have not otherwise
agreed, the municipal court shall upon request of the judgment
creditor, order the judgment debtor to mail to the judgment
creditor the information on the judgment debtor's assets,
liabilities, and personal earnings specified in section 488A.16,
subdivision 8, on the form provided by that subdivision. The
remedies provided for a violation of section 488A.16,
subdivision 8, apply to a violation of this subdivision.
Sec. 16. Minnesota Statutes 1990, section 488A.29,
subdivision 3, is amended to read:
Subd. 3. [JURISDICTION.] (a) Excepting actions involving
title to real estate, the court has jurisdiction to hear,
conciliate, try and determine civil actions at law where the
amount in controversy does not exceed the sum of $4,000, except
that if the action involves a consumer credit transaction, the
amount in controversy may not exceed $2,000. "Consumer credit
transaction" has the meaning given in section 487.30,
subdivision 1. The territorial jurisdiction of the court is
coextensive with the geographic boundaries of the county of
Ramsey.
(b) Notwithstanding the provisions of paragraph (a) or any
rule of court to the contrary, the conciliation court of Ramsey
county has jurisdiction to determine an action brought pursuant
to section 504.20 for the recovery of a deposit on rental
property located in whole or in part in Ramsey county, and the
summons in the action may be served anywhere in the state of
Minnesota.
(c) Notwithstanding the provisions of paragraph (a) or any
rule of court to the contrary, the conciliation court of Ramsey
county has jurisdiction to determine a civil action commenced by
a plaintiff, resident of Ramsey county, to recover the amount of
a dishonored check issued in the county, even though the
defendant or defendants are not residents of Ramsey county, if
the notice of nonpayment or dishonor described in section
609.535, subdivision 3, is sent to the maker or drawer as
specified therein and the notice states that the payee or holder
of the check may commence a conciliation court action in the
county where the dishonored check was issued to recover the
amount of the check. This clause does not apply to a check that
has been dishonored by a stop payment order. Notwithstanding
any law or rule of civil procedure to the contrary, the summons
in any action commenced under this clause may be served anywhere
within the state of Minnesota. The conciliation court
administrator shall attach a copy of the dishonored check to the
summons before it is issued.
(d) Notwithstanding the provisions of paragraph (a) or any
rule of court to the contrary, the conciliation court of Ramsey
county has jurisdiction to determine a civil action commenced by
a plaintiff educational institution, including but not limited
to, a state university or community college, with administrative
offices in the county in which the conciliation court is
located, to recover the amount of a student loan or loans even
though the defendant or defendants are not residents of Ramsey
county under the following conditions:
(1) the student loan or loans were originally awarded in
Ramsey county;
(2) the loan or loans are overdue at the time the action is
commenced;
(3) the amount sought in any single action does not exceed
$4,000;
(4) notice that payment on the loan is overdue has
previously been sent by first class mail to the borrower to the
last known address reported by the borrower to the educational
institution; and
(5) the notice states that the educational institution may
commence a conciliation court action in Ramsey county to recover
the amount of the loan.
Notwithstanding any law or rule or civil procedure to the
contrary, a summons in any action commenced under this clause
may be served anywhere within the state of Minnesota. The
conciliation court administrator shall attach a copy of the
overdue loan or loans to the summons before it is issued. The
provisions of section 487.30 dealing with jurisdiction of
conciliation courts apply in Ramsey county.
Sec. 17. Minnesota Statutes 1990, section 488A.33,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF ORDER.] The administrator shall
promptly mail to each party a notice of the order for judgment
which the judge enters. The notice shall state the number of
days allowed for obtaining an order to vacate where there has
been a default or for removing the cause to municipal court.
The notice shall also contain a statement that if the cause is
removed to municipal court, the court may, in its discretion,
allow the prevailing party to recover from the aggrieved party
an amount not to exceed $50 as costs if the prevailing party on
appeal is not the aggrieved party in the original action. The
provisions of section 487.30 dealing with the notice of order
apply in Ramsey county.
Sec. 18. Minnesota Statutes 1990, section 488A.34,
subdivision 9, is amended to read:
Subd. 9. [COSTS AND DISBURSEMENTS ON REMOVAL.] (a) For the
purpose of this subdivision, "removing party" means the party
who demands removal to district court or the first party who
serves or files a demand for removal, if another party also
demands removal. "Opposing party" means any party as to whom
the removing party seeks a reversal in whole or in part.
(b) If the removing party prevails in district court, the
removing party may recover costs and disbursements from the
opposing party as though the action were commenced in district
court. If the removing party does not prevail, the court shall
award the opposing party an additional $200 as costs, together
with disbursements.
(c) The removing party prevails in district court if:
(1) the removing party recovers at least $500 or 50 percent
of the amount or value of property that the removing party
requested on removal, whichever is less, when the removing party
was denied any recovery in conciliation court;
(2) the opposing party does not recover any amount or any
property from the removing party in district court when the
opposing party recovered some amount or some property in
conciliation court;
(3) the removing party recovers an amount or value of
property in district court that exceeds the amount or value of
property that the removing party recovered in conciliation court
by at least $500 or 50 percent, whichever is less; or
(4) the amount or value of property that the opposing party
recovers from the removing party in district court is reduced
from the amount or value of property that the opposing party
recovered in conciliation court by at least $500 or 50 percent,
whichever is less.
(d) Costs or disbursements in conciliation or district
court shall not be considered in determining whether there was a
recovery by either party in either court or in determining the
difference in recovery under this subdivision. The provisions
of section 487.30 dealing with costs and disbursements on
removal apply in Ramsey county.
Sec. 19. Minnesota Statutes 1990, section 488A.34, is
amended by adding a subdivision to read:
Subd. 10a. [JUDGMENT DEBTOR DISCLOSURE.] If a cause is
removed to the municipal court, judgment is entered by the
municipal court and has been docketed for at least 30 days, the
judgment is not satisfied, and the parties have not otherwise
agreed, the municipal court shall, upon request of the judgment
creditor, order the judgment debtor to mail to the judgment
creditor the information on the judgment debtor's assets,
liabilities, and personal earnings specified in section 488A.33,
subdivision 7, on the form provided by that subdivision. The
remedies provided for a violation of section 488A.33,
subdivision 7, apply to a violation of this subdivision.
Sec. 20. Minnesota Statutes 1990, section 549.02, is
amended to read:
549.02 [COSTS IN DISTRICT COURTS.]
In actions commenced in the district court, costs shall be
allowed as follows:
To plaintiff: (1) Upon a judgment in the plaintiff's favor
of $100 or more in an action for the recovery of money only,
when no issue of fact or law is joined, $5; when issue is
joined, $10 $100. (2) In all other actions, including an action
by a public employee for wrongfully denied or withheld
employment benefits or rights, except as otherwise specially
provided, $10 $100.
To defendant: (1) Upon discontinuance or dismissal, $5.
(2) or when judgment is rendered in the defendant's favor on the
merits, $10 $100.
To the prevailing party: (1) $5.50 for the cost of filing
a satisfaction of the judgment.
This section does not apply to actions removed to district
court from conciliation court.
Sec. 21. [CONCILIATION COURT JURISDICTION AMOUNTS.]
Subdivision 1. [INCREASE IN LIMITS.] The conciliation
court jurisdictional limit contained in Minnesota Statutes,
section 487.30, subdivision 1, increases to $6,000 on July 1,
1993, and $7,500 on July 1, 1994.
Subd. 2. [REVISOR'S INSTRUCTION.] The revisor of statutes
shall make the changes in the jurisdictional amounts provided in
subdivision 1 in Minnesota Statutes 1993 Supplement and
subsequent editions of the statutes.
Sec. 22. [REPEALER.]
Minnesota Statutes 1990, sections 487.30, subdivision 3;
488A.14, subdivision 6; and 488A.31, subdivision 6, are repealed.
Sec. 23. [EFFECTIVE DATE.]
Section 2 is effective July 1, 1992.
Presented to the governor April 17, 1992
Signed by the governor April 29, 1992, 8:29 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes