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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 104-S.F.No. 1017 
                  An act relating to civil actions; requiring the 
                  summons to include notice of the alternative dispute 
                  resolution process; amending Minnesota Statutes 1998, 
                  section 518.091; proposing coding for new law in 
                  Minnesota Statutes, chapter 543. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 518.091, is 
        amended to read: 
           518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.] 
           (a) Every summons must include the notice in this paragraph.
           NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
                            RESOLUTION PROVISIONS 
           UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
        FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
        UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
        DISMISSED: 
           (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
        THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
        INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
        WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
        CONTEST THIS PROCEEDING; 
           (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
           (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
        MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
        BENEFICIARY DESIGNATION. 
           IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
        TO SANCTIONS BY THE COURT.  
           (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
        ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
        MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
        MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
        DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
        ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION 
        OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE 
        MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT 
        PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF 
        ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE 
        NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY 
        THE COURT IN LATER PROCEEDINGS.  
           (b) Upon service of the summons, the restraining provisions 
        contained in the notice apply by operation of law upon both 
        parties until modified by further order of the court or 
        dismissal of the proceeding, unless more than one year has 
        passed since the last document was filed with the court. 
           Sec. 2.  [543.22] [CIVIL ACTION SUMMONS NOTICE; ALTERNATIVE 
        DISPUTE RESOLUTION PROCESS.] 
           When a civil case is commenced against a party, the summons 
        must include a statement that provides the opposing party with 
        information about the alternative dispute resolution process as 
        set forth in the Minnesota General Rules of Practice. 
           Presented to the governor April 23, 1999 
           Signed by the governor April 27, 1999, 11:26 a.m.