Key: (1) language to be deleted (2) new language
CHAPTER 372-S.F.No. 2742
An act relating to family law; changing the time for
filing a notice to remove; requiring a study of
medical support statutes; eliminating certain
requirements; amending Minnesota Statutes 1998,
section 542.16, subdivision 1; repealing Minnesota
Statutes 1998, sections 144.224; 518.147; and 518.583.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 542.16,
subdivision 1, is amended to read:
Subdivision 1. [INITIAL DISQUALIFICATION.] Any party, or
the party's attorney, to a cause pending in a district court,
within one day after it is ascertained which judge is to preside
at the trial or hearing thereof, or at the hearing of any motion
or order to show cause, except for a proceeding under section
484.702, may make and file with the court administrator in which
the action is pending and serve on the opposite party a notice
to remove. The notice must be served and filed within ten days
after the party receives notice of which judge or judicial
officer is to preside at the trial or hearing, or, if no notice
of a hearing is served with the summons, then within the time to
answer the summons, whichever is later. Thereupon without any
further act or proof, the chief judge of the judicial district
shall assign any other judge of any court within the district to
preside at the trial of the cause or the hearing of the motion
or order to show cause, and the cause shall be continued on the
calendar, until the assigned judge can be present. In criminal
actions the notice to remove shall be made and filed with the
court administrator by the defendant, or the defendant's
attorney, not less than two days before the expiration of the
time allowed by law to prepare for trial and in any of those
cases the presiding judge shall be incapacitated to try the
cause. In criminal cases, the chief judge, for the purpose of
securing a speedy trial, may change the place of trial to
another county.
Sec. 2. [MEDICAL SUPPORT RECOMMENDATIONS.]
The commissioner of human services, in consultation with
the commissioner's advisory committee, shall study and make
recommendations for changes to the medical support statutes
under Minnesota Statutes, chapter 518. The commissioner shall
consider the medical support recommendations from the federal
medical support workgroup created in the Federal Child Support
Performance and Incentive Act of 1998, Public Law Number
105-200, section 401.
The commissioner shall submit legislative recommendations
to the chairs of the senate judiciary committee and the house
civil law committee by January 15, 2001.
Sec. 3. [REPEALER.]
Minnesota Statutes 1998, sections 144.224; 518.147; and
518.583, are repealed.
Presented to the governor April 10, 2000
Signed by the governor April 13, 2000, 4:27 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes