Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 403-H.F.No. 2780 
                  An act relating to civil law; regulating medical 
                  malpractice actions; modifying provisions relating to 
                  liens against real property; creating a curative act 
                  for conveyances by counties; providing for recording 
                  of documents written in foreign language; providing 
                  for an affidavit of custodian; removing a sunset; 
                  amending Minnesota Statutes 2000, sections 145.682, 
                  subdivision 6; 481.13; 573.02, subdivision 1; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 507; 527; repealing Minnesota Statutes 2000, 
                  section 514.99, subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 145.682, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PENALTY FOR NONCOMPLIANCE.] (a) Failure to 
        comply with subdivision 2, clause (1), within 60 days after 
        demand for the affidavit results, upon motion, in mandatory 
        dismissal with prejudice of each cause of action as to which 
        expert testimony is necessary to establish a prima facie case.  
           (b) Failure to comply with subdivision 2, clause (2), and 
        subdivision 4 results, upon motion, in mandatory dismissal with 
        prejudice of each cause of action as to which expert testimony 
        is necessary to establish a prima facie case. 
           (c) Failure to comply with subdivision 4 because of 
        deficiencies in the affidavit or answers to interrogatories 
        results, upon motion, in mandatory dismissal with prejudice of 
        each action as to which expert testimony is necessary to 
        establish a prima facie case, provided that:  
           (1) the motion to dismiss the action identifies the claimed 
        deficiencies in the affidavit or answers to interrogatories; 
           (2) the time for hearing the motion is at least 45 days 
        from the date of service of the motion; and 
           (3) before the hearing on the motion, the plaintiff does 
        not serve upon the defendant an amended affidavit or answers to 
        interrogatories that correct the claimed deficiencies.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to causes of action 
        commenced on or after that date. 
           Sec. 2.  Minnesota Statutes 2000, section 481.13, is 
        amended to read: 
           481.13 [LIEN FOR ATTORNEYS' FEES.] 
           Subdivision 1.  [GENERALLY.] (a) An attorney has a lien for 
        compensation whether the agreement therefor be for compensation 
        is expressed or implied: (1) upon the cause of action from the 
        time of the service of the summons therein in the action, or the 
        commencement of the proceeding, and (2) upon the interest of the 
        attorney's client in any money or property involved in or 
        affected by any action or proceeding in which the attorney may 
        have been employed, from the commencement of the action or 
        proceeding, and, as against third parties, from the time of 
        filing the notice of such the lien claim, as provided in this 
        section;. 
           (2) (b) An attorney has a lien for compensation upon a 
        judgment, and whether there be is a special express or implied 
        agreement as to compensation, or whether a lien is claimed for 
        the reasonable value of the services,.  The lien shall extend 
        extends to the amount thereof of the judgment from the time of 
        giving notice of the claim to the judgment debtor, but this.  
        The lien under this paragraph is subordinate to the rights 
        existing between the parties to the action or proceeding;. 
           (3) The liens (c) A lien provided by clauses (1) and 
        (2) paragraphs (a) and (b) may be established, and the 
        amount thereof of the lien may be determined, by the court, 
        summarily, in the action or proceeding, by the court under this 
        paragraph on the application of the lien claimant or of any 
        person or party interested in the property subject to such the 
        lien, on such notice to all parties interested therein as the 
        court may, by order to show cause, prescribe, or such liens may 
        be enforced, and the amount thereof determined, by the court, in 
        an action for equitable relief brought for that purpose. 
           Judgment shall be entered under the direction of the court, 
        adjudging the amount due. 
           Subd. 2.  [PERFECTION OF LIEN.] (4) (a) If the lien is 
        claimed on the client's interest in real estate property 
        involved in or affected by the action or proceeding, such a 
        notice of intention to claim a lien thereon on the property 
        shall must be filed in the office of the county recorder or 
        registrar of titles, where appropriate, and therein noted on the 
        certificate or certificates of title affected, in and for the 
        county within which where the same real property is 
        situated located.  Within 30 days of filing a lien on real 
        property, the claimant must prepare and deliver a written notice 
        of the filing personally or by certified mail to the owner of 
        the real property or the owner's authorized agent.  A person who 
        fails to provide the required notice shall not have the lien and 
        remedy provided by this section.  Upon receipt of payment in 
        full of the debt which gave rise to the lien, the lienholder 
        shall deliver within 30 days a recordable satisfaction and 
        release of lien to the owner of the real property or the owner's 
        authorized agent.  No notice of intent to claim a lien may be 
        filed more than 120 days after the last item of claim. 
           (b) If the lien is claimed on the client's interest in 
        personal property involved in or affected by the action or 
        proceeding, the notice shall must be filed in the same manner as 
        provided by law for the filing of a security interest. 
           Subd. 3.  [ONE-YEAR LIMITATION.] No lien against real 
        property shall be enforced unless the lienholder, by filing 
        either a complaint or an answer with the court administrator, 
        asserts a lien within one year after the filing of the notice of 
        intention to claim a lien, unless within the one-year time 
        period the owner has agreed to a longer time period to assert 
        the lien.  This agreement must be in a written instrument signed 
        by the owner containing the legal description of the affected 
        real property and a description of the recording information of 
        the filed lien and the written instrument must be recorded in 
        the same office as the lien.  In no event may the lien be 
        asserted more than three years after filing.  No person is bound 
        by any judgment in the action unless made a party to the action 
        within the time limit.  The absence from the record in the 
        office of the county recorder or the registrar of titles, where 
        appropriate, of a notice of lis pendens of an action after the 
        expiration of the time limit in which the lien could be so 
        asserted is conclusive evidence that the lien may no longer be 
        enforced as to a bona fide purchaser, mortgagee, or encumbrancer 
        without notice.  In the case of registered land, the registrar 
        of titles shall refrain from carrying forward to new 
        certificates of title the memorials of lien statements when no 
        notice of lis pendens has been registered within the time limit. 
           [EFFECTIVE DATE.] This section is effective August 1, 2002, 
        and applies to a notice of intention to claim a lien filed on or 
        after that date.  Subdivision 3 of this section applies to 
        notices of intention to claim a lien filed prior to August 1, 
        2002.  These liens expire on August 1, 2003, unless prior to 
        August 1, 2003, the lienholder complies with the provisions of 
        subdivision 3 by filing either a complaint or an answer with the 
        court administrator and filing with the county recorder or 
        registrar of titles, where appropriate, a notice of lis pendens 
        of the action.  In the case of registered land, the registrar of 
        titles shall refrain from carrying forward to new certificates 
        of title the memorials of lien statements if no notice of lis 
        pendens has been registered before August 1, 2003. 
           Sec. 3.  [507.422] [CERTAIN COUNTY CONVEYANCES VALIDATED.] 
           No deed of conveyance of real estate made by a county in 
        this state that has been of record with the county recorder or 
        registrar of titles for more than five years shall be held 
        invalid or void for failure to comply with the requirements of 
        section 373.01, subdivision 1, clause (4). 
           Sec. 4.  [507.46] [CERTIFICATE OF TRANSLATION OF DOCUMENTS 
        IN FOREIGN LANGUAGES.] 
           Subdivision 1.  [FORM OF CERTIFICATE.] A county recorder or 
        registrar of titles shall accept for recording a document that 
        is not written in the English language, but is otherwise in 
        recordable form, if there is appended to the non-English 
        language document a translation of the document into the English 
        language and a certificate of translation in substantially the 
        following form: 
                          CERTIFICATE OF TRANSLATION 
        State of Minnesota 
        County of ............................. 
        I certify that the attached English language document
        is a complete and accurate translation of the attached
        document from the ....... language.
        ........................................
        Signature of translator
        ........................................
        Typed or printed name
        ........................................
        Street
        ........................................
        City, State, and Zip Code
        ........................................
        Telephone number
        ........................................
        Subscribed and sworn to before me this day of ...., 20..
        ........................................
        Notary public
           Subd. 2.  [CERTIFICATE AS EVIDENCE.] Any certificate of 
        translation recorded under subdivision 1, or a certified copy, 
        is admissible as evidence in any action involving the instrument 
        to which it relates or the title to the real estate affected by 
        the instrument and is prima facie evidence of the facts stated 
        in it.  
           Sec. 5.  [527.405] [CONVEYANCE BY CUSTODIAN.] 
           Subdivision 1.  [AFFIDAVIT OF CUSTODIAN.] In support of a 
        real property transaction where an interest in real property is 
        held in a custodianship, a custodian shall furnish to the 
        grantee or other party to the transaction an affidavit attesting 
        that: 
           (1) the custodian has not resigned or been removed prior to 
        executing the conveyance; and 
           (2) the custodianship has not terminated, or if the 
        custodianship has terminated that the conveyance is to the minor 
        or to the personal representative of the minor's estate. 
           Subd. 2.  [FORM OF AFFIDAVIT.] An affidavit under this 
        section must be substantially in the following form: 
                           AFFIDAVIT OF CUSTODIAN 
        State of Minnesota 
        County of............................. 
        ........., being first duly sworn on oath says, that: 
        1.  Affiant was appointed or designated as custodian in the 
        document dated ....... and filed for record ....... as Document 
        No. ...., (or in book .. of page ..) in the office of the 
        (County Recorder) (Registrar of Titles) of ..... County, 
        Minnesota (being the document which originally conveyed the real 
        estate to the custodian). 
        2.  Affiant is the grantor custodian for the minor in the 
        document dated ..., conveying to .......... an interest in the 
        real property in ..... County, Minnesota, legally described as: 
        (insert legal description here) 
        3.  The name of the minor is .......................... 
        4.  The custodianship (check one) ....... has not terminated 
        prior to the date of the document described in paragraph 2 above 
        (or) ....... has terminated and the conveyance is to the minor 
        or to the personal representative of the minor's estate. 
        5.  Affiant's address is:  ........................ 
        6.  Affiant has not resigned and does not have actual knowledge 
        of affiant's removal as custodian. 
        Affiant knows the matters herein stated are true and makes this 
        affidavit for the purpose of inducing the passing of title to 
        the real property. 
        ........................................ 
        Affiant 
        Subscribed and sworn to before me this day of ...., 20.. 
        ........................................ 
        Notary Public 
        This instrument was drafted by .......................... 
           Subd. 3.  [EFFECT OF AFFIDAVIT.] An affidavit by a 
        custodian under this section is conclusive proof that the 
        custodian has not resigned or been removed as custodian prior to 
        executing the conveyance and that the custodianship has not 
        terminated, or that if the custodianship has terminated, the 
        conveyance is to the minor or to the personal representative of 
        the minor's estate.  However, the affidavit is not conclusive as 
        to a party dealing directly with the custodian who has actual 
        knowledge that the custodian has resigned or been removed or 
        that the custodianship has terminated and the conveyance is not 
        to the minor or the personal representative of the minor's 
        estate. 
           Sec. 6.  Minnesota Statutes 2000, section 573.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  When death is caused by the wrongful act or 
        omission of any person or corporation, the trustee appointed as 
        provided in subdivision 3 may maintain an action therefor if the 
        decedent might have maintained an action, had the decedent 
        lived, for an injury caused by the wrongful act or omission.  An 
        action to recover damages for a death caused by the alleged 
        professional negligence of a physician, surgeon, dentist, 
        hospital or sanitarium, or an employee of a physician, surgeon, 
        dentist, hospital or sanitarium shall be commenced within the 
        time set forth in section 541.07, subdivision 1 three years of 
        the date of death, but in no event shall be commenced beyond the 
        time set forth in section 541.076.  An action to recover damages 
        for a death caused by an intentional act constituting murder may 
        be commenced at any time after the death of the decedent.  Any 
        other action under this section may be commenced within three 
        years after the date of death provided that the action must be 
        commenced within six years after the act or omission.  The 
        recovery in the action is the amount the jury deems fair and 
        just in reference to the pecuniary loss resulting from the 
        death, and shall be for the exclusive benefit of the surviving 
        spouse and next of kin, proportionate to the pecuniary loss 
        severally suffered by the death.  The court then determines the 
        proportionate pecuniary loss of the persons entitled to the 
        recovery and orders distribution accordingly.  Funeral expenses 
        and any demand for the support of the decedent allowed by the 
        court having jurisdiction of the action, are first deducted and 
        paid.  Punitive damages may be awarded as provided in section 
        549.20.  
           If an action for the injury was commenced by the decedent 
        and not finally determined while living, it may be continued by 
        the trustee for recovery of damages for the exclusive benefit of 
        the surviving spouse and next of kin, proportionate to the 
        pecuniary loss severally suffered by the death.  The court on 
        motion shall make an order allowing the continuance and 
        directing pleadings to be made and issues framed as in actions 
        begun under this section. 
           [EFFECTIVE DATE.] This section is effective retroactive to 
        August 1, 1999. 
           Sec. 7.  [REPEALER.] 
           Minnesota Statutes 2000, section 514.99, subdivision 6, is 
        repealed. 
           Sec. 8.  [EFFECTIVE DATE.] 
           (a) Section 3 is effective the day following final 
        enactment and applies to all conveyances of real estate made by 
        counties executed before, on, or after the effective date. 
           (b) Section 3 does not affect an action or proceeding 
        involving the validity of a conveyance from a county if: 
           (1) the action or proceeding is pending as of the effective 
        date of section 3, or is commenced before February 1, 2003; and 
           (2) a notice of the pendency of the action or proceeding is 
        recorded or filed before February 1, 2003, in the office of the 
        county recorder or registrar of titles of the county in which 
        the property affected by the action or proceeding is located. 
           (c) Section 7 is effective the day following final 
        enactment. 
           Presented to the governor May 20, 2002 
           Signed by the governor May 22, 2002, 1:32 p.m.