Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes