1997 Minnesota Statutes

     566.16 Forms of summons and writ. 

    Subdivision 1.    Form.  The summons and writ of 
 restitution may be substantially in the following forms: 

                         FORM OF SUMMONS 

  
   State of Minnesota)                                     
                     ) ss.                                 
   County of ........)                                     

    Whereas, ....., of ....., hath filed with the undersigned, 
 a judge in and for said county, a complaint against ....., of 
 ....., a copy whereof is hereto attached:  Therefore you are 
 hereby summoned to appear before the undersigned on the ..... 
 day of ....., 19....., at ..... o'clock .....m., at ....., then 
 and there to make answer to and defend against the complaint 
 aforesaid, and further to be dealt with according to law.  

    Dated at ....., this ..... day of ....., 19.....  

    ............................., 

    Judge of ....... court.  

                   FORM OF WRIT OF RESTITUTION 

  
   State of Minnesota)                                     
                     ) ss.                                 
   County of ........)                                     

    The State of Minnesota, to the Sheriff or Any Constable of 
 the County Aforesaid: 

    Whereas, ....., plaintiff, of ....., in an action for an 
 unlawful or forcible entry and detainer (or for an unlawful 
 detainer, as the case may be), at a court held at ....., in the 
 county aforesaid, on the ..... day of ....., 19....., before 
 ....., a judge in and for said county, by the consideration of 
 the court, recovered a judgment against ....., of ....., to have 
 restitution of (here describe the premises as in the complaint): 

    Therefore, you are hereby commanded that, taking with you 
 the force of the county, if necessary, you cause the said ..... 
 to be immediately removed from the aforesaid premises, and the 
 said ..... to have peaceable restitution of the same.  You are 
 also hereby commanded that of the goods and chattels of the said 
 ..... within said county you cause to be levied, and, the same 
 being disposed of according to law, to be paid to the said ..... 
 the sum of ..... dollars, being the costs taxed against the said 
 ..... for the said ....., at the court aforesaid, together with 
 25 cents for this writ; and thereof, together with this writ, 
 make due return within 30 days from the date hereof, according 
 to law. 

    Dated at ....., this ..... day of ....., 19..... 

    ............................., 

    Judge of ........ court. 

    Subd. 2.    Notice of drug related writ.  The court 
 shall identify a writ of restitution that is issued pursuant to 
 an unlawful detainer action under section 504.181, or on the 
 basis that the tenant is causing a nuisance or seriously 
 endangers the safety of other residents, their property, or the 
 landlord's property and clearly note on the writ of restitution 
 that it is a priority writ.  Notice that it is a priority writ 
 must be made in a manner that is obvious to an officer who must 
 execute the writ under section 566.17. 

    HIST: (9162) RL s 4051; 1973 c 611 s 12; 1981 c 168 s 6; 1994 
 c 502 s 7