1998 Minnesota Statutes

CHAPTER 487. County courts

   487.01 MS 1957 Local, Hennepin county, see Laws 1961, 
  chapter 527 

     487.01 Probate and county courts; provisions. 

    Subdivision 1.  A probate court, which shall be a court of 
 record having a seal, and, except in the counties of Hennepin 
 and Ramsey shall also be a county court, is established in each 
 county.  Hearings may be had at such times and places in the 
 county as the court may deem advisable.  The county courts of 
 the state shall be in continuous session and shall be deemed 
 open at all times, except on legal holidays and Sundays. 

    Subd. 2.  The county board of a county to which sections 
 487.01 to 487.38 apply shall provide and furnish to the county 
 court the courtrooms, quarters, supplies, equipment and 
 personnel the court finds necessary for its purposes. 

    Subd. 3.  The following combined probate and county court 
 districts are established:  Kittson, Roseau and Lake of the 
 Woods; Marshall, Red Lake and Pennington; Norman and Mahnomen; 
 Cass and Hubbard; Wadena and Todd; Mille Lacs and Kanabec; Big 
 Stone and Traverse; Grant and Douglas; Lincoln and Lyon; Rock 
 and Nobles; Dodge and Olmsted; Lake and Cook; Pine, Isanti and 
 Chisago; Sherburne, Benton and Stearns.  Notwithstanding the 
 provisions of this paragraph the separation of combined county 
 court districts by concurrent action of county boards before 
 April 23, 1977, shall continue to be in effect unless the 
 districts are combined pursuant to subdivision 6. 

    A combined county court district may be separated into 
 single county courts by the supreme court.  Vacancies in the 
 office of judge created by such a separation shall be filled in 
 the manner herein provided for the selection of other county 
 court judges. 

    The single county court districts so created by such 
 separation shall each be entitled to one judge, subject to the 
 provisions of subdivision 5, clause (5), provided, however, that 
 if the number of judges of the combined county court district 
 exceeds the number of counties, then, upon separation into 
 single county court districts, the county having the largest 
 population determined by the last United States census shall be 
 entitled to two judges and in the event there are more judges 
 than counties remaining, the county having the next largest 
 population determined by the last United States census shall 
 also be entitled to two judges. 

    In each other county except Hennepin and Ramsey, the 
 probate court of the single county is also the county court of 
 the county and shall be governed by the provisions of sections 
 487.01 to 487.38. 

    Subd. 4.  The provisions of sections 487.01 to 487.38 do 
 not apply to the counties of Hennepin and Ramsey. 

    Subd. 5.  Each county court district shall elect one county 
 court judge except: 

    (1) The district consisting of St. Louis county shall elect 
 six judges; two of the county court judges shall reside and 
 serve in and be elected at large by the voters of St. Louis 
 county; two of the county court judges shall reside and serve in 
 and be elected by the voters in that part of St. Louis county 
 south of the following described line:  South of the south line 
 of township 55; except the towns of Toivola, Cedar Valley, 
 Kelsey, and Cotton, the area to be known as the south district; 
 one county court judge shall reside and serve in and be elected 
 by the voters of an area to be known as the northwest district, 
 which area lies within the following described lines in St. 
 Louis county:  North of the south line of township 55 and west 
 of the west line of range 18 and excluding that part of Portage 
 township west of the west line of range 18; and including the 
 towns of McDavitt, Toivola, and Cedar Valley; and one county 
 court judge shall reside and serve in and be elected by the 
 voters of an area to be known as the northeast district, which 
 area lies within the following described lines in St. Louis 
 county:  North of the south line of township 55 and east of the 
 west line of range 18 and including that part of Portage 
 township west of the west line of range 18, and the towns of 
 Kelsey and Cotton, and excluding the town of McDavitt. 

    (2) The district consisting of Dakota county shall elect 
 six judges; 

    (3) The following districts shall each elect three judges: 

    Blue Earth county, 

    Scott and Carver counties; 

    (4) The following districts shall each elect two county 
 court judges: 

    Clay county, 

    Cass and Hubbard counties, 

    Crow Wing county, 

    Marshall county, 

    Red Lake and Pennington counties. 

    (5) The number of judges to be elected may be increased by 
 the county board of the affected county or by the concurrence of 
 the county boards of those affected counties combined into 
 districts; provided that no new judge positions authorized 
 pursuant to this section may be created without specific 
 statutory authorization.  Notwithstanding the other provisions 
 of this subdivision, county judge positions created by county 
 board action prior to April 23, 1977, shall be continued unless 
 terminated pursuant to subdivision 6. 

    Subd. 6.  For the more effective administration of justice, 
 the supreme court may combine two or more county court districts 
 into a single county court district.  If districts are combined, 
 the office of a judge may be terminated at the expiration of the 
 judge's term and the judge shall be eligible for retirement 
 compensation under the provisions of sections 490.121 to 
 490.132.  If the office of a judge who has not qualified for 
 retirement compensation is terminated the judge shall upon 
 attaining age 62 or more, be entitled to an annuity or 
 proportionate annuity as computed under the provisions of 
 sections 490.121 to 490.132 based upon the judge's years of 
 service as a judge.  A judge whose office is terminated shall 
 continue to receive the insurance coverage provided for a judge 
 of the office but shall pay the premiums. 

    Subd. 7.  When the judicial business of a county court 
 permits, the chief justice of the supreme court, upon the 
 recommendation of all of the county boards of a county court 
 district may, by order filed in the office of the secretary of 
 state, reduce the number of county court judges.  The office of 
 any judge shall not be terminated until the expiration of the 
 term of the judge. 

    Subd. 8. Repealed, 1983 c 359 s 151 

    Subd. 9.  (1) All probate judges in office on July 1, 1972 
 shall be the county court judges of their respective counties 
 and shall continue in office as such for the balance of the 
 terms for which they were last elected and shall be eligible for 
 reelection to office.  In counties hereby combined into county 
 court districts and for which only one judge is provided, the 
 probate judge of the county having the largest population 
 determined by the last United States census shall be the judge 
 of the county court if the judge consents, and files a consent 
 prior to July 1, 1972 in the office of the secretary of state.  
 If the judge does not consent, the probate judge of the smaller 
 county shall be the judge of the county court.  In counties 
 combined into county court districts for which only one judge is 
 provided, a probate judge in any of the affected counties who at 
 the effective date of this act, is, or before or at the 
 expiration of the judge's then current term of office will 
 become, eligible for retirement pursuant to section 222 shall 
 not become county court judge upon the effective date of this 
 act, but the judge shall serve as a judicial officer until 
 retirement which shall occur not later than the expiration of 
 the judge's then current term of office. If all probate judges 
 in such a county court district will qualify for retirement 
 pursuant to section 222 at or before the expiration of their 
 current term of office as of the effective date of this act, the 
 county court judge shall be selected according to the population 
 of the respective counties in the county court district as 
 hereinbefore provided in subparagraph 1.  The probate judge who 
 is not hereby designated as judge of the county court shall 
 continue in office until the expiration of the probate judge's 
 term and become a part time judicial officer of the county 
 court, hearing and trying matters assigned by the judge of the 
 county court but, if the probate judge is not learned in the 
 law, then the probate judge shall hear and try only matters 
 assigned by the judge of the county court that the probate judge 
 was heretofore authorized by law to hear and try. 

    (1a) The probate judges of St. Louis county probate court 
 in office on January 1, 1974 shall be county court judges of the 
 county court of St. Louis county and shall continue in office as 
 such for the balance of the terms for which they were last 
 elected and shall be eligible for reelection to office. 

    (2) Except as provided in subparagraph 1, the judges 
 required by the application of this section shall be appointed 
 by the governor from among the municipal court judges or 
 magistrates serving pursuant to a municipal ordinance, charter, 
 or legislative act other than special municipal court judges 
 serving within the county who are learned in the law and consent 
 thereto.  A judge so appointed shall serve until a successor is 
 elected and qualifies.  If there are no serving municipal court 
 judges, such county court judges shall be elected at the next 
 general election following July 1, 1972. 

    (2a) Except as provided in subparagraph 1a, the judges 
 required by the application of this section in the south 
 district of the county court of St. Louis county shall be 
 appointed by the governor from among the full time judges of the 
 municipal court of the city of Duluth in office on January 1, 
 1974, and a judge so appointed shall serve until a successor is 
 elected and qualifies; and the judges required in the northwest 
 and northeast districts of the county court of St. Louis county 
 shall be appointed by the governor from among persons learned in 
 the law residing in each district, and a judge so appointed 
 shall serve until a successor is elected and qualifies. 

    HIST: (8992-1) 1935 c 72 s 1; 1971 c 951 s 1; Ex1971 c 19 s 1; 
 Ex1971 c 32 s 30,31; 1973 c 679 s 1; 1977 c 35 s 14; 1977 c 204 
 s 1; 1977 c 432 s 20-23; 1979 c 41 s 2; 1981 c 224 s 215,216; 
 1Sp1985 c 13 s 362; 1986 c 444; 1987 c 346 s 4-6 

   487.02 MS 1957 Local, Hennepin county, see Laws 1961, 
  Chapter 527 

     487.02 Payment of expenses. 

    Subdivision 1.  The salary and traveling expenses of a 
 judge of the county court shall be paid by the state in the 
 amount prescribed by section 15A.083.  Expenses shall be paid by 
 the state in the same manner and amount as provided for judges 
 of the district court in section 484.54. 

    Subd. 2.  The county board shall levy taxes annually 
 against the taxable property within the county as necessary for 
 the establishment, operation and maintenance of the county court 
 or courts within the county. 

    HIST: 1971 c 951 s 2; 1975 c 381 s 22; 1977 c 35 s 15; 1977 c 
 432 s 24 

   487.03 MS 1957 Local, Hennepin county, see Laws 1961, 
  chapter 527 

     487.03 Judges. 

    Subdivision 1.    Qualifications; oath.  Each judge 
 shall be learned in the law and a resident of the county court 
 district in which the court has jurisdiction.  A probate judge 
 now in office shall be considered learned in the law for 
 purposes of election as a judge of a county court.  Before 
 entering upon the duties of office, each judge shall take and 
 subscribe an oath, in the form prescribed by law for judicial 
 officers, and a certified copy of the oath shall be filed in the 
 office of each of the county auditors within the county court 
 district. 

    Subd. 2.    Election.  Each judge shall be elected at 
 the general election for a term of six years, beginning on the 
 first Monday of the January next following the judge's election 
 and until a successor qualifies.  No individual shall be a 
 candidate for more than one county court judgeship at any 
 election. 

    In any election following reduction of the number of county 
 court judges pursuant to section 487.01, subdivision 7 the 
 requirement contained in section 204B.06, subdivision 6, that a 
 candidate for office of judge state the office for which the 
 person is a candidate shall not apply.  In such a situation all 
 parties filing for office of judge shall run against each other 
 for the remaining seats.  However, each candidate who otherwise 
 would have qualified to have the word "incumbent" printed after 
 the candidate's name on the ballot pursuant to section 204B.36, 
 subdivision 5, shall retain this right. 

    Subd. 3.  Repealed, 1973 c 569 s 6 

    Subd. 4.  Repealed, 1977 c 432 s 49 

    Subd. 5.    Vacancy.  Whenever there is a vacancy in 
 the office of judge, the governor shall appoint a qualified 
 person to fill the vacancy, to hold office until a successor is 
 elected and qualified.  The successor shall be elected for a six 
 year term at the next general election occurring more than one 
 year after such appointment. 

    Subd. 6.    Judge positions; creation; abolition.  Upon 
 the occurrence of the first vacancy in the office of county 
 court judge in each of the counties of Carver and Scott, the 
 vacant judgeship is abolished.  When each judgeship is 
 abolished, an additional office of judge of district court is 
 created in the first judicial district.  The governor shall 
 appoint a qualified person to fill each office until a successor 
 is elected and qualified.  The successor shall be elected for a 
 six year term at the next general election occurring more than 
 one year after the appointment.  

    HIST: 1971 c 951 s 3; 1973 c 679 s 2-4; 1974 c 406 s 50; 1976 
 c 239 s 119; 1981 c 29 art 7 s 36; 1982 c 398 s 4; 1986 c 444 

   487.04 MS 1957 Local, Hennepin county, see Laws 1961, 
  chapter 527 

     487.04 Disqualifications of lay judge. 

    A county court judge who is not learned in the law shall 
 not act in hearings, try or dispose of any case or proceeding 
 involving jurisdiction in addition to that exercised by the 
 judge at the time of the effective date of Laws 1971, chapter 
 951.  Those matters shall be heard by a judge or judicial 
 officer learned in the law from within the county court district 
 or from any other county, who upon request of the county court 
 agrees to serve or who is assigned to hear the cases or 
 proceedings by the chief justice of the supreme court, or, with 
 the consent of the parties and the district court, such 
 proceedings may be transferred by the county court to the 
 district court.  Provided that, a lay judge may be assigned to 
 hear marriage dissolution actions in which the custody of 
 children is not at issue.  

    HIST: 1971 c 951 s 4; 1982 c 608 s 1; 1986 c 444 

   487.05 MS 1957 Local, Hennepin county, see Laws 1961, 
  chapter 527 

   487.05 MS 1976 Repealed, 1977 c 35 s 21; 1977 c 432 s 
  49 

   487.06 MS 1957 Local, Hennepin county, see Laws 1961, 
  chapter 527 

  487.06 MS 1980 Repealed, 1981 c 224 s 276 

   487.07 MS 1957 Local, Hennepin county, see Laws 1961, 
  chapter 527 

     487.07 Practice of law. 

    A county court judge shall devote full time to the duties 
 of office and shall not engage in the practice of law. 

    HIST: 1971 c 951 s 7; 1986 c 444 

   487.08 MS 1957 Local, Hennepin county, see Laws 1961, 
  chapter 527 

     487.08 Judicial officers; office abolished. 

    Subdivision 1.  The office of judicial officer is abolished.

    Subd. 2.    Exception.  Persons holding the office of 
 judicial officer full time or part time on January 1, 1981, in 
 St. Louis county, Steele county and Carlton county may continue 
 to serve at the pleasure of the chief judge of the district 
 under the terms and conditions of their appointment.  The chief 
 judge of the district may fill vacancies arising in the office 
 of judicial officer, which office was in existence on January 1, 
 1981. 

    Subd. 3.  The persons holding the office of judicial 
 officer in Nobles and Rock, Brown, Nicollet, Morrison, Goodhue 
 and Wabasha, Scott, and Polk counties on January 1, 1978, may 
 continue to serve at the pleasure of the chief judge of the 
 district under the terms and conditions of their appointments. 

    Subd. 4. Repealed, 1Sp1981 c 4 art 3 s 8 

    Subd. 5.  All judicial officers are subject to the 
 administrative authority and assignment power of the chief judge 
 of the district as provided in section 484.69, subdivision 3.  
 They shall be learned in the law, and shall hear and try matters 
 as assigned to them by the chief judge.  Their salary shall be 
 fixed by the chief judge within the range established under 
 section 480.181 and must not exceed the salary for referees 
 under section 15A.083, subdivision 6.  The supreme court must 
 not approve aggregate performance increases for these employees 
 that exceed an average of five percent per year. 

    HIST: 1971 c 951 s 8; 1973 c 679 s 5; 1977 c 432 s 25; 1978 c 
 750 s 3; 1Sp1981 c 4 art 3 s 5,6; 1982 c 608 s 2; 1989 c 335 art 
 3 s 29 

  487.09 Repealed, 1Sp1981 c 4 art 3 s 8 

     487.10 Clerks, deputies, records. 

    Subdivision 1.  The clerk of the district court of each 
 county within the county court district shall have and perform 
 the duties heretofore provided by law for the clerks of the 
 probate, county and municipal courts and other duties as 
 prescribed by law or rule of court.  In the performance of those 
 duties the clerk of the district court shall also be known as 
 the clerk of county court. 

    Subd. 2.  The clerks and deputy clerks of the present 
 probate courts and the clerical employees thereof shall become 
 deputy clerks and clerical employees respectively of the clerks 
 of court of the respective counties in which they served. 

    Subd. 3.  Repealed, 1973 c 679 s 38 

    Subd. 4.  The county board shall determine the number of 
 permanent full time deputies, clerks and other employees in the 
 office of the clerk of county court and shall fix the 
 compensation for each position.  The county board shall also 
 budget for temporary deputies and other employees and shall fix 
 their rates of compensation.  The clerk shall appoint in writing 
 the deputies and other employees for whose acts the clerk shall 
 be responsible, and whom the clerk may remove at pleasure.  
 Before entering upon official duties, the appointment and oath 
 of each such employee shall be filed with the county recorder. 

    Subd. 5.  The clerk shall keep records and indices of all 
 proceedings; enter all orders, judgments and sentences; issue 
 commitments, execution and all other process as now is permitted 
 by law or rule of court; have custody and care of all records of 
 the court; and tax all costs and disbursements. 

    Subd. 6.  Repealed, 1977 c 432 s 49 

    Subd. 7.  Notwithstanding the provisions of any other law 
 to the contrary, excepting the clerk, the chief deputy clerks of 
 each division and those classifications specifically exempted by 
 Laws 1941, chapter 423, section 6, as amended, every permanent 
 employee of those courts being abolished under Laws 1973, 
 chapter 679 shall, with the approval of the St. Louis county 
 civil service commission, be transferred as of August 1, 1973 to 
 a position of comparable classification in the classified 
 service of St. Louis county with the equivalent status that the 
 permanent employee had in the office of the permanent employee's 
 employment immediately prior thereto, and every such employee 
 shall be subject to, and have the benefit of, the classified 
 service as though the permanent employee had served thereunder 
 from the date of entry into the service of the permanent 
 employee's office of employment. 

    HIST: 1971 c 951 s 10; 1973 c 679 s 7-10; 1976 c 181 s 2; 1986 
 c 444 

     487.11 Additional employees. 

    Subdivision 1.    Bailiffs.  The sheriff of a county 
 within a county court district shall furnish to the county court 
 deputies to serve as bailiffs within the county as the court may 
 request.  The county board may, with the approval of the chief 
 county court judge, contract with any municipality, upon terms 
 agreed upon, for the services of police officers of the 
 municipality to act as bailiffs in the county district court.  

    Nothing contained herein shall be construed to limit the 
 authority of the court to employ probation officers with the 
 powers and duties prescribed in section 244.19.  

    Subd. 2.    Transcription of court proceedings.  
 Electronic recording equipment may be used for the purposes of 
 Laws 1971, chapter 951 to record court proceedings in lieu of a 
 court reporter.  However, at the request of any party to any 
 proceedings the court may in its discretion require the 
 proceedings to be recorded by a competent court reporter who 
 shall perform such additional duties as the court directs.  The 
 salary of a reporter shall be set in accordance with the 
 procedure provided by sections 486.05 and 486.06. 

    HIST: 1971 c 951 s 11; 1981 c 133 s 2; 1997 c 239 art 9 s 51 

  487.12 Repealed, 1996 c 310 s 1 

     487.13 Budget. 

    The county board by resolution shall provide the budget for 
 (1) the salaries of deputies, clerks, and other employees in the 
 office of the court administrator of county court; (2) other 
 expenses necessary in the performance of the duties of said 
 office; and (3) the payment of premiums of any bonds required of 
 the court administrator of county court or any deputy, clerk, or 
 employee in said office, and the board is authorized to 
 appropriate funds therefor and for the salary of the court 
 administrator of county court.  

    HIST: 1971 c 951 s 13; 1Sp1986 c 3 art 1 s 82; 1990 c 571 s 44 

     487.14 Exclusive jurisdiction.  

    The county court shall have exclusive original jurisdiction 
 in the following cases: 

    (a) In law and equity for the administration of estates of 
 deceased persons and all guardianship and incompetency 
 proceedings; 

    (b) The jurisdiction of a juvenile court as provided in 
 chapter 260; 

    (c) Proceedings for the management of the property of 
 persons who have disappeared, and actions relating thereto, as 
 provided by chapter 576.  

    HIST: 1971 c 951 s 14; 1974 c 447 s 1 

     487.15 Civil jurisdiction. 

    The county court may hear, try, and determine actions at 
 law in which the amount in controversy does not exceed $15,000, 
 exclusive of interest and costs, except for causes involving 
 title to real estate. 

    HIST: 1971 c 951 s 15; 1982 c 398 s 5 

     487.16 Minor civil and criminal jurisdiction. 

    The county court shall also have jurisdiction in all civil 
 and criminal cases residing, on the effective date of Laws 1971, 
 chapter 951 and Laws 1973, chapter 679, in municipal courts 
 other than municipal courts in Hennepin and Ramsey counties.  
 The county court shall have gross misdemeanor jurisdiction.  

    HIST: 1971 c 951 s 16; 1973 c 679 s 11; 1979 c 41 s 3; 1982 c 
 398 s 6 

     487.17 Forcible entry and unlawful detainer. 

    Whether or not title to real estate is involved, the county 
 court has jurisdiction of actions of forcible entry and unlawful 
 detainer or actions for unlawful removal or exclusion pursuant 
 to section 566.175, involving land located wholly or partly 
 within the county court district and of actions seeking relief 
 for code violations pursuant to sections 566.18 to 566.33 
 involving premises located wholly or partly within the county 
 court district. 

    HIST: 1971 c 951 s 17; 1973 c 611 s 1; 1975 c 410 s 6; 1979 c 
 56 s 7 

     487.18 Criminal jurisdiction. 

    (a) The county court has jurisdiction to hear, try and 
 determine any charge of violation of a criminal law of this 
 state constituting a misdemeanor or gross misdemeanor committed 
 within the county court district and of any ordinance, charter 
 provision, rule or regulation of any subdivision of government 
 in the county court district. 

    (b) The county court has jurisdiction to conduct 
 preliminary hearings and to exercise all judicial powers 
 incident to preliminary hearing proceedings on the charge of 
 violation of any criminal law committed within the county court 
 district. 

    (c) The county court has jurisdiction to hear, try and 
 determine any matter constituting a petty misdemeanor. 

    HIST: 1971 c 951 s 18; 1973 c 679 s 12; 1982 c 398 s 7 

     487.19 Concurrent jurisdiction. 

    Subdivision 1.    Jurisdiction.  The county court shall 
 have concurrent jurisdiction in the following cases: 

    (a) Proceedings for the administration of trust estates or 
 actions relating thereto; 

    (b) Proceedings for divorce, annulment, and legal 
 separation, and actions related thereto, as prescribed by 
 chapter 518; 

    (c) Proceedings under the reciprocal enforcement of support 
 act, chapter 518C; 

    (d) Proceedings for adoption and change of name under 
 chapter 259; 

    (e) Proceedings to quiet title to real estate and real 
 estate mortgage foreclosures by action; and 

    (f) Proceedings for the determination of paternity of and 
 establishment and enforcement of child support payments for a 
 child born to a mother who was not married to the child's father 
 when the child was conceived nor when the child was born. 

    Subd. 2.  Any action within the jurisdiction of the county 
 court commenced in the district court may be transferred to the 
 county court for trial or other proceedings upon the motion of 
 any party, or upon the motion of the district court. 

    Subd. 3.  Where the county court judge or judges in a 
 county court district are disqualified from hearing a matter 
 within concurrent jurisdiction of the county and district 
 courts, or where the district court judge otherwise agrees to 
 hear a matter, said matter shall be transferred to the district 
 court for further proceedings. 

    HIST: 1971 c 951 s 19; 1973 c 679 s 13; 1977 c 282 s 12; 1978 
 c 772 s 62; 1983 c 7 s 12; 1983 c 243 s 5 subd 10 

     487.191 Merger with district courts. 

    Except in the second, third, fourth, and seventh judicial 
 districts, one year following certification to the secretary of 
 state of intention to reorganize the trial courts by a majority 
 of the district judges and a majority of the county or county 
 municipal judges of a judicial district, there shall be one 
 general trial court of the judicial district to be known as the 
 district court, which shall also be a probate court.  In the 
 second, third, fourth, and seventh judicial districts, the 
 judicial district reorganization shall become effective three 
 months after certification to the secretary of state of 
 intention to reorganize the trial courts by a majority of the 
 district judges and a majority of the county judges of the 
 second, third, fourth, and seventh judicial districts.  

    Upon the effective date of a judicial district 
 reorganization, the district court, except in the second and 
 fourth districts, shall also exercise the powers, duties, and 
 jurisdiction conferred upon courts by this chapter and chapters 
 260, 484, 491, 492, 493, and 525.  

    Upon the effective date of a judicial district 
 reorganization of the second or fourth districts, the district 
 court shall also exercise the powers conferred upon courts by 
 chapters 488A, 492, and 493.  

    Notwithstanding any other law, the county or county 
 municipal judges of the district in office on the effective date 
 of a reorganization shall be district judges and shall continue 
 in office for the balance of the term for which they were 
 elected or appointed and shall be entitled to run for reelection 
 districtwide as incumbent judges of the district court.  If a 
 reorganization plan from the fourth judicial district is 
 certified to the secretary of state prior to July 1, 1986, all 
 candidates for judgeships in the fourth judicial district shall 
 file and run for the office of district judge as if a 
 reorganization plan, filed pursuant to this section, were in 
 effect. 

    HIST: 1982 c 398 s 8; 1984 c 494 s 1; 1Sp1986 c 3 art 2 s 42 

     487.20 Absence of jurisdiction.  

    Subdivision 1.  Whenever it shall appear to the court that 
 the county court is without jurisdiction in a case pending 
 therein, the fact shall be recorded and upon order of the court 
 the court administrator shall transmit to the court 
 administrator of the district court of the county within the 
 county court district in which the case arose a certified 
 transcript of the record and all papers filed in this case.  
 Thereafter, the case shall proceed to judgment in the district 
 court as if it had there been commenced, and the costs shall 
 abide the event.  

    Subd. 2.  If a case is not transferred, it shall not fail 
 for want of jurisdiction, as to any party who was personally 
 served with legal process or other legal notice specifying the 
 relief sought or who voluntarily appeared.  

    HIST: 1971 c 951 s 20; 1Sp1986 c 3 art 1 s 82 

     487.21 Trial of civil and criminal actions. 

    Subdivision 1.  The court by rule shall designate the 
 locations within the county court district at which regular 
 sessions of the court shall be held provided, however, that 
 regular sessions of the court shall be held in at least the 
 county seat of each county within the county court district.  
 Upon petition of an incorporated municipality directed to the 
 county board of the county in which the municipality is located 
 and in which resolution the municipality agrees to provide at 
 its own expense suitable facilities for holding court sessions, 
 the county board may direct that court be held in such 
 municipality.  Upon petition of at least two governmental units 
 within the district night court shall be held at least once 
 every two weeks during regular session of court, commencing 
 after 7:00 p.m. at such place in the district that the court 
 shall designate.  The court, by rule, may limit the locations at 
 which jury trials shall be conducted provided, however, that the 
 court shall conduct jury trials in not less than one location in 
 each county within the county court district.  

    Subd. 2.  All civil actions shall be tried in the locations 
 designated by the county court rules with the location to be 
 specified in the summons unless, upon a showing of 
 inconvenience, the court orders the case to be heard at another 
 location within the same county court district.  

    Subd. 3.  The trial of all charges of criminal and 
 ordinance violations and all preliminary hearings shall be 
 conducted in the municipality where the alleged violation 
 occurred if the court regularly holds sessions at that location, 
 or in another location within the same county as the court 
 designates by rule.  

    Subd. 4.  If a municipality is located in more than one 
 county court district, or in more than one county within a 
 county court district, the county in which the city hall of the 
 municipality is located determines the county or county court 
 district in which the municipality shall be deemed located for 
 the purposes of sections 487.01 to 487.38 provided, however, 
 that the municipality by ordinance enacted may designate, for 
 those purposes, some other county or district in which a part of 
 the municipality is located.  

    HIST: 1971 c 951 s 21; 1973 c 679 s 14,15; 1987 c 346 s 7 

     487.22 Service.  

    All civil and criminal process and orders may be served and 
 enforced anywhere within the state.  

    HIST: 1971 c 951 s 22 

     487.23 Pleading, practice, procedure and forms in civil 
  actions. 

    Subdivision 1.    General.  Pleading, practice, 
 procedure and forms in civil actions shall be governed by rules 
 of civil procedure for county courts which shall be adopted by 
 the supreme court.  Until the rules become effective, such 
 matters are governed by the rules for municipal courts and rules 
 promulgated from time to time by the supreme court or by the 
 statutes governing the district court insofar as the rules 
 promulgated by the supreme court do not contain any applicable 
 provision.  The provisions of sections 487.01 to 487.38 relating 
 to pleading, practice, and procedure in civil actions shall be 
 effective as rules of court until modified or superseded by the 
 rules hereafter adopted by the supreme court.  Rules or 
 statutory provisions modified or superseded by the rules of 
 civil procedure for county courts adopted by the supreme court 
 shall be of no effect in any county court from and after the 
 effective date of said adopted rules. 

    Subd. 1a.    Conciliation court forms.  The supreme 
 court shall prescribe by rule forms for use in all the 
 conciliation courts of the state.  The forms prescribed shall be 
 uniform so that forms supplied by one conciliation court may be 
 used in any other conciliation court of the state. 

    Subd. 2.    Court rules.  The court may adopt rules 
 governing pleading, practice, procedure, and forms for civil 
 actions which are not inconsistent with the provisions of 
 sections 487.01 to 487.38, the rules for county courts 
 promulgated by the supreme court, or governing statutes. 

    Subd. 3.    Notes of issue; demand for jury trial; waiver 
 of jury trial.  (a) A party desiring to place a civil cause 
 upon the calendar for trial after issue is joined shall serve a 
 note of issue on all other parties and file it with the court 
 administrator, with proof of service within ten days after 
 service.  The note of issue shall state whether the issues are 
 of law or fact, whether trial by jury is demanded or waived, and 
 the name and address of the respective counsel. 

    (b) If any other party to the action desires a trial by 
 jury when none is demanded in the note of issue served upon the 
 party, the party shall serve a demand for trial by a jury on all 
 other parties to the action and file it with the court 
 administrator, with proof of service, within ten days after the 
 note of issue was served upon the party. 

    (c) If a jury is not demanded at the time and in the manner 
 provided in sections 487.01 to 487.38, all parties waive trial 
 by jury.  Jury trial may be waived also in the manner provided 
 by rule 38.02 of the rules for municipal courts promulgated by 
 the supreme court and rules promulgated by the supreme court 
 from time to time for county courts. 

    Subd. 4.    Five-sixths verdict.  In all civil cases, 
 after six hours of deliberation, the agreement of five-sixths of 
 any jury is a valid verdict.  The deliberation of the jury 
 commences when the officer taking charge of the jury has been 
 sworn.  The court administrator shall enter that time in the 
 administrator's records. 

    Subd. 5.    Costs allowable.  In all civil actions, 
 costs and disbursements allowed in county court shall be the 
 same as is provided for costs and disbursements in like actions 
 in the district court. 

    Subd. 6.    New trial or other determination.  In civil 
 actions, the court may: 

    (a) Grant a new trial to all or any of the parties and on 
 all or part of the issues; 

    (b) Grant a motion for judgment notwithstanding the verdict 
 or notwithstanding that the jury has disagreed and been 
 discharged; 

    (c) Open the judgment if one has been entered; 

    (d) Take additional testimony in a case tried without a 
 jury; 

    (e) Make amended findings of fact and conclusions of law 
 and direct entry of an amended judgment; 

    (f) Correct clerical mistakes in judgments, orders or other 
 parts of the record and errors therein arising from oversight or 
 omission; or 

    (g) Relieve a party or a party's legal representative from 
 a final judgment, order or other proceeding. 

    Subd. 7.  Repealed, 1973 c 679 s 38 

    Subd. 7a.    Lien of judgment.  Every judgment of the 
 county court requiring the payment of money shall be docketed by 
 the court administrator of county court upon the entry thereof.  
 From the time of such docketing the judgment shall be a lien, to 
 the amount unpaid thereon, upon all real property in the county 
 then or thereafter owned by the judgment debtor, except that no 
 judgment rendered in conciliation court shall become a lien upon 
 real estate until docketed in county court.  Such judgment shall 
 survive, and the lien thereof continue, for the period of ten 
 years next after its entry, and no longer.  No judgment, except 
 for taxes, shall be docketed until the judgment creditor, or the 
 creditor's agent or attorney, shall have filed with the court 
 administrator an affidavit, stating the full name, occupation, 
 place of residence, and post office address of the judgment 
 debtor, to the best of affiant's information and belief; and, if 
 such residence be within an incorporated place having more than 
 5,000 inhabitants, the street number of both the judgment 
 debtor's place of residence and place of business, if the 
 judgment debtor has one, shall be stated.  If the court 
 administrator shall violate this provision, neither the judgment 
 nor the docketing thereof shall be invalid, but the court 
 administrator shall be liable to any person damaged thereby in 
 the sum of $5. 

    Subd. 7b.    Obtaining and filing transcript.  Any 
 person who holds a judgment for an amount exceeding $10, 
 exclusive of interest and costs, may obtain from the court 
 administrator a certified transcript of the judgment and may 
 file the transcript in the office of the court administrator of 
 the district court.  If a transcript is given, the court 
 administrator of the county court shall note that part on the 
 record of the judgment and shall not thereafter issue a writ of 
 execution of the same judgment. 

    Subd. 7c.    Control of judgment by district court.  
 Upon the filing and docketing of the certified transcript the 
 judgment thereafter is exclusively under the control of the 
 district court and may be enforced by its process as though 
 originally rendered by the district court. 

    Subd. 7d.    Outstanding writ of execution.  The court 
 administrator shall not issue a certified transcript while a 
 writ of execution is outstanding on the judgment. 

    Subd. 8.    Writs of replevin, attachment and execution.  
  Writs of replevin, attachment and execution may be issued in 
 accordance with the practice and procedure for those writs in 
 district court, but a judge rather than a sheriff or police 
 officer shall approve all bonds requiring approval. 

    Subd. 9.    Satisfaction of execution.  When a writ of 
 execution has been delivered to an officer for enforcement, any 
 person indebted to the judgment debtor may pay the amount of the 
 debt, or as much of it as will satisfy the execution, to the 
 officer holding the writ and the receipt of that officer 
 reciting the facts when filed with the court administrator shall 
 be sufficient authority for the court administrator to discharge 
 or satisfy the debt or as much of the debt as is paid, which the 
 court administrator shall do forthwith upon the filing of such 
 receipts. 

    Subd. 10.    Garnishment.  Proceedings against 
 garnishees may be instituted in the same manner as in the 
 district courts of the state. 

    HIST: 1971 c 951 s 23; 1973 c 679 s 16-22; 1974 c 542 s 1; 
 1977 c 175 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 346 s 
 8-10 

     487.24 Forcible entry and unlawful detainer actions. 

    Subdivision 1.    Return days.  Return days for 
 forcible entry and unlawful detainer actions may be fixed by 
 rule promulgated by the court. 

    Subd. 2.    Procedure; forms.  Sections 566.01 to 
 566.16 apply to the county court.  The forms therein prescribed, 
 with appropriate modifications, may be used. 

    Subd. 3.    Default judgments.  Whenever a duly 
 verified complaint in an action of forcible entry or unlawful 
 detainer shows one of the causes of action set forth in section 
 566.03, and on the return day of the summons the defendant does 
 not appear, the judge of the county court, upon proof of the due 
 service of the summons, may find the defendant in default and 
 file an order for judgment accordingly. 

    HIST: 1971 c 951 s 24; 1973 c 679 s 23 

     487.25 Pleading, practice, procedure and forms in 
  criminal proceedings. 

    Subdivision 1.    General.  Except as otherwise provided 
 in sections 487.01 to 487.38 but subject to the provisions of 
 section 480.059, pleading, practice, procedure, and forms in 
 actions or proceedings charging violation of a criminal law or a 
 municipal ordinance, charter provision, or rule are governed by 
 the rules of criminal procedure. 

    Subd. 2.    Court rules.  The court may adopt rules 
 governing pleading, practice, procedure, and forms in actions or 
 proceedings charging a violation of a criminal law or a 
 municipal ordinance, charter provision, or rule.  The rules 
 shall be consistent with the rules of criminal procedure, the 
 provisions of sections 487.01 to 487.38 and any other statute of 
 this state. 

    Subd. 3. Repealed, 1979 c 233 s 42 

    Subd. 4. Repealed, 1979 c 233 s 42 

    Subd. 5. Repealed, 1979 c 233 s 42 

    Subd. 6.    Jury trials; imprisonment.  In any 
 prosecution brought in a county court or a county municipal 
 court in which conviction of the defendant for the offense 
 charged could result in imprisonment, the defendant has the 
 right to a jury trial. 

    Subd. 7.    Probation.  At the time of imposing 
 sentence the judge may stay imposition or execution of sentence 
 and place the defendant on probation with the same powers, in 
 the same manner, and upon like terms and conditions and with the 
 same effect, provided by law in any criminal case in the 
 district court.  If sentence of imprisonment is imposed and 
 execution thereof ordered, the court may at any time suspend the 
 further execution thereof, and order the release of the 
 defendant upon probation under similar terms and conditions.  If 
 the defendant who has been placed on probation violates the 
 terms or conditions thereof, the stay of imposition or execution 
 of sentence may be revoked in the manner provided in section 
 609.14. 

    Subd. 8. Repealed, 1979 c 233 s 42 

    Subd. 9.    Minutes of preliminary hearings.  The court 
 administrator shall keep minutes of preliminary hearings on 
 indictable offenses and make proper return to the court before 
 which the person charged with the offense may be bound to appear.

    Subd. 10.    Prosecuting attorneys.  Except as otherwise 
 provided by law, violations of state law that are petty 
 misdemeanors or misdemeanors must be prosecuted by the attorney 
 of the statutory or home rule charter city where the violation 
 is alleged to have occurred, if the city has a population 
 greater than 600.  If a city has a population of 600 or less, it 
 may, by resolution of the city council, and with the approval of 
 the board of county commissioners, give the duty to the county 
 attorney.  In cities of the first, second, and third class, 
 gross misdemeanor violations of sections 609.52, 609.535, 
 609.595, 609.631, and 609.821 must be prosecuted by the attorney 
 of the city where the violation is alleged to have occurred.  
 The statutory or home rule charter city may enter into an 
 agreement with the county board and the county attorney to 
 provide prosecution services for any criminal offense.  All 
 other petty misdemeanors, misdemeanors, and gross misdemeanors 
 must be prosecuted by the county attorney of the county in which 
 the alleged violation occurred.  All violations of a municipal 
 ordinance, charter provision, rule, or regulation must be 
 prosecuted by the attorney for the governmental unit that 
 promulgated the municipal ordinance, charter provision, rule, or 
 regulation, regardless of its population, or by the county 
 attorney with whom it has contracted to prosecute these matters. 

    In the counties of Anoka, Carver, Dakota, Scott, and 
 Washington, violations of state law that are petty misdemeanors, 
 misdemeanors, or gross misdemeanors except as provided in 
 section 388.051, subdivision 2, must be prosecuted by the 
 attorney of the statutory or home rule charter city where the 
 violation is alleged to have occurred.  The statutory or home 
 rule charter city may enter into an agreement with the county 
 board and the county attorney to provide prosecution services 
 for any criminal offense.  All other petty misdemeanors, 
 misdemeanors, or gross misdemeanors must be prosecuted by the 
 county attorney of the county in which the alleged violation 
 occurred.  All violations of a municipal ordinance, charter 
 provision, rule, or regulation must be prosecuted by the 
 attorney for the governmental unit that promulgated the 
 municipal ordinance, charter provision, rule, or regulation or 
 by the county attorney with whom it has contracted to prosecute 
 these matters. 

    Subd. 11.    Presumption of innocence.  In an action or 
 proceeding charging a violation of an ordinance of any 
 subdivision of government and the ordinance is the same or 
 substantially the same as a state law, the defendant is presumed 
 innocent until the contrary is proved and, in case of a 
 reasonable doubt, is entitled to acquittal. 

    Subd. 12.    Assistance of attorney general.  An 
 attorney for a statutory or home rule charter city in the 
 metropolitan area, as defined in section 473.121, subdivision 2, 
 may request, and the attorney general may provide, assistance in 
 prosecuting nonfelony violations of section 609.66, subdivision 
 1; 609.666; 624.713, subdivision 2; 624.7131, subdivision 11; 
 624.7132, subdivision 15; 624.714, subdivision 1 or 10; 
 624.7162, subdivision 3; or 624.7181, subdivision 2. 

    HIST: 1971 c 951 s 25; 1973 c 679 s 24,25; 1977 c 432 s 26; 
 1979 c 233 s 5,6; 1983 c 177 s 9; 1983 c 345 s 11; 1986 c 440 s 
 1; 1Sp1986 c 3 art 1 s 82; 1987 c 329 s 2; 1987 c 346 s 11,12; 
 1988 c 527 s 1; 1993 c 90 s 1; 1994 c 615 s 22; 1994 c 636 art 3 
 s 4 

     487.26 Petit jurors. 

    Subdivision 1.    Mode of selection.  Petit jurors for 
 the trial of all types of actions shall be selected as provided 
 in this section. 

    Subd. 2.    Selection; list.  All petit jurors to serve 
 in the county court in the county shall be selected from the 
 petit jurors listed for jury service by the district court.  
 Petit jurors listed for service in both courts shall have the 
 same qualifications and shall be selected by the district court 
 under the same procedure as is now provided by law for selecting 
 jurors for service in the district court.  Jurors summoned for 
 service in the county court shall report to and be excused, 
 governed, instructed and controlled by the chief judge of the 
 county court or a designee. 

    Subd. 3.  Repealed, 1973 c 679 s 38 

    Subd. 4.    Failure to attend.  Failure to attend as a 
 juror when duly drawn and summoned is punishable as contempt of 
 court. 

    Subd. 5.  Repealed, 1973 c 679 s 38 

    Subd. 6.    Compensation.  Jurors shall be paid from 
 the county treasury the same compensation and mileage as jurors 
 in the district court of the county where the county court is 
 located.  The court administrator shall deliver to the county 
 auditor a certificate showing the number of days of service and 
 the mileage for which each is entitled to receive compensation.  
 This certificate shall be filed with the county auditor who 
 shall issue a warrant on the county treasurer for the amount 
 due.  Any juror regularly summoned who actually attends at the 
 time named in the summons is entitled to a per diem and mileage 
 whether or not sworn as a juror.  

    Subd. 7.  Repealed, 1973 c 679 s 38 

    HIST: 1971 c 951 s 26; 1973 c 679 s 26; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82 

     487.27 Divisions. 

    Subdivision 1.  Subject to the provisions of section 244.19 
 and rules of the supreme court, a county court shall establish a 
 probate division, a family court division, and a civil and 
 criminal division which shall include a conciliation court, and 
 may establish within the civil and criminal division a traffic 
 and ordinance violations bureau.  

    Subd. 2.  The family court division shall include all cases 
 and proceedings arising under the Juvenile Court Act of this 
 state and all cases within the jurisdiction of the court arising 
 out of or affecting the family relationship including the civil 
 commitment of persons pursuant to chapter 253B.  For the purpose 
 of carrying out the duties of this division, the court, unless 
 otherwise not permitted by law, may utilize the services of the 
 local social services agency and the services provided in 
 section 244.19, to obtain social investigations, reports, 
 recommendations, supervision and other assistance as may be 
 directed by the court.  

    Subd. 3.  The probate division shall include all cases and 
 proceedings relating to the administration of estates of 
 deceased persons, of persons under guardianship, and proceedings 
 for the administration of trust estates or actions relating 
 thereto.  It shall also include all cases and proceedings 
 relating to the management of the property of persons who have 
 disappeared.  

    Subd. 4.  The civil and criminal division shall consist of 
 all cases and proceedings within the jurisdiction of the court 
 not included in another division.  

    HIST: 1971 c 951 s 27; 1973 c 679 s 27; 1974 c 447 s 2; 1975 c 
 263 s 1; 1982 c 581 s 24; 1994 c 631 s 31; 1997 c 239 art 9 s 51 

     487.28 Misdemeanor violations bureau. 

    Subdivision 1.    Establishment.  The county court may 
 establish, consistent with Rule 23 of the rules of criminal 
 procedure, misdemeanor violation bureaus at the places it 
 determines. 

    Subd. 2.    Supervision.  The judge shall supervise and 
 the court administrator shall operate the misdemeanor violations 
 bureaus in accordance with Rule 23 of the rules of criminal 
 procedure.  The court administrator shall assign one or more 
 deputy court administrators to discharge and perform the duties 
 of the bureaus. 

    HIST: 1971 c 951 s 28; 1979 c 233 s 14; 1Sp1986 c 3 art 1 s 82 

     487.29 Misdemeanor offenses. 

    A person who receives a misdemeanor citation shall proceed 
 as follows: 

    (a) If a fine for the violation may be paid at the bureau 
 without appearance before a judge, the person charged may pay 
 the fine in person or by mail to the bureau within the time 
 specified.  The payment of the fine shall be deemed to be the 
 entry of a plea of guilty to the violation charged and the plea 
 of guilty and waiver on the reverse side of the misdemeanor 
 citation shall be signed by the person charged. 

    (b) When a fine is not paid, the person charged must 
 appear before the court at the time specified in the citation.  
 If appearance before a misdemeanor bureau is designated in the 
 citation, the person charged must appear within the time 
 specified in the citation and arrange a date for arraignment in 
 the county court. 

    HIST: 1971 c 951 s 29; 1973 c 679 s 28; 1979 c 233 s 15 

  487.30 Repealed, 1993 c 321 s 7 

     487.31 Fees payable to court administrator. 

    Subdivision 1.  The fees payable to the court administrator 
 for the following services in civil actions are: 

    In all civil actions within the jurisdiction of the county 
 court, the fees payable to the court administrator shall be the 
 same as in district court.  The fee payable for cases heard in 
 conciliation court division is established under section 357.022.
 The filing fees must be transmitted to the county treasurer who 
 shall transmit them to the state treasurer for deposit in the 
 general fund. 

    The fees payable to the court administrator for the 
 following services in petty misdemeanors or criminal actions are 
 governed by the following provisions: 

    In the event the court takes jurisdiction of a prosecution 
 for the violation of a statute or ordinance by the state or a 
 governmental subdivision other than a city or town within the 
 county court district; all fines, penalties and forfeitures 
 collected shall be paid over to the treasurer of the 
 governmental subdivision which submitted a case for prosecution 
 except where a different disposition is provided by law, in 
 which case payment shall be made to the public official entitled 
 thereto.  The following fees for services in petty misdemeanor 
 or criminal actions shall be taxed to the state or governmental 
 subdivision which would be entitled to payment of the fines, 
 forfeiture or penalties in any case, and shall be retained by 
 the court administrator for disposing of the matter but in no 
 case shall the fee that is taxed exceed the fine that is 
 imposed.  The court administrator shall deduct the fees from any 
 fine collected and transmit the balance in accordance with the 
 law, and the deduction of the total of such fees each month from 
 the total of all such fines collected is hereby expressly made 
 an appropriation of funds for payment of such fees: 

    (1) In all cases where the defendant pleads guilty at or 
 prior to first appearance and sentence is imposed or the matter 
 is otherwise disposed of without a trial ..... $5 

    (2) Where the defendant pleads guilty after first 
 appearance or prior to trial ..... $10 

    (3) In all other cases where the defendant is found guilty 
 by the court or jury or pleads guilty during trial ..... $15 

    (4) The court shall have the authority to waive the 
 collection of fees in any particular case.  

    The fees set forth in this subdivision shall not apply to 
 parking violations for which complaints and warrants have not 
 been issued. 

    Subd. 2.  Fees payable to the court administrator for all 
 other services shall be fixed by court rule.  

    Subd. 3.  Except as provided in subdivision 1, fees are 
 payable to the court administrator in advance.  

    Subd. 4.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    HIST: 1971 c 951 s 31; 1973 c 123 art 5 s 7; 1973 c 679 s 
 30-32; 1986 c 442 s 3,4; 1Sp1986 c 3 art 1 s 82; 1989 c 335 art 
 3 s 30 

     487.32 Abandonment of deposits and bail.  

    Subdivision 1.  All sums deposited with the court 
 administrator to cover fees shall be deemed abandoned if the 
 fees are not disbursed or the services covered by the fees are 
 not performed and the person entitled to refund thereof does not 
 file a written demand for refund with the court administrator 
 within six months from the date of trial, dismissal or striking 
 of the cause as to jury fees and from the date of deposit as to 
 other fees. 

    Subd. 2.  Any bail not forfeited by court order shall be 
 deemed abandoned and forfeited if the person entitled to refund 
 does not file a written demand for refund with the court 
 administrator within six months from the date when the person 
 became entitled to the refund.  

    Subd. 3.  A judge of a county court may order any sums 
 forfeited to be reinstated and the county treasurer shall then 
 refund accordingly.  The county treasurer shall reimburse the 
 court administrator if the court administrator refunds the 
 deposit upon a judge's order and obtains a receipt to be used as 
 a voucher.  

    HIST: 1971 c 951 s 32; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     487.33 Disposition of fines, fees and other money; 
  accounts. 

    Subdivision 1.    Disposition.  Except as otherwise 
 provided by sections 487.01 to 487.38 or 574.34, the court 
 administrator shall pay to the county treasurer all fines, 
 penalties and fees collected by the court administrator, all 
 sums forfeited to the court and all other money received by the 
 court administrator no later than the tenth day of the month 
 following the month of collection. 

    Subd. 2.  In the event the court takes jurisdiction of a 
 prosecution for the violation of a statute or ordinance by the 
 state or a governmental subdivision other than a home rule 
 charter or statutory city or town within the county court 
 district, all fines, penalties, and forfeitures collected must 
 be paid over to the treasurer of the governmental subdivision 
 which submitted the case for prosecution except where a 
 different disposition is provided by law.  If a different 
 disposition is provided by law, payment must be made to the 
 public official entitled to it. 

    Subd. 3.  Amounts represented by checks issued by the court 
 administrator or received by the court administrator which have 
 not cleared by the end of the month may be shown on the monthly 
 account as having been paid or received, subject to adjustment 
 on later monthly accounts.  

    Subd. 4.  The court administrator may receive checks in 
 payment of fines, penalties, fees or other obligations as 
 conditional payments, and is not held accountable therefor until 
 collection in cash is made and then only to the extent of the 
 net collection after deduction of the necessary expense of 
 collection.  

    Subd. 5.    Allocation.  The court administrator shall 
 provide the county treasurer with the name of the municipality 
 or other subdivision of government where the offense was 
 committed which employed or provided by contract the arresting 
 or apprehending officer and the name of the municipality or 
 other subdivision of government which employed the prosecuting 
 attorney or otherwise provided for prosecution of the offense 
 for each fine or penalty and the total amount of fines or 
 penalties collected for each municipality or other subdivision 
 of government.  On or before the last day of each month, the 
 county treasurer shall pay over to the treasurer of each 
 municipality or subdivision of government within the county all 
 fines or penalties for parking violations for which complaints 
 and warrants have not been issued and one-third of all fines or 
 penalties collected during the previous month for offenses 
 committed within the municipality or subdivision of government 
 from persons arrested or issued citations by officers employed 
 by the municipality or subdivision or provided by the 
 municipality or subdivision by contract.  An additional 
 one-third of all fines or penalties shall be paid to the 
 municipality or subdivision of government providing prosecution 
 of offenses of the type for which the fine or penalty is 
 collected occurring within the municipality or subdivision, 
 imposed for violations of state statute or of an ordinance, 
 charter provision, rule or regulation of a city whether or not a 
 guilty plea is entered or bail is forfeited.  Except as provided 
 in section 299D.03, subdivision 5, or as otherwise provided by 
 law, all other fines and forfeitures and all fees and costs 
 collected by the court administrator shall be paid to the county 
 treasurer of the county in which the funds were collected who 
 shall dispense them as provided by law.  

    Subd. 6.  All fines, fees and penalties for parking 
 violations collected prior to August 1, 1975 shall be retained 
 as property of the governmental subdivision in possession on 
 that date, if collected pursuant to agreement with the county or 
 on the basis of a municipal ordinance establishing a parking use 
 or other fee except that the governmental subdivision may not 
 retain any moneys for any parking violations where the county 
 court has taken action or incurred expense.  

    HIST: 1971 c 951 s 33; 1973 c 123 art 5 s 7; 1973 c 679 s 33; 
 1975 c 137 s 1,2; 1983 c 177 s 10,11; 1986 c 442 s 5,6; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82; 1987 c 346 s 13 

     487.332 Joint powers. 

    Nothing contained in Laws 1983, chapter 177 shall supersede 
 any powers any governmental unit has under section 471.59.  

    HIST: 1983 c 177 s 13 

     487.34 Payment of witness fees and mileage.  

    The payment of fees and mileage to witnesses as ordered by 
 a county court judge in actions or proceedings involving a 
 charged violation of a criminal law or municipal ordinance shall 
 be in accordance with the provisions of section 357.24.  

    HIST: 1971 c 951 s 34; 1974 c 261 s 1 

     487.35 Justices of the peace; abolished. 

    Subdivision 1.  The office of justice of the peace is 
 abolished. 

    Subd. 2.  Repealed, 1977 c 432 s 49 

    Subd. 3.  Repealed, 1977 c 432 s 49 

    Subd. 4.  Repealed, 1977 c 432 s 49 

    Subd. 5.  Repealed, 1977 c 432 s 49 

    Subd. 6.  Repealed, 1977 c 432 s 49 

    HIST: 1971 c 951 s 35; 1977 c 432 s 27 

     487.36 Transfer of records; transfer of funds.  

    All judges and justices of the peace and all court 
 administrators abolished by Laws 1973, chapter 679 shall, by 
 January 1, 1974, or within 60 days after the establishment of a 
 county court, whichever is later, transmit to the court 
 administrator of the county court all pleadings, dockets and 
 other records in pending cases in the abolished courts and shall 
 pay over to the court administrator all money in the possession 
 of the judges, justices of the peace and court administrators 
 payable to the state or any subdivision with proper detail to 
 enable the court administrator of the county court to account to 
 the proper officials for the money.  

    HIST: 1971 c 951 s 36; 1973 c 679 s 34; 1Sp1986 c 3 art 1 s 82 

     487.37 Transfer of actions.  

    (a) All proceedings within the jurisdiction of a county 
 court which are pending in the district court on the date of the 
 establishment of a county court may be transferred to the county 
 court in the manner provided by this section.  

    (b) A case within the jurisdiction of the county court 
 commenced in the district court may be transferred to the county 
 court for trial or other proceedings upon the motion of any 
 party or upon the motion of the district court.  

    (c) A mandate of an appellate court issued on or after the 
 date of the establishment of a county court in respect of a case 
 within the jurisdiction of the county court determined by the 
 district court within the county shall be issued to that 
 district court.  Thereafter, the case may be transferred to the 
 county court of the county in which the action arose, and all 
 files, records and funds relating thereto shall be transferred 
 to the court administrator.  

    (d) A mandate of an appellate court issued on or after the 
 date of the establishment of a county court in respect of a case 
 determined by a municipal court abolished shall be issued to the 
 county court of the county within which the action arose and all 
 files, records and funds relating thereto shall be transferred 
 to the court administrator.  

    HIST: 1971 c 951 s 37; 1973 c 679 s 35; 1Sp1986 c 3 art 1 s 82 

     487.38 Judges' meetings. 

    The county court judges in meeting assembled may formulate 
 and revise the general rules of practice in county courts as 
 they deem expedient, conformable to law, and not inconsistent 
 with the County Court Act or the rules for county courts 
 promulgated by the supreme court.  Any other proper business 
 pertaining to county courts may also be transacted.  The actual 
 and necessary expenses incurred by attending judges shall be 
 paid as provided in section 487.02.  The judges shall also have 
 the powers conferred by section 525.06, upon judges of the 
 probate courts, and the powers conferred upon judges acting as 
 juvenile court judges by section 260.103. 

    HIST: 1971 c 951 s 38; 1979 c 41 s 4 

  487.39 Repealed, 1987 c 346 s 18 

     487.40 Notice to remove. 

    Subdivision 1.    Interest or bias of judge.  No judge 
 shall sit in any cause if interested in its determination, or if 
 the judge might be excluded for bias from acting therein. 

    Subd. 1a.    Application.  The provisions of sections 
 542.01 to 542.12 and 542.17 shall apply to actions in the county 
 court. 

    Subd. 2.    Initial and subsequent disqualification.  
 (a) Any party or the party's attorney, to a cause pending in a 
 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, may make and file with the 
 court administrator of the court in which the action is pending 
 and serve on the opposite party a notice to remove.  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 the defendant by law to prepare 
 for trial and in any of the 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 in the 
 chief judge's discretion change the place of trial to another 
 county. 

    (b) After a litigant has once disqualified a presiding 
 judge as a matter of right under this subdivision, the litigant 
 may disqualify the substitute judge, but only by making an 
 affirmative showing of prejudice.  A showing that the judge 
 might be excluded for bias from acting as a juror in the matter 
 constitutes an affirmative showing of prejudice.  If a litigant 
 makes an affirmative showing of prejudice against a substitute 
 judge, the chief judge of the judicial district shall assign any 
 other judge of any court within the district to hear the cause.  

    HIST: 1971 c 951 s 40; 1973 c 679 s 37; 1978 c 647 s 1; 1979 c 
 233 s 16,17; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

  487.41 Repealed, 1977 c 432 s 49