1998 Minnesota Statutes

CHAPTER 549. Costs, disbursements

     549.01 Agreement as to fees of attorney.  

    A party shall have an unrestricted right to agree with an 
 attorney as to compensation for services, and the measure and 
 mode thereof; but certain sums may be allowed to the prevailing 
 party for expenses in an action, which are termed costs.  

    HIST: (9470) RL s 4337; 1986 c 444 

     549.02 Costs. 

    Subdivision 1.    District court.  In actions commenced 
 in the district court, costs shall be allowed as follows: 

    To plaintiff:  (1) Upon a judgment in the plaintiff's favor 
 of $100 or more in an action for the recovery of money only, 
 $200.  (2) In all other actions, including an action by a public 
 employee for wrongfully denied or withheld employment benefits 
 or rights, except as otherwise specially provided, $200. 

    To defendant:  Upon discontinuance or dismissal or when 
 judgment is rendered in the defendant's favor on the merits, 
 $200. 

    To the prevailing party:  $5.50 for the cost of filing a 
 satisfaction of the judgment. 

    This section does not apply to actions removed to district 
 court from conciliation court. 

    Subd. 2.    On appeal.  Upon a judgment on the merits on 
 appeal to the court of appeals or supreme court, additional 
 costs in the amount of $300 shall be allowed to the prevailing 
 party. 

    HIST: (9471) RL s 4338; 1974 c 413 s 1; 1986 c 444; 1988 c 484 
 s 3; 1992 c 591 s 20; 1993 c 192 s 103 

     549.03 Actions for services; double costs. 

    When any person who employed another to perform any labor 
 or service neglects or refuses to pay the agreed price, or the 
 reasonable value if there is no agreement, for 30 days after it 
 is due and payment is demanded, and the payment is recovered by 
 action, there shall be allowed to the plaintiff, and included in 
 the judgment, all of the disbursements allowed by law and double 
 the costs. 

    HIST: (9472) RL s 4339; 1907 c 200 s 1; 1983 c 359 s 77; 1986 
 c 444 

     549.04 Disbursements; taxation and allowance. 

    In every action in a district court, the prevailing party, 
 including any public employee who prevails in an action for 
 wrongfully denied or withheld employment benefits or rights, 
 shall be allowed reasonable disbursements paid or incurred, 
 including fees and mileage paid for service of process by the 
 sheriff or by a private person.  

    HIST: (9473) RL s 4340; 1943 c 508 s 1; 1974 c 413 s 2; 1983 c 
 93 s 1 

     549.05 Costs in certain cases commenced in district 
  court of fourth judicial district cognizable by municipal court. 

    In any action commenced in the district court of the fourth 
 judicial district, no costs or disbursements shall be allowed 
 the plaintiff where there is a municipal court in the district 
 where such action is brought, having jurisdiction of the subject 
 matter and in which jurisdiction of the defendant or defendants 
 could be acquired, and in case the amount of recovery by the 
 plaintiff in such an action is less than $200, the plaintiff 
 shall pay the defendant's costs and disbursements.  

    HIST: (9473-1) 1925 c 326 

     549.06 Several actions; costs, how allowed. 

    When several actions are brought on one instrument, or for 
 the same cause of action, against several parties who might have 
 been joined as defendants in the same action, costs shall be 
 allowed to the plaintiff in but one of such actions, to be 
 selected by the plaintiff, if at the commencement of such action 
 the defendants in the other actions were openly within the 
 state; but plaintiff's disbursements may be allowed as provided 
 in section 549.04. 

    HIST: (9474) RL s 4341; 1977 c 347 s 62; 1986 c 444 

     549.07 Equitable actions; several defendants.  

    In equitable actions, costs may be allowed or not, and, if 
 allowed, may be apportioned between the parties on the same or 
 adverse sides, in the discretion of the court.  When there are 
 several defendants not united in interest, and making separate 
 defenses by separate answers, and plaintiff fails to recover 
 judgment against all, the court may award costs to such 
 defendants as have judgment in their favor, or any of them.  

    HIST: (9475) RL s 4342 

     549.08 Action on judgment.  

    Costs shall not be allowed to plaintiff in an action upon a 
 domestic judgment between the same parties, unless such action 
 was brought with previous leave of the court for cause shown; 
 but this shall not apply to an action upon the judgment of a 
 justice brought in another county or in the same county where 
 the summons was not served upon all the defendants, or in case 
 of the death of a party, or the death, resignation, incapacity 
 to act, or removal from the county of the justice, or the loss 
 of the docket.  

    HIST: (9476) RL s 4343; 1986 c 444 

     549.09 Interest on verdicts, awards, and judgments. 

    Subdivision 1.    When owed; rate.  (a) When a judgment 
 or award is for the recovery of money, including a judgment for 
 the recovery of taxes, interest from the time of the verdict, 
 award, or report until judgment is finally entered shall be 
 computed by the court administrator or arbitrator as provided in 
 clause (c) and added to the judgment or award.  

    (b) Except as otherwise provided by contract or allowed by 
 law, preverdict, preaward, or prereport interest on pecuniary 
 damages shall be computed as provided in clause (c) from the 
 time of the commencement of the action or a demand for 
 arbitration, or the time of a written notice of claim, whichever 
 occurs first, except as provided herein.  The action must be 
 commenced within two years of a written notice of claim for 
 interest to begin to accrue from the time of the notice of 
 claim.  If either party serves a written offer of settlement, 
 the other party may serve a written acceptance or a written 
 counteroffer within 30 days.  After that time, interest on the 
 judgment or award shall be calculated by the judge or arbitrator 
 in the following manner.  The prevailing party shall receive 
 interest on any judgment or award from the time of commencement 
 of the action or a demand for arbitration, or the time of a 
 written notice of claim, or as to special damages from the time 
 when special damages were incurred, if later, until the time of 
 verdict, award, or report only if the amount of its offer is 
 closer to the judgment or award than the amount of the opposing 
 party's offer.  If the amount of the losing party's offer was 
 closer to the judgment or award than the prevailing party's 
 offer, the prevailing party shall receive interest only on the 
 amount of the settlement offer or the judgment or award, 
 whichever is less, and only from the time of commencement of the 
 action or a demand for arbitration, or the time of a written 
 notice of claim, or as to special damages from when the special 
 damages were incurred, if later, until the time the settlement 
 offer was made.  Subsequent offers and counteroffers supersede 
 the legal effect of earlier offers and counteroffers.  For the 
 purposes of clause (2), the amount of settlement offer must be 
 allocated between past and future damages in the same proportion 
 as determined by the trier of fact.  Except as otherwise 
 provided by contract or allowed by law, preverdict, preaward, or 
 prereport interest shall not be awarded on the following:  

    (1) judgments, awards, or benefits in workers' compensation 
 cases, but not including third-party actions; 

    (2) judgments or awards for future damages; 

    (3) punitive damages, fines, or other damages that are 
 noncompensatory in nature; 

    (4) judgments or awards not in excess of the amount 
 specified in section 491A.01; and 

    (5) that portion of any verdict, award, or report which is 
 founded upon interest, or costs, disbursements, attorney fees, 
 or other similar items added by the court or arbitrator. 

    (c) The interest shall be computed as simple interest per 
 annum.  The rate of interest shall be based on the secondary 
 market yield of one year United States treasury bills, 
 calculated on a bank discount basis as provided in this section. 

    On or before the 20th day of December of each year the 
 state court administrator shall determine the rate from the 
 secondary market yield on one year United States treasury bills 
 for the most recent calendar month, reported on a monthly basis 
 in the latest statistical release of the board of governors of 
 the federal reserve system.  This yield, rounded to the nearest 
 one percent, shall be the annual interest rate during the 
 succeeding calendar year.  The state court administrator shall 
 communicate the interest rates to the court administrators and 
 sheriffs for use in computing the interest on verdicts and shall 
 make the interest rates available to arbitrators. 

    When a judgment creditor, or the judgment creditor's 
 attorney or agent, has received a payment after entry of 
 judgment, whether the payment is made voluntarily by or on 
 behalf of the judgment debtor, or is collected by legal process 
 other than execution levy where a proper return has been filed 
 with the court administrator, the judgment creditor, or the 
 judgment creditor's attorney, before applying to the court 
 administrator for an execution shall file with the court 
 administrator an affidavit of partial satisfaction.  The 
 affidavit must state the dates and amounts of payments made upon 
 the judgment after the most recent affidavit of partial 
 satisfaction filed, if any; the part of each payment that is 
 applied to taxable disbursements and to accrued interest and to 
 the unpaid principal balance of the judgment; and the accrued, 
 but the unpaid interest owing, if any, after application of each 
 payment. 

    (d) This section does not apply to arbitrations between 
 employers and employees under chapter 179 or 179A.  An 
 arbitrator is neither required to nor prohibited from awarding 
 interest under chapter 179 or under section 179A.16 for 
 essential employees. 

    Subd. 2.    Accrual of interest.  During each calendar 
 year, interest shall accrue on the unpaid balance of the 
 judgment or award from the time that it is entered or made until 
 it is paid, at the annual rate provided in subdivision 1.  The 
 court administrator shall compute and add the accrued interest 
 to the total amount to be collected when the execution is issued 
 and compute the amount of daily interest accruing during the 
 calendar year.  The person authorized by statute to make the 
 levy shall compute and add interest from the date that the writ 
 of execution was issued to the date of service of the writ of 
 execution and shall direct the daily interest to be computed and 
 added from the date of service until any money is collected as a 
 result of the levy.  

    Subd. 3.    Deductions.  If an affidavit is filed 
 pursuant to subdivision 4, a judgment creditor, or the judgment 
 creditor's attorney or agent, is entitled to deduct from any 
 payment made upon a judgment, whether the payment is made 
 voluntarily by or on behalf of the judgment debtor, or is 
 collected by legal process, all disbursements that are made 
 taxable by statute or by rule of court, that have been paid or 
 incurred by the judgment creditor or the judgment creditor's 
 attorney, after the entry of judgment.  Any remaining portion of 
 the payment must be applied to the interest that has accrued 
 upon the unpaid principal balance of the judgment before any 
 remaining part is applied to reduce the unpaid principal balance 
 of the judgment.  

    Subd. 4.    Affidavit.  A judgment creditor, or the 
 judgment creditor's attorney, may file an affidavit specifying 
 the nature and amount of taxable disbursements paid or incurred 
 by the judgment creditor, or the judgment creditor's attorney, 
 after the entry of judgment.  An execution issued by the court 
 administrator must include increased disbursements as are 
 included in the affidavit filed with the court administrator. 

    HIST: (9477) RL s 4344; 1909 c 371 s 1; 1979 c 105 s 1; 1980 c 
 509 s 179; 1984 c 399 s 1; 1984 c 472 s 2; 1986 c 455 s 81; 
 1Sp1986 c 3 art 1 s 82; 1987 c 273 s 3; 1988 c 503 s 1; 1991 c 
 266 s 10; 1991 c 321 s 7; 1992 c 363 art 1 s 8; 1993 c 321 s 5; 
 1994 c 465 art 1 s 58 

  549.10 Repealed, 1974 c 394 s 12 

     549.11 Costs allowed on motion or demurrer.  

    Costs may be allowed on motion, demurrer, or appeal from 
 taxation of costs, in the discretion of the court or judge, not 
 exceeding $10, and may be absolute, or directed to abide the 
 event of the action.  

    HIST: (9479) RL s 4346 

     549.12 Against guardian of infant plaintiff.  

    When costs or disbursements are adjudged against an infant 
 plaintiff, the guardian by whom the infant appears in the action 
 shall be responsible for them, and judgment therefor may be 
 entered against both infant and guardian.  

    HIST: (9480) RL s 4347; 1986 c 444 

     549.13 Defendant after tender.  

    When in an action on contract, express or implied, the 
 defendant alleges in the answer that before the commencement of 
 the action the defendant tendered to the plaintiff the full 
 amount to which the plaintiff was entitled, and thereupon 
 deposits in court for the plaintiff the amount so tendered, and 
 the allegation is found true, the defendant shall be entitled to 
 costs and disbursements. 

    HIST: (9481) RL s 4348; 1986 c 444 

     549.14 Chargeable on estate or fund.  

    In an action prosecuted or defended by an executor, 
 administrator, trustee of an express trust, or person expressly 
 authorized by statute, costs and disbursements may be recovered 
 as in an action by and against a person prosecuting or defending 
 in the person's own right.  The same shall be made chargeable 
 only upon the estate, fund, or party represented, unless the 
 court shall direct the same to be paid by the plaintiff or 
 defendant personally, for mismanagement or bad faith in the 
 action; but no costs or disbursements are recoverable against an 
 executor or administrator unless it appears that the demand was 
 first presented to the executor or administrator, verified by 
 oath, and payment demanded.  

    HIST: (9482) RL s 4349; 1986 c 444 

     549.15 Relator entitled to, and liable for, costs.  

    When an action or proceeding is instituted in the name of 
 the state on the relation or petition of any citizen, such 
 relator or petitioner is entitled to, and liable for, costs and 
 disbursements in the same cases and to the same extent as if 
 such action or proceeding had been instituted in the relator's 
 or petitioner's own name.  

    HIST: (9483) RL s 4350; 1986 c 444 

  549.16 Repealed, 1983 c 359 s 151 

     549.17 Additional costs on change of venue; amount; 
  payment or waiver of; taxation.  

    When service of summons is made upon a defendant within a 
 county of which the defendant is an actual resident at the time 
 of such service, and the place of trial of such action is 
 thereafter changed to such county in the manner provided by 
 section 542.10, or when service of summons is made upon a 
 defendant in a county of which the defendant is not a resident, 
 and the place of such trial is in like manner changed to a 
 county of which the defendant has been an actual resident for 
 more than one year immediately preceding such service, which 
 fact shall be set forth in defendant's affidavit for change of 
 venue, the plaintiff shall forthwith in either case, pay to each 
 defendant demanding such change of venue the sum of $10 as 
 additional costs.  

    No judgment shall be entered by plaintiff in any cause, the 
 venue of which has been changed as aforesaid, until the 
 plaintiff shall have filed with the court administrator a 
 receipt for, or a waiver of, such sum by all of the defendants 
 who demanded such change of venue, or their respective attorneys.
 Such sums if not paid by plaintiff, or waived by defendant, may 
 be taxed against plaintiff by defendant as other costs if 
 defendant prevails, or deducted from plaintiff's judgment, if 
 plaintiff prevails.  The provisions of this section shall not 
 apply to causes where there are several defendants residing in 
 different counties, or an even number of defendants, and the 
 place or trial is determined by joinder of demands or nearness 
 to the county seat and not by actual residence of the defendants 
 as of right.  

    HIST: (9487-1) 1925 c 242 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 
 82 

     549.18 Security for costs.  

    When an action is begun in the district court by a 
 plaintiff who is committed for a crime, or is a nonresident or a 
 foreign corporation, or when such action is brought into the 
 district court on appeal by defendant, such plaintiff shall file 
 a bond to the court administrator, before service of summons, or 
 in case of appeal within five days after perfecting the same, in 
 the sum of at least $75, conditioned for the payment of all 
 costs and disbursements that may be adjudged against the 
 plaintiff.  If, after the commencement of the action or the 
 taking of an appeal, all parties plaintiff therein become 
 nonresidents, or the sureties on the bond remove from the state 
 or become insolvent, the court, on motion, may require such 
 bond, or an additional bond, to be filed, conditioned as 
 aforesaid.  This section shall not apply to any action brought 
 for the recovery of wages or claims for personal services.  

    HIST: (9488) RL s 4355; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     549.19 Neglect to file security; prosecution of bond.  

    When any party shall commence an action without filing a 
 bond, or fail to provide an additional bond when so required, 
 the court, on motion of defendant, may order a stay of all 
 proceedings in such action, or a dismissal thereof at the cost 
 of the attorney commencing the same.  When judgment is entered 
 against any party who has given security as required, and the 
 costs and disbursements adjudged against the party remain unpaid 
 in whole or in part for ten days, such bond may be put in suit 
 and prosecuted to final judgment.  

    HIST: (9489) RL s 4356; 1986 c 444 

     549.191 Claim for punitive damages. 

    Upon commencement of a civil action, the complaint must not 
 seek punitive damages.  After filing the suit a party may make a 
 motion to amend the pleadings to claim punitive damages.  The 
 motion must allege the applicable legal basis under section 
 549.20 or other law for awarding punitive damages in the action 
 and must be accompanied by one or more affidavits showing the 
 factual basis for the claim.  At the hearing on the motion, if 
 the court finds prima facie evidence in support of the motion, 
 the court shall grant the moving party permission to amend the 
 pleadings to claim punitive damages.  For purposes of tolling 
 the statute of limitations, pleadings amended under this section 
 relate back to the time the action was commenced. 

    HIST: 1986 c 455 s 82 

     549.20 Punitive damages. 

    Subdivision 1.  (a) Punitive damages shall be allowed in 
 civil actions only upon clear and convincing evidence that the 
 acts of the defendant show deliberate disregard for the rights 
 or safety of others. 

    (b) A defendant has acted with deliberate disregard for the 
 rights or safety of others if the defendant has knowledge of 
 facts or intentionally disregards facts that create a high 
 probability of injury to the rights or safety of others and: 

    (1) deliberately proceeds to act in conscious or 
 intentional disregard of the high degree of probability of 
 injury to the rights or safety of others; or 

    (2) deliberately proceeds to act with indifference to the 
 high probability of injury to the rights or safety of others. 

    Subd. 2.  Punitive damages can properly be awarded against 
 a master or principal because of an act done by an agent only if:

    (a) the principal authorized the doing and the manner of 
 the act, or 

    (b) the agent was unfit and the principal deliberately 
 disregarded a high probability that the agent was unfit, or 

    (c) the agent was employed in a managerial capacity with 
 authority to establish policy and make planning level decisions 
 for the principal and was acting in the scope of that 
 employment, or 

    (d) the principal or a managerial agent of the principal, 
 described in clause (c), ratified or approved the act while 
 knowing of its character and probable consequences. 

    Subd. 3.  Any award of punitive damages shall be measured 
 by those factors which justly bear upon the purpose of punitive 
 damages, including the seriousness of hazard to the public 
 arising from the defendant's misconduct, the profitability of 
 the misconduct to the defendant, the duration of the misconduct 
 and any concealment of it, the degree of the defendant's 
 awareness of the hazard and of its excessiveness, the attitude 
 and conduct of the defendant upon discovery of the misconduct, 
 the number and level of employees involved in causing or 
 concealing the misconduct, the financial condition of the 
 defendant, and the total effect of other punishment likely to be 
 imposed upon the defendant as a result of the misconduct, 
 including compensatory and punitive damage awards to the 
 plaintiff and other similarly situated persons, and the severity 
 of any criminal penalty to which the defendant may be subject. 

    Subd. 4.    Separate proceeding.  In a civil action in 
 which punitive damages are sought, the trier of fact shall, if 
 requested by any of the parties, first determine whether 
 compensatory damages are to be awarded.  Evidence of the 
 financial condition of the defendant and other evidence relevant 
 only to punitive damages is not admissible in that proceeding.  
 After a determination has been made, the trier of fact shall, in 
 a separate proceeding, determine whether and in what amount 
 punitive damages will be awarded. 

    Subd. 5.    Judicial review.  The court shall 
 specifically review the punitive damages award in light of the 
 factors set forth in subdivision 3 and shall make specific 
 findings with respect to them.  The appellate court, if any, 
 also shall review the award in light of the factors set forth in 
 that subdivision.  Nothing in this section may be construed to 
 restrict either court's authority to limit punitive damages. 

    HIST: 1978 c 738 s 4; 1986 c 444; 1990 c 555 s 15-18 

  549.21 Repealed, 1997 c 213 art 2 s 6 

     549.211 Sanctions in civil actions. 

    Subdivision 1.    Acknowledgment required.  The parties 
 by their attorneys in a civil action shall attach to and make a 
 part of the pleading, written motions, and papers served on the 
 opposite party or parties a signed acknowledgment stating that 
 the parties acknowledge that sanctions may be imposed under this 
 section. 

    Subd. 2.    Effect of acknowledgment.  By presenting to 
 the court, whether by signing, filing, submitting, or later 
 advocating, a pleading, written motion, or other paper, an 
 attorney or unrepresented party is certifying that to the best 
 of the person's knowledge, information, and belief, formed after 
 an inquiry reasonable under the circumstances: 

    (1) it is not being presented for any improper purpose, 
 such as to harass or to cause unnecessary delay or needless 
 increase in the cost of litigation; 

    (2) the claims, defenses, and other legal contentions are 
 warranted by existing law or by a nonfrivolous argument for the 
 extension, modification, or reversal of existing law or the 
 establishment of new law; 

    (3) the allegations and other factual contentions have 
 evidentiary support or, if specifically so identified, are 
 likely to have evidentiary support after a reasonable 
 opportunity for further investigation or discovery; and 

    (4) the denials of factual contentions are warranted on the 
 evidence or, if specifically so identified, are reasonably based 
 on a lack of information or belief. 

    Subd. 3.    Sanctions may be imposed.  If, after notice 
 and a reasonable opportunity to respond, the court determines 
 that subdivision 2 has been violated, the court may, subject to 
 the conditions in this section, impose an appropriate sanction 
 upon the attorneys, law firms, or parties that have violated 
 subdivision 2 or are responsible for the violation. 

    Subd. 4.    How initiated.  (a) A motion for sanctions 
 under this section must be made separately from other motions or 
 requests and describe the specific conduct alleged to violate 
 subdivision 2.  It must be served as provided under the Rules of 
 Civil Procedure, but may not be filed with or presented to the 
 court unless, within 21 days after service of the motion, or 
 another period as the court may prescribe, the challenged paper, 
 claim, defense, contention, allegation, or denial is not 
 withdrawn or appropriately corrected.  If warranted, the court 
 may award to the party prevailing on the motion the reasonable 
 expenses and attorney's fees incurred in presenting or opposing 
 the motion.  Absent exceptional circumstances, a law firm is 
 jointly responsible for violations committed by its partners, 
 associates, and employees. 

    (b) On its own initiative, the court may enter an order 
 describing the specific conduct that appears to violate 
 subdivision 2 and directing an attorney, law firm, or party to 
 show cause why it has not violated subdivision 2 with respect to 
 that conduct. 

    Subd. 5.    Nature of sanction; limitations.  (a) A 
 sanction imposed for violation of this section must be limited 
 to what is sufficient to deter repetition of the conduct or 
 comparable conduct by others similarly situated.  Subject to the 
 limitations in paragraph (b), the sanction may consist of, or 
 include, directives of a nonmonetary nature, an order to pay a 
 penalty into court, or, if imposed on motion and warranted for 
 effective deterrence, an order directing payment to the movant 
 of some or all of the reasonable attorneys' fees and other 
 expenses incurred as a direct result of the violation. 

    (b) Monetary sanctions may not be awarded against a 
 represented party for a violation of subdivision 2, clause (2).  
 Monetary sanctions may not be awarded on the court's initiative 
 unless the court issues its order to show cause before a 
 voluntary dismissal or settlement of the claims made by or 
 against the party which is, or whose attorneys are, to be 
 sanctioned. 

    (c) When imposing sanctions, the court shall describe the 
 conduct determined to constitute a violation of this section and 
 explain the basis for the sanction imposed. 

    Subd. 6.    Application; effect on other sanctions.  (a) 
 This section does not apply to disclosures and discovery 
 requests, responses, objections, and motions that are subject to 
 discovery provisions and remedies of the Rules of Civil 
 Procedure. 

    (b) An order or award of sanctions under this section is 
 without prejudice and an alternative to sanctions that may be 
 asserted under the Rules of Civil Procedure. 

    HIST: 1997 c 213 art 1 s 1 

  549.23 Repealed, 1990 c 555 s 23 

  549.24 Repealed, 1990 c 555 s 23 

     549.25 Future damages; payment. 

    Where a claimant is awarded an amount representing future 
 damages greater than $100,000, the court shall hold a hearing 
 prior to ordering entry of judgment to allow the claimant to 
 consider whether payment of the future damages over time as the 
 damages are incurred is in the best interests of the claimant.  
 The following factors may be considered at the hearing, as well 
 as any others as justice requires: 

    (1) the claimant's financial ability to meet obligations 
 likely to be incurred as a result of the injury at issue in the 
 trial; 

    (2) the advantages, if any, to the claimant from 
 voluntarily entering into a structured settlement; and 

    (3) the interests of the claimant in self-determination 
 over the claimant's financial affairs. 

    If the claimant decides, after the hearing, that structured 
 payments of future damages would be in the claimant's best 
 interests, the court shall make available information to assist 
 the claimant in seeking an appropriate financial instrument to 
 provide such payments.  Judgment may not be entered until the 
 claimant has notified the court that the claimant does not wish 
 to enter into a structured settlement. 

    HIST: 1988 c 503 s 2