2001 Minnesota Statutes

CHAPTER 484. District courts

     484.01 Jurisdiction. 

    Subdivision 1.    General.  The district courts shall 
 have original jurisdiction in all civil actions within their 
 respective districts, in all cases of crime committed or triable 
 therein, in all special proceedings not exclusively cognizable 
 by some other court or tribunal, and in all other cases wherein 
 such jurisdiction is especially conferred upon them by law.  
 They shall also have appellate jurisdiction in every case in 
 which an appeal thereto is allowed by law from any other court, 
 officer, or body. 

    Subd. 2.    Civil service reviews.  Notwithstanding any 
 law to the contrary, the district court has jurisdiction to 
 review a final decision or order of a civil service commission 
 or board upon the petition of an employee or appointing 
 authority in any first-class city.  The employee and appointing 
 authority have standing to seek judicial review in all these 
 cases.  Review of the decision or order may be had by securing 
 issuance of a writ of certiorari within 60 days after the date 
 of mailing notice of the decision to the party applying for the 
 writ.  To the extent possible, the provisions of rules 110, 111, 
 and 115 of the Rules of Civil Appellate Procedure govern the 
 procedures to be followed.  Each reference in those rules to the 
 court of appeals, the trial court, the trial court 
 administrator, and the notice of appeal must be read, where 
 appropriate, as a reference to the district court, the body 
 whose decision is to be reviewed, to the administrator, clerk, 
 or secretary of that body, and to the writ of certiorari, 
 respectively.  This subdivision does not alter or amend the 
 application of sections 197.455 and 197.46, relating to veterans 
 preference. 

    HIST: (154) RL s 90; 1993 c 152 s 1 

     484.011 Jurisdiction in second and fourth judicial 
  districts. 

    In the second and fourth judicial districts the district 
 court shall also be a probate court.  

    HIST: 1982 c 398 s 3 

     484.012 Court administrator of probate court, second 
  judicial district. 

    Notwithstanding section 525.09 the judicial district 
 administrator in the second judicial district may appoint a 
 court administrator of the probate court for the district 
 subject to the approval of the chief judge and assistant chief 
 judge who shall serve at the pleasure of the judges of the 
 district, who shall be supervised by the judicial district 
 administrator, and whose salary shall be fixed by the Ramsey 
 county board of commissioners.  

    HIST: 1982 c 398 s 23; 1Sp1986 c 3 art 1 s 82 

     484.013 Housing calendar consolidation program. 

    Subdivision 1.    Establishment.  (a) A program is 
 established in the second and fourth judicial districts to 
 consolidate the hearing and determination of matters related to 
 residential rental housing and to ensure continuity and 
 consistency in the disposition of cases. 

    (b) Outside the second and fourth judicial districts, a 
 district court may establish the program described in paragraph 
 (a) in counties that it specifies in the district. 

    Subd. 2.    Jurisdiction.  The housing calendar program 
 may consolidate the hearing and determination of all proceedings 
 under chapter 504B; criminal and civil proceedings related to 
 violations of any state, county or city health, safety, housing, 
 building, fire prevention or housing maintenance code; escrow of 
 rent proceedings; and actions for rent abatement.  A proceeding 
 under sections 504B.281 to 504B.371 may not be delayed because 
 of the consolidation of matters under the housing calendar 
 program.  

    The program must provide for the consolidation of 
 landlord-tenant damage actions and actions for rent at the 
 request of either party.  A court may not consolidate claims 
 unless the plaintiff has met the applicable jurisdictional and 
 procedural requirements for each cause of action.  A request for 
 consolidation of claims by the plaintiff does not require 
 mandatory joinder of defendant's claims, and a defendant is not 
 barred from raising those claims at another time or forum. 

    Subd. 3.    Referee.  The chief judge of district court 
 may appoint a referee for the housing calendar program.  The 
 referee must be learned in the law.  The referee must be 
 compensated according to the same scale used for other referees 
 in the district court.  Section 484.70, subdivision 6, applies 
 to the housing calendar program. 

    Subd. 4.    Referee duties.  The duties and powers of 
 the referee in the housing calendar program are as follows: 

    (1) to hear and report all matters within the jurisdiction 
 of the housing calendar program and as may be directed to the 
 referee by the chief judge; and 

    (2) to recommend findings of fact, conclusions of law, 
 temporary and interim orders, and final orders for judgment. 

    All recommended orders and findings of the referee are 
 subject to confirmation by a judge. 

    Subd. 5.    Transmittal of court file.  Upon the 
 conclusion of the hearing in each case, the referee shall 
 transmit to the district court judge, the court file together 
 with the referee's recommended findings and orders in writing.  
 The recommended findings and orders of the referee become the 
 findings and orders of the court when confirmed by the district 
 court judge.  The order of the court is proof of the 
 confirmation. 

    Subd. 6.    Confirmation of referee orders.  Review of a 
 recommended order or finding of the referee by a district court 
 judge may be had by notice served and filed within ten days of 
 effective notice of the recommended order or finding.  The 
 notice of review must specify the grounds for the review and the 
 specific provisions of the recommended findings or orders 
 disputed, and the district court judge, upon receipt of the 
 notice of review, shall set a time and place for the review 
 hearing. 

    Subd. 7.    Procedures.  The chief judge of the district 
 must establish procedures for the implementation of the program, 
 including designation of a location for the hearings.  The chief 
 judge may also appoint other staff as necessary for the program. 

    Subd. 8.    Evaluation.  The state court administrator 
 may establish a procedure in consultation with the chief judge 
 of each district, each district administrator, and an advisory 
 group for evaluating the efficiency and the effectiveness of 
 consolidating the hearing of residential rental housing 
 matters.  An advisory group, appointed by the state court 
 administrator, may be established to provide ongoing oversight 
 and evaluation of the housing calendar consolidation program.  
 The advisory group must include representatives of the second 
 and fourth judicial districts and must be composed of at least 
 one representative from each of the following groups:  the state 
 court administrator's office; the district court administrator's 
 office; the district judges; owners of rental property; and 
 tenants. 

    HIST: 1993 c 265 s 6; 1993 c 317 s 16; 1999 c 199 art 2 s 20; 
 1999 c 216 art 6 s 16,17 

     484.014 Housing records; expungement of eviction 
  information. 

    Subdivision 1.    Definitions.  For the purpose of this 
 section, the following terms have the meanings given: 

    (1) "expungement" means the removal of evidence of the 
 court file's existence from the publicly accessible records; 

    (2) "eviction case" means an action brought under sections 
 504B.281 to 504B.371; and 

    (3) "court file" means the court file created when an 
 eviction case is filed with the court. 

    Subd. 2.    Discretionary expungement.  The court may 
 order expungement of an eviction case court file only upon 
 motion of a defendant and decision by the court, if the court 
 finds that the plaintiff's case is sufficiently without basis in 
 fact or law, which may include lack of jurisdiction over the 
 case, that expungement is clearly in the interests of justice 
 and those interests are not outweighed by the public's interest 
 in knowing about the record. 

    HIST: 1999 c 199 art 1 s 74; 1999 c 229 s 1 

  484.015 Repealed, 1998 c 254 art 2 s 56 

     484.02 Concurrent jurisdiction; boundary waters.  

    For the purposes of exercising the concurrent jurisdiction 
 of the courts of this state in civil and criminal cases arising 
 upon rivers or other waters which constitute a common boundary 
 to this and any adjoining state, the counties bordering upon 
 such waters shall be deemed to include so much of the area 
 thereof as would be included if the boundary lines of such 
 counties were produced in the direction of their approach and 
 extended to the opposite shore.  

    HIST: (155) RL s 91 

     484.03 Writs. 

    Such courts shall have power to issue writs of injunction, 
 ne exeat, certiorari, habeas corpus, mandamus, quo warranto, and 
 all other writs, processes, and orders necessary to the complete 
 exercise of the jurisdiction vested in them by law, including 
 writs for the abatement of a nuisance.  Any judge thereof may 
 order the issuance of such writs, and direct as to their service 
 and return. 

    HIST: (156) RL s 92 

     484.04 Testing writs.  

    Every writ or process issuing from a court of record shall 
 be tested in the name of the presiding judge, be signed by the 
 court administrator and sealed with the seal of the court, be 
 dated on the day of its issue, and before delivery to the 
 officer for service shall be endorsed by the court administrator 
 with the name of the attorney or other person procuring the 
 same; and, when no other time is fixed by law or authorized by 
 the rules of practice, it shall be made returnable on the first 
 day of the next succeeding term.  

    HIST: (157) RL s 93; 1Sp1986 c 3 art 1 s 82 

  484.05 Repealed, 1977 c 432 s 49 

     484.06 Judge not to practice law.  

    No judge of the district court shall practice as an 
 attorney or counselor at law except in cases in which the judge 
 is a party in interest, nor shall the judge receive any fees for 
 legal or judicial services other than as prescribed by law; nor 
 shall the judge be a partner of any practicing attorney in the 
 business of the practicing attorney's profession.  

    HIST: (159) RL s 95; 1986 c 444 

     484.065 Conflicts of interest; certificate of compliance.

    Subdivision 1.    Practice of law prohibited.  A judge 
 of the district court shall devote full time to the performance 
 of duties and shall not practice as an attorney or counselor at 
 law, nor be a partner of any practicing attorney in the business 
 of the practicing attorney's profession, and the judge shall not 
 engage in any business activities that will tend to interfere 
 with or appear to conflict with the judge's judicial duties.  

    Subd. 2.    Salary payment.  No part of the salary of a 
 judge of the district court shall be paid unless the voucher 
 therefor be accompanied by a certificate of the judge indicating 
 compliance with this section.  

    HIST: Ex1971 c 32 s 23; 1986 c 444 

     484.07 Court not open Sunday; exception.  

    No court shall be opened on Sunday for any purpose other 
 than to receive a verdict, give additional instructions to or 
 discharge a jury; but this provision shall not prevent a judge 
 of such court from exercising jurisdiction in any case where it 
 is necessary for the preservation of the peace, the sanctity of 
 the day, or the arrest and commitment of an offender.  

    HIST: (160) RL s 96; 1915 c 38 s 1 

     484.08 District courts to be open at all times; terms. 

    The district courts of the state shall be deemed open at 
 all times, except on legal holidays and Sundays.  The terms of 
 the district courts shall be continuous. 

    HIST: (161) 1923 c 412 s 1; 1977 c 432 s 10 

  484.09 Repealed, 1977 c 432 s 49 

  484.10 Repealed, 1977 c 432 s 49 

  484.11 Repealed, 1977 c 432 s 49 

  484.12 Repealed, 1977 c 432 s 49 

  484.13 MS 1957 Renumbered 484.11 

  484.13 MS 1976 Repealed, 1977 c 432 s 49 

  484.14 MS 1957 Renumbered 484.13 

  484.14 MS 1976 Repealed, 1977 c 432 s 49 

  484.15 Repealed, 1977 c 432 s 49 

  484.16 MS 1957 Renumbered 484.09 

  484.16 MS 1976 Repealed, 1977 c 432 s 49 

  484.17 MS 1957 Renumbered 484.13 

  484.17 MS 1976 Repealed, 1977 c 432 s 49 

  484.18 MS 1957 Renumbered 484.11 

  484.18 MS 1976 Repealed, 1977 c 432 s 49 

  484.19 Renumbered 484.14 

  484.20 Renumbered 484.16 subds 3,5,6,7,9,11,14 

  484.21 Renumbered 484.13 subds 4,10,12,13,15 

  484.22 Renumbered 484.17 subds 9,12,13,14,15,16,17,18 

  484.23 Renumbered 484.17 subds 2-8,10,11 

  484.24 Renumbered 484.16 subds 2,4,8,10,12,13 

  484.25 Renumbered 484.13 subds 5,6,9 

  484.26 Renumbered 484.18 subds 2,4,7,9 

  484.27 Renumbered 484.18 subds 3,5,6,8 

  484.28 Repealed, 1977 c 432 s 49 

  484.29 Repealed, 1977 c 432 s 49 

     484.30 Adjourned and special terms. 

    The judges of each district may adjourn court from time to 
 time during any term thereof, and may appoint special terms for 
 the trial of issues of law and fact, and, when necessary, direct 
 petit juries to be drawn therefor.  They may also appoint 
 special terms for the hearing of all matters except issues of 
 fact, the order for which shall be filed with the court 
 administrator, and a copy posted in the court administrator's 
 office for three weeks prior to the term. 

    HIST: (178) RL s 99; 1979 c 233 s 4; 1984 c 543 s 68; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82 

     484.31 Nonattendance of judge; adjournment.  

    If the judge fails to attend on the day appointed for 
 holding court, the sheriff or court administrator may open court 
 and adjourn the same from day to day; but, if the judge does not 
 appear by 4:00 p.m. of the third day, one of said officers shall 
 adjourn the term without day, and dismiss the jurors; provided, 
 that such court administrator or sheriff, upon the direction of 
 the judge, and without the judge's presence, may adjourn any 
 general or special term to a day certain, in which case the 
 jurors, if any, shall attend on such day without further notice. 

    HIST: (179) RL s 100; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     484.32 Failure to hold term not to affect writs.  

    When any term of court is not held, all persons bound by 
 recognizance or otherwise to appear thereat shall appear at the 
 next general term thereof held in the county, or, if a special 
 term be sooner held for the trial of civil and criminal causes, 
 then at such special term.  If the time for holding any such 
 term be changed by adjournment or otherwise, all persons so 
 bound shall appear at the term as changed.  No process, 
 proceeding, or writ shall abate or be discontinued by reason of 
 any alteration in the time or place of holding court, or of any 
 vacancy or change in the office of judge.  

    HIST: (180) RL s 101 

     484.33 Rules of practice.  

    The judges of the district court shall assemble annually, 
 at such time and place as may be designated in a call for such 
 meeting given by the district judge of the state longest in 
 continuous service, to revise the general rules of practice in 
 such courts, for which purpose any 18 of them shall constitute a 
 quorum.  When so assembled, such judges may revise and amend 
 such rules as they deem expedient, conformably to law, and the 
 same shall take effect from and after the publication thereof.  
 Such rules, as the same shall be so revised and amended from 
 time to time, shall govern all the district courts of the state; 
 but, in furtherance of justice, they may be relaxed or modified 
 in any case, or a party relieved from the effect thereof, on 
 such terms as may be just.  Any other proper business pertaining 
 to the judiciary may also be transacted.  

    HIST: (182) RL s 104; 1919 c 33 

  484.34 Repealed, 1977 c 432 s 49 

     484.35 Temporary courthouses. 

    When the courthouse or place provided for holding court in 
 any county is destroyed or becomes unsafe or unfit for the 
 purpose, or if no courthouse be provided, the judges may 
 designate a convenient place at the county seat for temporary 
 use as such. 

    HIST: (181) RL s 102 

     484.36 Terms for naturalization.  

    The judges may hold general or special terms of the court 
 for the purpose of hearing applications for naturalization, in 
 any place designated by them in the several counties of their 
 respective districts.  

    HIST: (181) RL s 102 

  484.37-484.43 Repealed, 1961 c 561 s 17 

     484.44 Deputy sheriff and court administrator; St. Louis 
  county. 

    There shall be at all times a chief deputy sheriff of St. 
 Louis county and a chief deputy court administrator of the 
 district court of St. Louis county and such other deputies as 
 may be necessary, resident at the city of Virginia, or the city 
 of Ely, or the city of Hibbing, and their appointment shall be 
 made in the same manner as other deputy sheriffs and deputy 
 clerks of the district court in said county.  The salaries of 
 such deputies shall be fixed and paid in the same manner as 
 other such deputies.  The office of said deputy sheriff at 
 Virginia, Hibbing, and Ely shall not in any sense be considered 
 or deemed the office of the sheriff for any purpose except the 
 performance of duties relating solely to proceedings tried or to 
 be tried at said places; but the office of the deputy court 
 administrator at said places shall be equally deemed the office 
 of the court administrator of court for all purposes except the 
 filing of papers in actions or proceedings to be tried at 
 Duluth.  Marriage licenses and naturalization papers may be 
 issued by said deputy court administrator.  

    HIST: (166) 1909 c 126; 1911 c 368 s 1; 1915 c 93; 1915 c 371; 
 1917 c 255 s 2; 1921 c 284 s 1; 1931 c 160 s 1; 1973 c 123 art 5 
 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     484.45 Courthouse; jail; expenses; St. Louis county. 

    It is hereby made the duty of the board of county 
 commissioners of the county of St. Louis to furnish and maintain 
 adequate accommodations for the holding of terms of the district 
 court at the city of Hibbing, and the city of Virginia, proper 
 offices for these deputies and a proper place for the 
 confinement and maintenance of the prisoners at the city of 
 Hibbing and the city of Virginia.  

    The county shall reimburse the court administrator and 
 deputies as herein provided for and the county attorney and 
 assistants and the district judges of the district and the 
 official court reporter for their traveling expenses actually 
 and necessarily incurred in the performance of their respective 
 official duties.  

    HIST: (167) 1909 c 126; 1911 c 368; 1915 c 371 s 1; 1917 c 255 
 s 1; 1973 c 123 art 5 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     484.46 Jurors; St. Louis county. 

    Grand and petit jurors for each of these general terms 
 shall be selected, drawn, and summoned in the same manner in all 
 respects as for the general terms of the court held at the 
 county seat of the county, except when in the discretion of the 
 court there will be no necessity of drawing a grand jury or a 
 petit jury, the court may enter its order directing that no 
 grand jury or petit jury be summoned for the particular term 
 therein mentioned.  

    HIST: (168) 1909 c 126; 1911 c 368; 1915 c 93 

  484.47 Repealed, 1977 c 432 s 49 

  484.471 Renumbered 484.63 

     484.48 Trial of criminal cases; St. Louis county. 

    A person bound over to the grand jury, charged with a 
 criminal offense, shall be tried at the place of holding regular 
 terms of the district court which is nearest to the court 
 binding the party over, except as otherwise provided in this 
 section; and a criminal offense committed in a city, town, or 
 unorganized territory shall be tried at the place of holding the 
 regular term of the district court which is nearest to the city, 
 town or place where the offense is committed. 

    When the offense is committed nearer to Virginia or Hibbing 
 than to the county seat, the party committing the offense shall 
 be tried at Virginia or Hibbing.  

    HIST: (170) 1909 c 126; 1911 c 368; 1915 c 93 s 5; 1973 c 123 
 art 5 s 7; 1979 c 39 s 1 

     484.49 Trial of actions; St. Louis county. 

    All civil actions brought in the district court of the 
 county against any person or persons, firm, or corporation 
 residing in the county, shall be tried, heard, and determined at 
 the place of holding regular or adjourned terms of the district 
 court which is nearest, by the usual route of travel, to the 
 residence of the defendant or defendants, or the majority 
 thereof, unless the place of trial shall be waived by the 
 defendant or defendants; and, for the purpose of determining the 
 place of residence of domestic corporations, such a corporation 
 shall be considered as residing at any place where it has an 
 office, resident agent, or business place; provided that if none 
 of the parties shall reside or be found in the state, or the 
 defendant be a foreign corporation, the action shall be begun 
 and tried in the place designated in the summons.  

    HIST: (171) 1909 c 126; 1911 c 368; 1921 c 302 s 2 

     484.50 Summons; place of trial; St. Louis county. 

    A party wishing to have an appeal from an order of the 
 public utilities commission, an election contest, a lien 
 foreclosure, or a civil cause or proceeding of a kind commenced 
 or appealed by a party in the court, tried in the city of 
 Virginia shall, in the summons, notice of appeal in a matter, or 
 other jurisdictional instrument issued, in addition to the usual 
 provisions, print, stamp, or write thereon the words, "to be 
 tried at the city of Virginia," and a party wishing a matter 
 commenced or appealed by a party in the court tried at the city 
 of Hibbing shall, in the summons, notice of appeal in a matter, 
 or other jurisdictional instrument issued, in addition to the 
 usual provisions, print, stamp, or write thereon the words, "to 
 be tried at the city of Hibbing," and in a case where a summons, 
 notice of appeal in a matter, or other jurisdictional instrument 
 contains a specification, the case shall be tried at the city of 
 Virginia, or the city of Hibbing, as the case may be, unless the 
 defendant shall have the place of trial fixed in the manner 
 specified in this section. 

    If the place of trial designated is not the proper place of 
 trial, as specified in sections 484.44 to 484.52, the cause 
 shall nevertheless be tried in a place, unless the defendant, in 
 an answer in addition to the other allegations of defense, shall 
 plead the location of the defendant's residence, and demand that 
 the action be tried at the place of holding the court nearest 
 the defendant's residence, as provided in this section; and in a 
 case where the answer of the defendant pleads the place of 
 residence and makes a demand of place of trial, the plaintiff, 
 in reply, may admit or deny the allegations of residence, and if 
 the allegations of residence are not expressly denied, the case 
 shall be tried at the place demanded by the defendant, and if 
 the allegations of residence are denied, the place of trial 
 shall be determined by the court on motion. 

    If there are several defendants, residing at different 
 places in a county, the trial shall be at the place in which the 
 majority of the defendants unite in demanding, or if the numbers 
 are equal, at the place nearest the residence of the majority of 
 the defendants. 

    The venue of an action may be changed from one of these 
 places to another, by order of the court, in the following cases:

    (1) Upon written consent of the parties; 

    (2) When it appears, on motion, that a party has been made 
 a defendant for the purpose of preventing a change of venue as 
 provided in this section; 

    (3) When an impartial trial cannot be held in the place 
 where the action is pending; or 

    (4) When the convenience of witnesses and the ends of 
 justice would be promoted by the change. 

    Application for a change under clause (2), (3), or (4), 
 shall be made by motion which shall be returnable and heard at 
 the place of commencement of the action. 

    HIST: (172) 1909 c 126; 1911 c 368; 1915 c 93; 1921 c 302 s 3; 
 1931 c 195 s 1; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1979 c 39 
 s 2; 1986 c 444; 1Sp2001 c 4 art 6 s 75 

     484.51 Papers where filed; St. Louis county. 

    After the place of trial of any cause is determined, as 
 provided in sections 484.44 to 484.52, all papers, orders and 
 documents pertaining to all causes to be tried at Virginia and 
 filed in court shall be filed and be kept on file at the court 
 administrator's office in the city of Virginia, and all causes 
 to be tried in Hibbing and all papers, orders and documents 
 pertaining thereto shall be filed and be kept on file at the 
 court administrator's office in the city of Hibbing.  

    In all actions tried at the city of Virginia or the city of 
 Hibbing, the court administrator, as soon as final judgment is 
 entered, shall forthwith cause such judgment to be docketed in 
 the court administrator's office at the county seat; and when so 
 docketed the same shall become a lien on real estate and have 
 the same effect as judgments entered in causes tried at the 
 county seat. 

    In all actions tried at the city of Virginia or the city of 
 Hibbing, involving the title of real estate, upon final judgment 
 being entered, all the papers in said cause shall be filed in 
 the court administrator's office at the county seat and the 
 final judgment or decree recorded therein, and a certified copy 
 of all papers in the case shall be made by the court 
 administrator and retained at the court administrator's office 
 in the city of Virginia or in the court administrator's office 
 in the city of Hibbing where the action was originally tried, 
 without additional charge to the parties to said action.  

    HIST: (173) 1909 c 126; 1911 c 368; 1915 c 93; 1917 c 255 s 3; 
 1973 c 123 art 5 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     484.52 Rules.  

    The judges of the district court shall have full power and 
 authority to make all such rules and orders as are necessary to 
 carry out the provisions of sections 484.44 to 484.52.  

    HIST: (174) 1909 c 126; 1911 c 368; 1985 c 248 s 70 

  484.53 Repealed, 1969 c 549 s 4 

     484.54 Expenses of judges. 

    Subdivision 1.    Travel and subsistence.  Except as 
 provided in subdivision 2, judges shall be compensated for 
 travel and subsistence expenses in the same manner and amount as 
 provided in the plan adopted by the commissioner of employee 
 relations pursuant to section 43A.18, subdivision 3.  
 Additionally, judges of the district court shall be reimbursed 
 for all sums, not reimbursed by counties, they shall necessarily 
 hereafter pay out for only the following purposes:  telephone 
 tolls, postage, expressage, stationery, including printed 
 letterheads and envelopes for official business; tuition, travel 
 and subsistence for attending educational programs except that 
 no expense shall be paid to satisfy continuing legal education 
 requirements, attendance at which is approved by the supreme 
 court. 

    Subd. 2.    Expense payments.  A judge shall be paid 
 travel and subsistence expenses for travel from the judge's 
 place of residence to and from the judge's permanent chambers 
 only for a period of two years after July 1, 1977, or the date 
 the judge initially assumes office, whichever is later. 

    Subd. 3.    Reimbursement filings.  Each judge claiming 
 reimbursement for allowable expenses may file with the supreme 
 court monthly and shall file not later than 90 days after the 
 expenses are incurred, an itemized statement, verified by the 
 judge, of all allowable expenses actually paid by the judge.  
 All statements shall be audited by the supreme court and, if 
 approved by the supreme court, shall be paid by the commissioner 
 of finance from appropriations for this purpose. 

    HIST: (209) 1913 c 466 s 1; 1921 c 249; 1959 c 158 s 31; 1971 
 c 5 s 1; Ex1971 c 32 s 20; 1973 c 492 s 14; 1975 c 204 s 85; 
 1976 c 231 s 33; 1977 c 432 s 11; 1979 c 333 s 104; 1981 c 210 s 
 52; 1986 c 444; 1989 c 335 art 1 s 257 

     484.545 Law clerks. 

    Subdivision 1.    Law clerk appointments.  The district 
 judges regularly assigned to hold court in each judicial 
 district except for the second, fourth, and tenth judicial 
 districts may by orders filed with the court administrator and 
 county auditor of each county in the district appoint a 
 competent law clerk for every two district court judges of the 
 judicial district.  The district judges regularly assigned to 
 hold court in the first and tenth judicial districts may by 
 orders filed with the court administrator and county auditor of 
 each county in the district appoint a competent law clerk for 
 each district court judge of the district.  

    Subd. 2.    Salaries set.  Notwithstanding any law to 
 the contrary, in all judicial districts the salary for each law 
 clerk shall be set annually by the district administrator within 
 the range established under, or referred to in, section 480.181, 
 as provided in the judicial branch personnel rules.  

    Subd. 3.    Law clerks payments.  The law clerks, in 
 addition to their salary, shall be paid necessary mileage, 
 traveling and hotel expenses accrued in their discharge of 
 official duties while absent from their permanent work 
 assignment location.  Upon presentation of a verified statement 
 approved by one of the judges, the state shall pay the expenses. 

    Subd. 4.    Law clerks; no tenure.  All law clerks in 
 every judicial district, shall serve without tenure at the 
 pleasure of the appointing judge or judges.  

    HIST: 1975 c 385 s 1; 1978 c 750 s 1; 1980 c 598 s 1; 1981 c 
 303 s 4,5; 1984 c 654 art 2 s 131; 1986 c 444; 1Sp1986 c 3 art 1 
 s 82; 1987 c 377 s 7; 1989 c 335 art 3 s 16,17 

     484.546 Superseded laws. 

    Any other law not repealed by Laws 1975, chapter 385, 
 section 3 that provides for the employment of law clerks by 
 district judges in judicial districts other than the second and 
 fourth is superseded only to the extent it provides fewer clerks 
 than provided by section 484.545. 

    HIST: 1975 c 385 s 2 

     484.55 Deputy court administrators, certain counties.  

    Before the commencement of any general term, the district 
 court in any county having not less than 50,000 nor more than 
 100,000 inhabitants according to the last federal census may by 
 order require the court administrator to furnish a deputy court 
 administrator during such term.  The order shall be filed with 
 the court administrator.  Such deputy court administrator shall 
 receive such compensation as the judge shall determine, while 
 attending such term of court.  

    HIST: 1953 c 214 s 1; 1971 c 18 s 1; 1Sp1986 c 3 art 1 s 82 

     484.61 Retired district court judges, assignments. 

    Upon the retirement of any judge of the district court 
 under the provisions of chapter 490, the retired judge may be 
 appointed and assigned to hear any cause properly assignable to 
 a judge of the district court and act thereon with full powers 
 of a judge of the district court pursuant to section 2.724 with 
 the retired judge's consent. 

    HIST: 1957 c 678 s 1; 1974 c 417 s 2; 1981 c 224 s 213; 1986 c 
 444 

     484.62 Compensation and reporter. 

    When a retired judge undertakes such service, the retired 
 judge shall be provided with a reporter, selected by the retired 
 judge, at the expense of the state, and with a deputy court 
 administrator, bailiff, if the judge deems a bailiff necessary, 
 and a courtroom or hearing room for the purpose of holding court 
 or hearings, to be paid for by the county in which the service 
 is rendered and shall receive pay and expenses in the amount and 
 manner provided by law for judges serving on the court to which 
 the retired judge is assigned, less the amount of retirement pay 
 which the judge is receiving, said payment to be made in the 
 same manner as the payment of salaries for judges of the 
 district court, on certification by the chief judge of the 
 judicial district or by the chief justice of the supreme court 
 of the state of Minnesota.  A deputy court administrator may act 
 as bailiff when called to do so for the purposes of this 
 section.  A retired judge who solemnizes a marriage while not 
 assigned under section 484.61 is not entitled to the 
 compensation provided by this section. 

    HIST: 1957 c 678 s 2; 1969 c 1139 s 86; 1971 c 948 s 1; 1977 c 
 432 s 12; 1978 c 793 s 77; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1987 c 377 s 8; 1989 c 335 art 3 s 18; 1992 c 464 art 1 s 56 

  484.63 Repealed, 1983 c 247 s 219 

     484.64 Family court division; second judicial district. 

    Subdivision 1.    Ramsey county family court division.  
 In the second judicial district a family court division of the 
 district court is hereby created to be presided over by a 
 district court judge to be appointed by the chief judge of the 
 district court to serve for a term of one year.  The judges 
 appointed to said office shall be designated as the judge of the 
 family court division. 

    Subd. 2.    Jurisdiction.  The district court judge, 
 family court division, shall hear and determine all matters 
 involving divorce, annulment or legal separation, including 
 proceedings for civil contempt for violations of orders issued 
 in such proceedings.  In addition, that judge shall hear and 
 determine paternity actions, reciprocal enforcement of support 
 actions and criminal nonsupport cases. 

    Subd. 3.    Chambers and supplies.  The board of county 
 commissioners of Ramsey county shall provide suitable chambers 
 and courtroom space, clerks, bailiffs, and other personnel to 
 assist said judge, together with necessary library, supplies, 
 stationery and other expenses necessary thereto.  The state 
 shall provide referees, court reporters, law clerks, and 
 guardian ad litem program coordinators and staff.  

    Subd. 4.    Disability; assignment of another judge.  In 
 cases of absence, sickness or other disability which prevents 
 said judge from performing duties, the chief judge of the 
 district court of the second judicial district may designate or 
 assign one or more of the other judges of the district court to 
 perform the duties of the district court judge, family court 
 division.  The chief judge of the district court may assign one 
 or more family court matters to another judge of said judicial 
 district for hearing and determination. 

    Subd. 5.    Judge designated.  The judge of the family 
 court division may be designated in writing by the chief judge 
 of the district court of the second judicial district to the 
 regular or ordinary duties of a judge of the district court 
 without thereby affecting the term of office to which such judge 
 was appointed. 

    HIST: Ex1967 c 22 s 2-6; 1969 c 9 s 88; Ex1971 c 7 s 1; 1978 c 
 772 s 62; 1986 c 444; 1989 c 335 art 3 s 19; 1999 c 216 art 7 s 
 28 

*   NOTE:  Laws 1999, chapter 216, article 7, section 46, 
*subdivision 3, provides specific effective dates for the state 
*takeover of miscellaneous court costs under subdivision 3, as 
*amended by Laws 1999, chapter 216, article 7, section 28.

     484.65 Family court division; fourth judicial district. 

    Subdivision 1.    Presiding judge.  In the fourth 
 judicial district, a family court division of the district court 
 is hereby created to be presided over by a district court judge 
 appointed by the chief judge of the judicial district to serve 
 for a term not exceeding six years.  The judge appointed to this 
 office shall be designated as the district court judge, family 
 court division.  No judge may be appointed to serve consecutive 
 terms as the district court judge, family court division. 

    Subd. 2.    Assignment of matters.  Said district court 
 judge shall hear and determine all family matters assigned by 
 the chief judge of the fourth judicial district with the 
 approval of the majority of the judges of said district. 

    Subd. 3.    Space; personnel; supplies.  The board of 
 county commissioners of Hennepin county shall provide suitable 
 chambers and courtroom space, clerks, bailiffs, and other 
 personnel to assist said judge, together with necessary library, 
 supplies, stationery and other expenses necessary thereto.  The 
 state shall provide referees, court reporters, law clerks, and 
 guardian ad litem program coordinators and staff. 

    Subd. 4.    Vacancy.  In cases of vacancy in the office, 
 or if work load, absence, sickness or other disability prevents 
 a judge from fully performing duties, the chief judge of the 
 district court of the fourth judicial district may orally or in 
 writing designate or assign one or more of the other judges of 
 the district court to perform or assist in the performance of 
 the duties of the district court judge, family court division. 

    Subd. 5.    Ordinary duties.  The district court judge, 
 family court division, may be designated in writing by the chief 
 judge of the district court of the fourth judicial district to 
 the regular or ordinary duties of a judge of the district court. 

    Subd. 6.    Filling vacancies.  Vacancies in the office 
 of district court judge, family court division, shall be filled 
 in the manner prescribed by law for the filling of vacancies in 
 the office of other judges of the district court.  

    Subd. 7.    Referees; appointment.  The district court 
 judge, family court division, may, with the consent and approval 
 of the judges of the district court of the fourth judicial 
 district, appoint one or more suitable persons to act as 
 referees.  Such referees shall be learned in the law and shall 
 hold office at the pleasure of the judges of the district court. 

    Subd. 8.    Referees; duties.  The duties and powers of 
 referees in the family court division shall be as follows: 

    (a) Hear and report all matters within the jurisdiction of 
 the district court judge, family court division, as may be 
 directed to the referee by said judge. 

    (b) Recommend findings of fact, conclusions of law, 
 temporary and interim orders, and final orders for judgment. 

    Subd. 9.    Referees; review.  All recommended orders 
 and findings of a referee shall be subject to confirmation by 
 said district court judge.  Review of any recommended order or 
 finding of a referee by the district court judge may be had by 
 notice served and filed within ten days of effective notice of 
 such recommended order or finding.  The notice of review shall 
 specify the grounds for such review and the specific provisions 
 of the recommended findings or orders disputed, and said 
 district court judge, upon receipt of such notice of review, 
 shall set a time and place for such review hearing. 

    Subd. 10.    Referees; findings and orders.  Upon the 
 conclusion of the hearing in each case, the referee shall 
 transmit to said district court judge the court file together 
 with the referee's recommended findings and orders in writing.  
 The recommended findings and orders of a referee become the 
 findings and orders of the court when confirmed by said judge.  
 The order of the court shall be proof of such confirmation. 

    HIST: Ex1971 c 7 s 2; 1977 c 432 s 14,15; 1981 c 292 s 3; 1983 
 c 370 s 2-4; 1986 c 444; 1989 c 335 art 3 s 20,21; 1999 c 216 
 art 7 s 29 

*   NOTE:  Laws 1999, chapter 216, article 7, section 46, 
*subdivision 3, provides specific effective dates for the state 
*takeover of miscellaneous court costs under subdivision 3, as 
*amended by Laws 1999, chapter 216, article 7, section 29.

     484.66 District administrator; fourth judicial district. 

    Subdivision 1.    District administrator; court 
 administrator duties.  In the county of Hennepin, the district 
 administrator shall assume the statutory duties of the court 
 administrator of district court. 

    Subd. 2.    Transfer of duties.  The duties, functions 
 and responsibilities which have been heretofore and which may be 
 hereafter required by statute or law to be performed by the 
 court administrator of district court shall be performed by the 
 district administrator, who shall be appointed pursuant to 
 section 484.68. 

    The district administrator, subject to the approval of a 
 majority of the judges of the district court in the fourth 
 judicial district, shall have the authority to initiate and 
 direct any reorganization, consolidation, reallocation or 
 delegation of such duties, functions or responsibilities for the 
 purpose of promoting efficiency in county government, and may 
 make such other administrative changes as are deemed necessary 
 for this purpose.  Such reorganization, reallocation or 
 delegation, or other administrative change or transfer shall not 
 diminish, prohibit or avoid those specific duties required by 
 statute or law to be performed by the court administrator of 
 district court. 

    HIST: 1974 c 212 s 1,2; 1977 c 432 s 16; 1Sp1986 c 3 art 1 s 
 82; 1998 c 254 art 2 s 57 

  484.67 Repealed, 1981 c 272 s 7 

     484.68 District administrator. 

    Subdivision 1.    Appointment.  By November 1, 1977, 
 the chief judge of the judicial district in each judicial 
 district shall appoint a single district administrator, subject 
 to the approval of the supreme court, with the advice of the 
 judges of the judicial district. 

    The district administrator shall serve at the pleasure of a 
 majority of the judges of the judicial district. 

    Subd. 2.    Staff.  The district administrator shall 
 have such deputies, assistants and staff as the judges of the 
 judicial district deem necessary to perform the duties of the 
 office. 

    Subd. 3.    Duties.  The district administrator shall: 

    (a) Assist the chief judge in the performance of 
 administrative duties; 

    (b) Manage the administrative affairs of the courts of the 
 judicial district; 

    (c) Supervise the court administrators and other support 
 personnel, except court reporters, who serve in the courts of 
 the judicial district; 

    (d) Comply with the requests of the state court 
 administrator for statistical or other information relating to 
 the courts of the judicial district; 

    (e) With the approval of the chief judge, determine the 
 needs of the judges of the district for office equipment 
 necessary for the effective administration of justice and 
 develop a plan to make the equipment available to the judges of 
 the district; the plan must be submitted to the state court 
 administrator for approval and determination of eligibility for 
 state funding under section 480.15, subdivision 12; and 

    (f) Perform any additional duties that are assigned by law 
 or by the rules of court. 

    Subd. 4.    Secretary.  The district administrator 
 shall serve as secretary for meetings of the judges of the 
 judicial district. 

    Subd. 5.    Budget for office.  The office budget of the 
 district administrator shall be paid by the state.  The budget 
 must include sufficient money for the staff authorized by this 
 section and other staff and expenses authorized under law.  A 
 county shall provide office facilities for the district 
 administrator.  

    Subd. 6. Repealed, 1986 c 464 s 3 

    Subd. 7.    Accumulated benefits.  A court 
 administrator of district court who, without interruption of 
 public service, is appointed a district administrator shall be 
 given credit by the state of Minnesota for vacation time and 
 sick leave accumulated while serving as a court administrator of 
 district court but for which no compensation has been received, 
 except that credit shall be restricted in the same manner and 
 amount as state employees. 

    Credit for accumulated vacation time and sick leave for 
 which no compensation has been received shall be extended to the 
 district administrators of the fifth judicial district and the 
 eighth judicial district holding such office on April 6, 1978.  
 These two administrators may elect to retain their membership in 
 the public employees retirement association. 

    Subd. 8.    Retirement.  A member of the public 
 employees retirement association appointed as district 
 administrator pursuant to this chapter, shall remain a member of 
 the fund unless the member elects, within 12 months of the 
 appointment, to be covered by the Minnesota state retirement 
 system.  If a district court administrator elects retirement 
 coverage by the Minnesota state retirement system pursuant to 
 this subdivision, that coverage shall commence with first day of 
 the first payroll period occurring after the election.  No 
 person shall receive credit for more than one month of service 
 from the affected retirement funds for the month in which the 
 change in retirement coverage is elected.  

    HIST: 1977 c 432 s 17; 1978 c 793 s 78-80; 1981 c 224 s 214; 
 1983 c 299 s 30; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 404 
 s 184,185; 1989 c 335 art 3 s 22 

     484.69 Chief judge. 

    Subdivision 1.    Election; term; removal.  The judges 
 of the district court resident in each of the judicial districts 
 shall meet and elect from among their number a single chief 
 judge and an assistant chief judge.  The chief judge and the 
 assistant chief judge shall serve a term of two years beginning 
 July 1 of the year in which they are elected.  No judge may 
 serve as chief judge or assistant chief judge for more than two 
 consecutive two year terms, except as provided in subdivision 
 1a.  For the term beginning July 1, 1991, and after that, the 
 chief judge and assistant chief judge in the odd-numbered 
 judicial district shall be elected to a term of two years.  For 
 the term beginning July 1, 1991, the chief judge and assistant 
 chief judge in the even-numbered judicial districts shall be 
 elected to a term of one year.  For the term beginning July 1, 
 1992, and after that, the chief judge and assistant chief judge 
 in the even-numbered judicial districts shall be elected to a 
 term of two years. 

    The seniority of judges and rotation of the position of 
 chief judge or assistant chief judge shall not be criteria for 
 the election of the chief judge or the assistant chief judge. 

    A chief judge or assistant chief judge may be removed for 
 cause as chief judge or assistant chief judge by the chief 
 justice of the supreme court, or by a majority of the judges of 
 the judicial district. 

    Subd. 1a.    Chief judge and assistant chief judge.  The 
 individuals who serve as chief judge and assistant chief judge 
 in the even-numbered judicial districts during the 1991 term may 
 serve as chief judge or assistant chief judge for a total of 
 five consecutive years.  Any provision of a reorganization plan 
 filed pursuant to section 487.191 which allows any judges to 
 decline assignment to particular cases because of their subject 
 matter is void and of no effect, and shall be given no 
 consideration in making judicial assignments.  

    Subd. 2. Repealed, 1990 c 553 s 15 

    Subd. 3.    Administrative authority.  In each judicial 
 district, the chief judge, subject to the authority of the chief 
 justice, shall exercise general administrative authority over 
 the courts within the judicial district.  The chief judge shall 
 make assignments of judges to serve on the courts within the 
 judicial district, and assignments may be made without the 
 consent of the judges affected.  The chief judge may assign any 
 judge of any court within the judicial district to hear any 
 matter in any court of the judicial district.  When a judge of a 
 court is assigned to another court the judge is vested with the 
 powers of a judge of the court of assignment.  A judge may not 
 be assigned to hear matters outside the judge's judicial 
 district pursuant to this subdivision. 

    Subd. 4.    Semiannual meetings; judicial conference.  
 The chief judges shall meet at least semiannually to consider 
 problems relating to judicial business and administration.  
 After consultation with the judges of their respective districts 
 the chief judges shall prepare in conference and submit to the 
 chief justice of the supreme court a suggested agenda for the 
 judicial conference held pursuant to section 480.18. 

    Subd. 5.    Judges' meetings.  The chief judge shall 
 convene a conference at least semiannually of all judges of the 
 judicial district to consider administrative matters and rules 
 of court and to provide advice and counsel to the chief judge. 

    HIST: 1977 c 432 s 45; 1986 c 444; 1990 c 553 s 1,2 

     484.70 Referee positions, rules. 

    Subdivision 1.    Appointment.  The chief judge of the 
 judicial district may appoint one or more suitable persons to 
 act as referees.  Referees shall hold office at the pleasure of 
 the judges of the district court and shall be learned in the 
 law, except that persons holding the office of referee on 
 January 1, 1983, may continue to serve under the terms and 
 conditions of their appointment.  All referees are subject to 
 the administrative authority and assignment power of the chief 
 judge of the district as provided in section 484.69, subdivision 
 3, and are not limited to assignment to family, probate, 
 juvenile or special term court.  

    Subd. 2. Repealed, 1981 c 272 s 7 

    Subd. 3. Repealed, 1981 c 272 s 7 

    Subd. 4. Repealed, 1981 c 272 s 7 

    Subd. 5. Repealed, 1981 c 272 s 7 

    Subd. 6.    Objection to referee.  No referee may hear a 
 contested trial, hearing, motion or petition if a party or 
 attorney for a party objects in writing to the assignment of a 
 referee to hear the matter.  The court shall by rule, specify 
 the time within which an objection must be filed.  

    Subd. 7.    Referee duties.  The duties and powers of 
 referees shall be as follows:  

    (a) Hear and report all matters assigned by the chief judge.

    (b) Recommend findings of fact, conclusions of law, 
 temporary and interim orders, and final orders for judgment.  

    All recommended orders and findings of a referee shall be 
 subject to confirmation by a judge.  

    (c) Upon the conclusion of the hearing in each case, the 
 referee shall transmit to a judge the court file together with 
 recommended findings and orders in writing.  The recommended 
 findings and orders of a referee become the findings and orders 
 of the court when confirmed by a judge.  The order of the court 
 shall be proof of such confirmation, and also of the fact that 
 the matter was duly referred to the referees. 

    (d) Review of any recommended order or finding of a referee 
 by a judge may be by notice served and filed within ten days of 
 effective notice of the recommended order or finding.  The 
 notice of review shall specify the grounds for review and the 
 specific provisions of the recommended findings or orders 
 disputed, and the court, upon receipt of a notice of review, 
 shall set a time and place for a review hearing.  

    (e) All orders and findings recommended by a referee become 
 an effective order when countersigned by a judge and remain 
 effective during the pendency of a review, including a remand to 
 the referee, unless a judge:  

    (1) expressly stays the effect of the order; 

    (2) changes the order during the pendency of the review; or 

    (3) changes or vacates the order upon completion of the 
 review. 

    HIST: 1977 c 432 s 48; 1978 c 750 s 2; 1979 c 318 s 1; 1980 c 
 580 s 21; 1981 c 272 s 3-5; 1Sp1981 c 4 art 3 s 3,4; art 4 s 26; 
 1982 c 609 s 1; 1983 c 370 s 5; 1988 c 582 s 1; 1999 c 196 art 1 
 s 1 

  484.701 Repealed, 1983 c 370 s 6 

     484.702 Expedited child support hearing process. 

    Subdivision 1.    Creation; scope.  (a) The supreme 
 court shall create an expedited child support hearing process to 
 establish, modify, and enforce child support; and enforce 
 maintenance, if combined with child support.  The process must 
 be designed to handle child support and paternity matters in 
 compliance with federal law. 

    (b) All proceedings establishing, modifying, or enforcing 
 support orders; and enforcing maintenance orders, if combined 
 with a support proceeding, must be conducted in the expedited 
 process if the case is a IV-D case.  Cases that are not IV-D 
 cases may not be conducted in the expedited process. 

    (c) This section does not prevent a party, upon timely 
 notice to the public authority, from commencing an action or 
 bringing a motion in district court for the establishment, 
 modification, or enforcement of support, or enforcement of 
 maintenance orders if combined with a support proceeding, where 
 additional issues involving domestic abuse, establishment or 
 modification of custody or visitation, or property issues exist 
 as noticed by the complaint, motion, counter motion, or counter 
 action. 

    (d) At the option of the county, the expedited process may 
 include contempt actions or actions to establish parentage. 

    (e) The expedited process should meet the following goals: 

    (1) be streamlined and uniform statewide and result in 
 timely and consistent issuance of orders; 

    (2) be accessible to the parties without the need for an 
 attorney and minimize litigation; 

    (3) be a cost-effective use of limited financial resources; 
 and 

    (4) comply with applicable federal law. 

    (f) For purposes of this section, "IV-D case" has the 
 meaning given in section 518.54. 

    Subd. 2.    Administration.  (a) The state court 
 administrator shall provide for the administration of the 
 expedited child support hearing process in each judicial 
 district. 

    (b) Until June 30, 2000, the office of administrative 
 hearings and the state court administrator may enter into 
 contracts to provide one or more administrative law judges to 
 serve as child support magistrates and for administrative and 
 case management support.  The title to all personal property 
 used in the administrative child support process mutually agreed 
 upon by the office of administrative hearings and the office of 
 the state court administrator must be transferred to the state 
 court administrator for use in the expedited child support 
 process. 

    Subd. 3.    Appointment of child support magistrates.  
 The chief judge of each judicial district may appoint one or 
 more suitable persons to act as child support magistrates for 
 the expedited child support hearing process, with the 
 confirmation of the supreme court.  A child support magistrate 
 appointed to serve in the expedited child support process, 
 whether hired on a full-time, part-time, or contract basis, is a 
 judicial officer under section 43A.02, subdivision 25, and is an 
 employee of the state under section 3.732 for purposes of 
 section 3.736 only. 

    Subd. 4.    Training and qualifications of child support 
 magistrates.  The supreme court may: 

    (1) provide training for individuals who serve as child 
 support magistrates for the expedited child support hearing 
 process; 

    (2) establish minimum qualifications for child support 
 magistrates; and 

    (3) establish a policy for evaluating and removing child 
 support magistrates. 

    Subd. 5.    Rules.  The supreme court, in consultation 
 with the conference of chief judges, shall adopt rules to 
 implement the expedited child support hearing process under this 
 section. 

    HIST: 1999 c 196 art 1 s 2 

     484.71 Trial of civil and criminal actions; St. Louis 
  county. 

    The district court may, if it deems it necessary, designate 
 some place other than Duluth, Hibbing or Virginia to conduct 
 terms of court.  

    There may be maintained in the city of Ely suitable 
 facilities for the conduct of terms of court.  

    The expenses of holding terms of court in places other 
 than Duluth, Hibbing or Virginia shall be paid by the county 
 board.  The district court shall not designate any place other 
 than Duluth, Hibbing or Virginia to hold terms of court unless 
 suitable facilities are available. 

    HIST: 1979 c 39 s 3 

     484.72 Electronic recording of court proceedings. 

    Subdivision 1.    Authorization.  Except as provided in 
 subdivision 4, electronic recording equipment may be used 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 a competent stenographer who meets 
 minimum qualifications promulgated by the supreme court, to make 
 a complete stenographic record of the proceedings.  

    Subd. 2.    Appointment of operator, costs and payment.  
 The court shall have the authority to appoint a person or 
 persons to operate and monitor electronic recording equipment.  
 The person or persons may be paid on a salary basis, on a 
 contract basis, or such other basis as the court deems 
 appropriate.  

    Subd. 3.    Specification for electronic recording 
 equipment; qualifications for operator.  For the purpose of 
 this section the state court administrator shall promulgate 
 specifications for acceptable electronic recording equipment 
 used to record court proceedings and minimum qualifications for 
 the persons who operate and monitor the equipment.  

    Subd. 4.    Limitations on use of electronic recording 
 equipment.  A competent stenographer who meets minimum 
 qualifications promulgated by the supreme court, shall make a 
 complete stenographic record of the following court proceedings: 

    (1) Felony and gross misdemeanor offenses, except 
 arraignments and first appearance in district court as specified 
 in rule 8 of the rules of criminal procedure.  

    (2) District court jury trials.  

    (3) Contested district court trials and fact-finding 
 hearings.  Where required by statute or court rule, electronic 
 recording equipment may be used in addition to the services of a 
 competent stenographer.  

    Subd. 5.    Malfunction of electronic recording.  If, 
 when electronic recording equipment is used, a malfunction 
 occurs in the recording process so that the recording is 
 incomplete, the court may declare a mistrial if the malfunction 
 is discovered during the trial.  If the malfunction is 
 discovered in the course of preparing a transcript after a 
 verdict has been entered, the court may grant a new trial upon 
 motion of any party.  

    Subd. 6.    Expedited child support process.  
 Notwithstanding subdivisions 1 and 4, hearings and proceedings 
 conducted in the expedited child support process under section 
 484.702 may be reported by use of electronic recording equipment 
 provided that the equipment meets the minimum standards 
 promulgated by the state court administrator.  Electronic 
 recording equipment must be operated and monitored by a person 
 who meets the minimum qualifications promulgated by the state 
 court administrator. 

    HIST: 1981 c 303 s 1; 1999 c 196 art 1 s 3 

     484.73 Judicial arbitration. 

    Subdivision 1.    Authorization.  A majority of the 
 judges of a judicial district may authorize the establishment of 
 a system of mandatory, nonbinding arbitration within the 
 district to assist the court in disposing of any controversy 
 existing between two parties which is the subject of a civil 
 action.  

    Subd. 2.    Exclusions.  Judicial arbitration may not be 
 used to dispose of matters relating to guardianship, 
 conservatorship, or civil commitment, matters within the 
 juvenile court jurisdiction involving children in need of 
 protection or services or delinquency, matters involving 
 termination of parental rights under sections 260C.301 to 
 260C.328, or matters arising under sections 518B.01, 626.557, or 
 144.651 to 144.652.  

    Subd. 3.    Rules.  Rules governing pleadings, practice, 
 procedure, jurisdiction, and forms for judicial arbitration 
 shall be promulgated by a majority of the judges in the 
 district, subject to the approval of the supreme court.  The 
 Uniform Arbitration Act shall not be construed to apply to 
 arbitration under this section except as otherwise provided in 
 the rules of the judicial district. 

    Subd. 4.    Fee on request for trial after arbitration.  
 Upon making a request for trial, the moving party shall, unless 
 permitted to proceed in forma pauperis, pay to the court 
 administrator a fee of $100.  

    HIST: 1984 c 634 s 1; 1988 c 673 s 39; 1991 c 345 art 1 s 102; 
 1999 c 139 art 4 s 2 

     484.74 Alternative dispute resolution. 

    Subdivision 1.    Authorization.  In litigation 
 involving an amount in excess of $7,500 in controversy, the 
 presiding judge may, by order, direct the parties to enter 
 nonbinding alternative dispute resolution.  Alternatives may 
 include private trials, neutral expert fact-finding, mediation, 
 minitrials, and other forms of alternative dispute resolution.  
 The guidelines for the various alternatives must be established 
 by the presiding judge and must emphasize early and inexpensive 
 exchange of information and case evaluation in order to 
 facilitate settlement. 

    Subd. 2.    Neutral; appointment; removal.  The judge 
 shall appoint an impartial third-party neutral to conduct all 
 proceedings held under subdivision 1.  A party may file with the 
 judge within five days of the notice of appointment of a neutral 
 and serve on all other parties to the action a notice to remove 
 the neutral.  Upon receipt of the notice to remove, the judge 
 shall assign another neutral.  After a party has once 
 disqualified a neutral as a matter of right, a substitute 
 neutral may be disqualified by the party only by making an 
 affirmative showing of prejudice to the judge. 

    Subd. 2a.    Consensual special magistrates.  In 
 addition to the alternatives under subdivision 1, in cases where 
 the amount in controversy exceeds $50,000, and with the consent 
 of all of the parties, the presiding judge may submit to the 
 parties a list of retired judges or qualified attorneys who are 
 available to serve as special magistrates for binding 
 proceedings under this subdivision.  If the parties agree on 
 selection of a person from the list, the presiding judge may 
 appoint, by order, the person as a special magistrate.  The 
 special magistrate may preside over any pretrial and trial 
 matters as determined by the presiding judge.  If there is a 
 right to a jury trial, the special magistrate shall conduct the 
 jury trial pursuant to the rules of court and shall use the jury 
 pool of the county in which the action is venued.  The presiding 
 judge may adopt the rulings and findings of the special 
 magistrate and the results of any jury trial without 
 modification.  The parties have a right to appeal from the 
 presiding judge's rulings and findings and from the jury verdict 
 as in other civil matters. 

    Subject to chapter 563, the special magistrate's fees and 
 expenses must be borne by the parties on a basis determined to 
 be fair and equitable by the presiding judge, upon 
 recommendation by the special magistrate.  The special 
 magistrate may assess costs against a party for failure to 
 comply with rules or orders, or for litigation that is frivolous 
 or brought in bad faith. 

    Subd. 3.    Fees.  Subject to chapter 563, the neutral's 
 fees and expenses must be borne by the parties on a basis 
 determined to be fair and equitable by the presiding judge. 

    Subd. 4.    Application.  This section applies only to 
 the second and fourth judicial districts, which will serve as 
 pilot projects to evaluate the effectiveness of alternative 
 forms of resolving commercial and personal injury disputes.  

    HIST: 1987 c 404 s 186; 1989 c 229 s 1,2; 1990 c 360 s 1; 1993 
 c 192 s 96; 1993 c 340 s 18; 1994 c 636 art 6 s 24 

     484.75 Hiring and salary moratorium. 

    A county or a court must not increase the number of 
 referees, judicial officers, court reporters, law clerks, or 
 district administration employees, other than district 
 administration employees in the second or fourth judicial 
 district, unless the increase is approved by the supreme court.  
 A county or a court must not increase the salaries of these 
 employees without the approval of the supreme court, unless the 
 increase is made under a plan adopted before January 30, 1989.  
 The supreme court must not approve aggregate performance 
 increases for these employees that exceed an average of five 
 percent.  New positions created after January 30, 1989, must be 
 reflected as change requests in the biennial budget process when 
 these functions are taken over by the state.  Salary limits do 
 not apply to employees covered by chapter 179A. 

    HIST: 1990 c 594 art 2 s 3 

     484.76 Alternative dispute resolution program. 

    Subdivision 1.    General.  The supreme court shall 
 establish a statewide alternative dispute resolution program for 
 the resolution of civil cases filed with the courts.  The 
 supreme court shall adopt rules governing practice, procedure, 
 and jurisdiction for alternative dispute resolution programs 
 established under this section.  Except for matters involving 
 family law the rules shall require the use of nonbinding 
 alternative dispute resolution processes in all civil cases, 
 except for good cause shown by the presiding judge, and must 
 provide an equitable means for the payment of fees and expenses 
 for the use of alternative dispute resolution processes. 

    Subd. 2.    Scope.  Alternative dispute resolution 
 methods provided for under the rules must include arbitration, 
 private trials, neutral expert fact-finding, mediation, 
 minitrials, consensual special magistrates including retired 
 judges and qualified attorneys to serve as special magistrates 
 for binding proceedings with a right of appeal, and any other 
 methods developed by the supreme court.  The methods provided 
 must be nonbinding unless otherwise agreed to in a valid 
 agreement between the parties.  Alternative dispute resolution 
 may not be required in guardianship, conservatorship, or civil 
 commitment matters; proceedings in the juvenile court under 
 chapter 260; or in matters arising under section 144.651, 
 144.652, 518B.01, or 626.557. 

    HIST: 1991 c 321 s 4; 1993 c 192 s 97; 1993 c 340 s 19 

     484.77 Facilities. 

    The county board in each county shall provide suitable 
 facilities for court purposes at the county seat, or at other 
 locations agreed upon by the district court and the county.  The 
 county shall also be responsible for the costs of renting, 
 maintaining, operating, remodeling, insuring, and renovating 
 those facilities occupied by the court.  The county board and 
 the district court must mutually agree upon relocation, 
 renovation, new construction, and remodeling decisions related 
 to court facility needs.  The state court administrator shall 
 convene court and county representatives who shall develop 
 written model guidelines for facilities that may be adopted in 
 each county. 

    HIST: 1Sp2001 c 5 art 5 s 16