488A.01 Establishment; jurisdiction; powers; appeals.
Subdivision 1. Establishment. There is hereby created a municipal court of Hennepin County with the jurisdiction and powers hereinafter stated.
Subd. 2. Court of record. The court is a court of record with a court administrator and a seal.
Subd. 3. Powers of court. Except as otherwise provided in this act, the court has all the powers of the district courts of this state. It may issue all civil and criminal process necessary or proper to enforce and effectuate its jurisdiction and determinations.
Subd. 4. Civil jurisdiction. Excepting causes involving title to real estate, the court has jurisdiction to hear, try and determine civil actions at law in which the amount in controversy does not exceed $15,000, exclusive of interest and costs.
Subd. 4a. Jurisdiction. Notwithstanding the provisions of subdivision 2 or 8 or any court rule to the contrary, the municipal court of Hennepin County has jurisdiction to determine an action brought pursuant to section 504B.178 for the recovery of a deposit on rental property located in Hennepin county, and the summons in the action may be served anywhere in the state of Minnesota.
Subd. 5. Eviction or unlawful removal or exclusion. Whether or not the title to real estate is involved, the court has jurisdiction of actions of eviction or actions for unlawful removal or exclusion pursuant to section 504B.375, involving land located wholly or in part within Hennepin County and, notwithstanding any provision of subdivision 7 to the contrary, of actions seeking relief for code violations pursuant to sections 504B.185 and 504B.381 to 504B.471 involving premises located wholly or partly within Hennepin County.
Subd. 6. Criminal jurisdiction. The court has jurisdiction to hear, try and determine any charge of violation of:
(1) a criminal law of this state constituting a misdemeanor or gross misdemeanor committed within the county of Hennepin including all of the city of St. Anthony;
(2) any ordinance, charter provision, rule or regulation of any subdivision of government in the county of Hennepin, including all of the city of St. Anthony; or
(3) any ordinance, charter provision, rule or regulation of the Minneapolis-St. Paul metropolitan airports commission.
Subd. 7. Exceptions to jurisdiction. The court does not have jurisdiction:
(a) of any action where the relief asked for in the complaint is purely equitable in its nature;
(b) of an action for divorce;
(c) to issue a writ of habeas corpus, quo warranto, ne exeat, mandamus, prohibition or injunction; nor
(d) to issue any order in proceedings supplementary to execution.
Subd. 8. Service. All civil and criminal process and orders may be served and enforced anywhere within the state of Minnesota.
Subd. 9. Place of holding court. (a) The municipal building commission, or the county of Hennepin, or both, shall provide suitable quarters for the holding of regular terms of court in Minneapolis, Bloomington, and at such other northern and western suburban locations dispersed throughout the county as may be designated by a majority of the judges of the court. At the locations of holding regular terms of court established pursuant to this clause, all functions of the court may be discharged, including both court and jury trials of civil and criminal matters. Nothing in this subdivision shall be construed in such a way as to reduce the level of services to the suburban and rural citizens of Hennepin county.
(b) In addition to the regular locations of holding court set forth in clause (a), trials of traffic and criminal violations before the court without jury shall be held in such locations as may be designated by a majority of the judges of the court. Provided, however, that those municipalities which are holding court without jury but which are not holding regular terms of court upon August 1, 1978 may require the continuance of such services by resolution to the county board within 30 days following August 1, 1978. The county of Hennepin shall provide suitable quarters for the holding of court in such locations as may be designated under this clause.
Subd. 10. Continuous terms. The court shall be open every day, except Sundays and legal holidays. The term of the court shall be continuous.
Subd. 11. Repealed, 1977 c 432 s 49
Subd. 12. Trial of civil actions. (a) All civil actions brought in the municipal court of Hennepin county shall be tried at the place of holding court specified in writing on the summons issued therein. If no place of trial is specified on the summons by the plaintiff or plaintiffs, the action shall be tried at the Hennepin county courthouse.
(b) A defendant residing in Hennepin county outside of the city of Minneapolis and the city of St. Anthony may change the place of trial of a civil action to the place of holding court set forth in subdivision 9, which is nearest the municipality of the defendant's residence in the manner provided herein. A defendant residing in Hennepin county within the city of Minneapolis or the city of St. Anthony may change the place of trial of a civil action to the city of Minneapolis in the same manner. If there are several defendants residing in different municipalities or in the city of Minneapolis or the city of St. Anthony, the trial shall be held in the city of Minneapolis or in the place of holding court set forth in subdivision 9, upon which a majority of them shall unite in demanding or, if the number be equal, at the city of Minneapolis or in the place of holding court set forth in subdivision 9, which place of holding court is nearest to the place where such action would have been tried in the absence of such demand.
(c) If the place of court determined by the summons is not the place of residence of the defendant or defendants, the action may notwithstanding be tried therein unless, within 20 days after the summons is served, the defendant demands in writing that it be tried in the proper place of holding court. This demand shall be accompanied by the affidavit of the defendant, or the defendant's agent or attorney, setting forth the municipality of defendant's residence at the time of the commencement of the action. This demand and affidavit, with proof of service thereof upon the plaintiff's attorney, shall be filed with the court administrator within 30 days from the date of its service and thereupon the place of trial shall be changed to the proper place of holding court without any other proceedings.
When the place of trial is changed all other proceedings shall be had in the place to which the change is made, unless otherwise provided by consent of the parties filed with the court administrator or by order of the court.
(d) For the purpose of determining the place of residence of a domestic corporation, such corporation shall be considered as residing at any place where it has an office, resident agent or business place.
(e) If none of the parties shall reside or be found in the county of Hennepin or the defendant be a foreign corporation, the action may be tried at any place of holding court designated in the summons.
(f) The provisions of this subdivision shall be subject to the provisions of subdivision 9.
Subd. 13. Trial of criminal actions. All charges of traffic and ordinance violations shall be tried in the municipality where the alleged violation occurred subject to provisions of subdivision 9. If there is no designated place of holding court as provided in subdivision 9 in such municipality, the alleged violation shall be tried in the municipality designated by rule of the court.
Subd. 14. Appeals. Appeals from the county municipal court to the Court of Appeals shall be subject to the Rules of Appellate Procedure.
Subd. 15. Removal to district court. Whenever a counterclaim in excess of $6,000 is asserted, an equitable defense interposed, or it shall otherwise appear that the court is without jurisdiction in a cause pending therein, the fact shall be recorded, and the court administrator of municipal court shall transmit to the court administrator of the district court a certified transcript of the record and all papers filed in the case. Thereafter the cause shall proceed to judgment in the district court as if it had there been commenced, and the costs shall abide the event.
HIST: 1955 c 215 s 1; 1957 c 357 s 1; 1963 c 877 s 1-6,52; 1965 c 339 s 1; 1965 c 858 s 1-4; Ex1967 c 50 s 1; 1973 c 123 art 5 s 7; 1973 c 360 s 1; 1973 c 611 s 3; 1975 c 410 s 7; 1976 c 239 s 120; 1977 c 129 s 3; 1977 c 432 s 29,30; 1978 c 784 s 1; 1979 c 56 s 8; 1979 c 95 s 1; 1982 c 398 s 10-12; 1983 c 247 s 179; 1984 c 655 s 80; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 346 s 14; 1999 c 199 art 2 s 23,24; 2003 c 2 art 2 s 7
Official Publication of the State of Minnesota
Revisor of Statutes