2004 Minnesota Statutes

     488A.26 Pleading, practice, procedure and forms in civil 
  actions.  

    Subdivision 1.    General.  Pleading, practice, 
 procedure and forms in civil actions shall be governed by 
 municipal court Rules of Civil Procedure promulgated from time 
 to time by the Supreme Court of this state or by statutes 
 applicable to the district court in situations where said rules 
 are inapplicable.  All process issued by the court shall be 
 tested in the name of the chief judge.  

    Subd. 2.    Court rules.  A majority of the judges may 
 adopt rules governing pleading, practice, procedure and forms 
 for civil actions which are consistent with the provisions of 
 sections 488A.18 to 488A.287, the municipal court Rules of Civil 
 Procedure promulgated from time to time by the Supreme Court of 
 this state, or governing statutes.  

    Subd. 3.    Costs allowable.  Costs shall be allowed in 
 civil actions as follows: 

    (a) To the plaintiff upon a judgment in the plaintiff's 
 favor when an issue of fact or law has been joined: 

    (1) $10 when the amount of the judgment or the value of the 
 property recovered in a replevin action, exclusive of costs and 
 disbursements, exceeds $500; 

    (2) $5 in all other cases.  

    (b) $5 to the plaintiff upon a judgment in the plaintiff's 
 favor when no issue of fact or law has been joined and the 
 amount of the judgment or the value of the property recovered, 
 exclusive of costs and disbursements, exceeds $500.  

    (c) To the defendant upon a judgment in the defendant's 
 favor: 

    (1) $10 when on the merits; 

    (2) $5 in all other cases.  

    (d) $5 to the defendant upon a dismissal or discontinuance 
 other than on the merits, regardless of the amount claimed or 
 the value of the property involved.  

    Subd. 4.    Lien of judgment; filing of transcript.  
 (a) No judgment of this court shall attach as a lien upon real 
 estate unless and until a transcript thereof is filed and 
 docketed in district court.  

    (b) Any person who holds a judgment for an amount exceeding 
 $10, exclusive of interest and costs, may obtain from the 
 administrator a certified transcript of such judgment and may 
 file the transcript in the office of the court administrator of 
 the district court of Ramsey County, who shall file and docket 
 it.  

    (c) Upon the filing and docketing of the certified 
 transcript, the judgment becomes a lien upon the real estate of 
 the debtor to the same extent as a judgment of the district 
 court and the judgment thereafter is exclusively under the 
 control of the district court and may be enforced by its process 
 as though originally rendered by the district court.  

    (d) The administrator of this court shall not issue such a 
 certified transcript while a writ of execution is outstanding on 
 the judgment.  The administrator shall note on the record of 
 such judgment the fact that such transcript has been given and 
 shall not thereafter issue any writ of execution on the same 
 judgment.  

    Subd. 5.    Writs of replevin, attachment and execution.  
  Writs of replevin, attachment and execution may be issued in 
 accordance with the practice and procedure for such writs in 
 district court, but a judge rather than a sheriff or police 
 officer shall approve all bonds requiring approval.  

    Subd. 6.    Satisfaction of execution.  When a writ of 
 execution has been delivered to an officer for enforcement, any 
 person indebted to the judgment debtor may pay the amount of 
 such debt, or so much thereof as may satisfy the execution, to 
 the officer holding the writ and the receipt of that officer 
 reciting the facts is a sufficient discharge and satisfaction of 
 so much of said debt as is so paid.  

    Subd. 7.    Garnishment.  Proceedings against 
 garnishees may be instituted in the same manner as in the 
 district court.  

    HIST: 1961 c 436 s 9; 1965 c 695 s 3; 1969 c 1142 s 21; 1973 c 
 708 s 36; 1974 c 397 s 24-27; 1986 c 444; 1Sp1986 c 3 art 1 s 82