2004 Minnesota Statutes

CHAPTER 488A. Municipal courts; hennepin and ramsey counties

MUNICIPAL COURT, HENNEPIN COUNTY

     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 

  488A.02 Repealed, 1965 c 847 s 2 

     488A.021 Judges. 

    Subdivision 1.    Number of judges.  There are 17 
 judges of the municipal court of the county of Hennepin. 

    Subd. 2.    Qualifications and oath.  Each judge shall 
 be a person learned in the law who is admitted and qualified to 
 practice in the Supreme Court of this state and is a resident of 
 the county of Hennepin in this state.  Before entering upon the 
 duties of office, each judge shall take and subscribe an oath, 
 in the form prescribed by law for judicial officers, and shall 
 file that oath in the office of the county auditor. 

    Subd. 3. Repealed, 1993 c 318 art 2 s 51 

    Subd. 4.    Powers.  The judges have the general powers 
 of judges of courts of record and all powers necessary to 
 effectuate the purposes of sections 488A.01 to 488A.17.  Each 
 judge may administer oaths and take and certify 
 acknowledgments.  Each judge is a conservator of the peace and 
 has all powers and authority vested in it by statute or court 
 rule. 

    Subd. 5.    Contempt of court.  Any judge has the power 
 to punish for contempt of court by a fine not exceeding $100 or 
 by imprisonment in the county jail or city workhouse not 
 exceeding 90 days. 

    Subd. 6.    Court rules.  A majority of the judges may 
 promulgate rules of court consistent with sections 488A.01 to 
 488A.17.  Unless the rule forbids, a judge may waive its 
 application. 

    Subd. 7.  Repealed, 1977 c 432 s 49 

    Subd. 8.    Salaries.  Each judge shall be paid by the 
 state an annual salary in the amount prescribed by section 
 15A.083.  If a judge dies while in office, the amount of the 
 judge's salary remaining unpaid for the month in which the death 
 occurs shall be paid to the judge's estate.  Each judge shall be 
 paid expenses by the state in the same manner and amount as 
 provided for judges of the district court in section 484.54. 

    Subd. 9.    Retired judges, assignments.  Upon the 
 retirement of any judge of the municipal court of Hennepin 
 County, the judge may, with the judge's consent, be appointed 
 and assigned, by the then chief judge upon authorization of a 
 majority of the municipal court judges, to hear any cause 
 properly assignable to a judge of the municipal court of 
 Hennepin County and act thereon with full powers of such a 
 judge.  When such retired judge undertakes such service, the 
 retired judge shall be provided at the expense of the county a 
 courtroom or hearing room for the purpose of holding court or 
 hearings, to be paid for by the county, and shall be paid in 
 addition to a retirement compensation and not affecting the 
 amount thereof, the sum of $50 per diem for such additional 
 service, together with travel pay in the sum of 12 cents per 
 mile and the retired judge's actual expenses incurred in such 
 service, said payment to be made in the same manner as the 
 payment of salaries for district judges, on certification by the 
 presiding or senior judge of the district or by the chief judge 
 of the Supreme Court of the state of Minnesota. 

    HIST: 1965 c 847 s 1; 1967 c 735 s 1; Ex1967 c 50 s 2; 1969 c 
 970 s 1; 1971 c 25 s 85-87; 1971 c 879 s 1; 1973 c 347 s 1; 1975 
 c 290 s 1; 1977 c 35 s 16; 1977 c 432 s 31; 1983 c 359 s 69; 
 1986 c 444 

     488A.025 Court administrator; abolition of position of 
  clerk.  

    Subdivision 1.    Creation.  There is created the position of 
 court 
 administrator for the municipal court of Hennepin County.  

    Subd. 2.    Appointment.  A majority of the judges of the 
 municipal court 
 of Hennepin County shall appoint the court administrator who 
 shall serve at the pleasure of a majority of municipal court 
 judges.  

    Subd. 3.    Assistant.  Subject to the approval of a majority of 
 the 
 judges, the court administrator may appoint an assistant court 
 administrator who shall serve at the pleasure of the court 
 administrator.  

    Subd. 4.    Duties. + c Wherever in Minnesota Statutes 1969, 
 sections 
 488A.01 to 488A.17, powers, duties or responsibilities are 
 placed upon the clerk of municipal court, such powers, duties 
 and other responsibilities shall be and hereby are placed upon 
 the court administrator.  The court administrator shall perform 
 such duties and have such responsibilities that were previously 
 or shall be designated as the duty or responsibility of the 
 clerk of municipal court.  

    Subd. 5.    Clerk position abolished.  The position of clerk of 
 municipal court of 
 Hennepin County is hereby abolished.  

    HIST: Ex1971 c 8 s 1; 1973 c 508 s 1 

     488A.03 Court administrators, deputies. 

    Subdivision 1.  Repealed, Ex1971 c 8 s 2 

    Subd. 2.    Oath, bond.  (a) The court administrator 
 shall take and subscribe an oath to support the Constitution of 
 the United States and the state of Minnesota and to perform 
 faithfully the duties of the court administrator's office. 

    (b) The court administrator shall execute to the county of 
 Hennepin a penal bond in such sum and with such surety as the 
 county board directs, conditioned that: 

    (1)  The court administrator will account to and pay over 
 to the county treasurer as required by law all money belonging 
 to or to be paid to the county. 

    (2)  The court administrator will pay over to all persons 
 on demand all money to which they are entitled which comes into 
 the court administrator's hands as court administrator. 

    (3) At the expiration of tenure in office the court 
 administrator will forthwith pay to such county all money to 
 which it is entitled and to the court administrator's successor 
 in office all other money then remaining in the court 
 administrator's hands which came into the court administrator's 
 hands as court administrator. 

    (c) The court administrator may not enter upon official 
 duties until the court administrator's appointment, oath and 
 bond are filed with the county auditor. 

    Subd. 3.  Repealed, 1965 c 845 s 4 

    Subd. 3a.    Deputy court administrator.  (a) The court 
 has one chief deputy court administrator and such number of 
 assistant chief deputy court administrators Grade II, assistant 
 chief deputy court administrators, Grade I, deputy court 
 administrators and stenographers as the court administrator, 
 with the approval of a majority of the judges, deems necessary 
 from time to time, but no new or additional positions may be 
 created without the consent of the county board. 

    (b) With the approval of a majority of the judges the court 
 administrator shall appoint deputy court administrators. 

    (c) Each appointment shall be made under the hand of the 
 court administrator and seal of the court and the approval of a 
 majority of the judges shall be endorsed thereon. 

    (d) Each deputy shall take and subscribe an oath similar to 
 that prescribed for the court administrator and shall execute a 
 bond to the county of Hennepin for the faithful performance of 
 duties in such amount and with such terms, conditions, and 
 surety as the county board directs.  No deputy may enter upon an 
 office and duties before appointment, oath, and bond are filed 
 with the county auditor. 

    (e) The appointments of the deputy court administrators 
 shall be for terms of six years from their respective dates of 
 appointment and shall not expire or be suspended by reason of 
 the suspension, removal, termination of appointment, death, or 
 other incapacity of the court administrator.  At any time within 
 six months from the date of initial appointment, a deputy court 
 administrator may be removed and the deputy court 
 administrator's appointment terminated, with or without cause 
 and without prior notice or hearing.  At any time a deputy court 
 administrator may be suspended without pay for a period not 
 exceeding 30 days, with or without cause, after hearing before a 
 majority of the judges.  Except as otherwise provided herein, a 
 deputy court administrator, during the deputy court 
 administrator's term, may be removed and the appointment 
 terminated only for cause after notice and a hearing before a 
 majority of the judges.  Any termination, removal, or suspension 
 provided for in this subdivision shall be made by a majority of 
 the judges. 

    (f) The court administrator shall delegate, supervise, and 
 expedite the work and accounting of the deputy court 
 administrators.  The court administrator is not personally 
 responsible for their acts beyond the court administrator's 
 responsibility for proper delegation and supervision. 

    (g) Each deputy may administer oaths and affirmations, and 
 take acknowledgments and shall perform the duties and exercise 
 the powers of the court administrator which are delegated to the 
 deputy by the court administrator or by a majority of the judges 
 in the event of the death or disability of the court 
 administrator. 

    Subd. 4.    Powers and duties; supervision of judges.  
 (a) The court administrator may administer oaths and 
 affirmations and take acknowledgments.  The court administrator 
 has all the powers and shall perform all of the duties usually 
 incident to the office of a court administrator of a court of 
 record or necessary to carry out the purposes of this act. 

    (b) Under the supervision and approval of a majority of the 
 judges and with the consent of the county board the court 
 administrator shall procure at the expense of the county all 
 blanks, stationery, books, furniture, furnishings, and supplies 
 necessary for the use of the court and its officers and jurors. 

    (c) In the performance of all the court administrator's 
 duties the court administrator is subject to the control and 
 supervision of the judges.  

    Subd. 5.    Records, process and accounts.  The court 
 administrator shall make minutes, records and indices of all 
 proceedings; enter all orders, judgments and sentences; issue 
 commitments, execution and all other process; keep proper 
 accounts; have the custody and care of all books, files, 
 accounts, exhibits, papers and records of the court, and tax all 
 costs and disbursements. 

    Subd. 6.    Disposition of fines, fees and other money; 
 accounts.  (a) Except as otherwise provided herein and except 
 as otherwise provided by law, the court administrator shall pay 
 to the Hennepin county treasurer all fines and penalties 
 collected by the court administrator, all fees collected by the 
 court administrator for court administrator's services, all sums 
 forfeited to the court as hereinafter provided, and all other 
 money received by the court administrator.  

    (b) The court administrator shall provide the county 
 treasurer with the name of the municipality or other subdivision 
 of government where the offense was committed and the name and 
 official position of the officer who prosecuted the offense for 
 each fine or penalty, and the total amount of fines or penalties 
 collected for each such municipality or other subdivision of 
 government or for the county. 

    (c) At the beginning of the first day of any month the 
 amount owing to any municipality or county in the hands of the 
 court administrator shall not exceed $5,000.  

    (d) On or before the last day of each month the county 
 treasurer shall pay over to the treasurer of each municipality 
 or subdivision of government in Hennepin County all fines or 
 penalties collected during the previous month for offenses 
 committed within such municipality or subdivision of government, 
 except that all such fines and penalties attributable to cases 
 in which the county attorney had charge of the prosecution shall 
 be retained by the county treasurer and credited to the county 
 general revenue fund. 

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

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

    Subd. 7.    Payment of witness fees and mileage.  The 
 court administrator shall pay such fees and mileage to witnesses 
 as may be ordered by any judge in any action or proceeding 
 involving a charged violation of a criminal law or municipal 
 ordinance.  The court administrator shall obtain receipts 
 therefor as vouchers for the sums paid and shall deduct these 
 payments from the amount otherwise due to the county. 

    Subd. 8.    Abandonment of deposits and bail.  (a) All 
 sums deposited with the court administrator to cover witness 
 fees, jury fees, court administrator's fees or the fees of 
 police officers shall be deemed abandoned and forfeited if the 
 witness fees are not disbursed or the services covered by the 
 fees are not performed and the person entitled to refund thereof 
 does not file a written demand for refund with the court 
 administrator within six months from the date of trial, 
 dismissal or striking of the cause as to jury fees and from the 
 date of deposit as to other fees. 

    (b) Any bail deposited with the court administrator and not 
 forfeited by court order shall be deemed abandoned and forfeited 
 if the person entitled to refund does not file a written demand 
 for refund with the court administrator within six months from 
 the date when the person became entitled to the refund.  All 
 such forfeited sums shall be paid over by the court 
 administrator to the county treasurer promptly. 

    (c) Any judge may order any sums so forfeited under (a) or 
 (b) to be reinstated for cause and the court administrator shall 
 then refund accordingly.  The county treasurer shall reimburse 
 the court administrator if the court administrator refunds the 
 deposit upon such an order and obtains a receipt to be used as a 
 voucher. 

    Subd. 9.    Disposition of forfeited sums.  All sums 
 collected on any bail, bond, or recognizance forfeited by court 
 order shall be paid to the county of Hennepin to be applied to 
 the support of the law library of the county.  The receipt of 
 the county treasurer to the court administrator shall be a 
 sufficient voucher therefor.  When the sums so forfeited, minus 
 refunds, during any calendar year equal $2,500, all sums in 
 excess thereof shall be paid to the county treasurer who shall 
 remit said sums to the municipality or subdivision of government 
 in which the violation occurred in accordance with the 
 provisions of this act.  Such payments to the county shall be 
 made periodically but not prior to six months from the date of 
 the order for forfeiture.  During that six month period, but not 
 thereafter, any judge may set aside the forfeiture order upon 
 proper showing of cause therefor.  No obligation to pay to the 
 county sums so ordered forfeited exists unless the forfeiture is 
 not set aside within said six-month period.  For the purpose of 
 determining when said $2,500 shall have accrued to the county 
 law library the final forfeiture shall be deemed to occur at the 
 end of the six-month period. 

    Subd. 10.    Order for prisoner release.  When a person 
 is confined to the Minneapolis Workhouse and a fine is remitted, 
 a sentence stayed or suspended, the person released on parole, 
 or the release of the person secured by payment of the fine in 
 default of which the person was committed, the prisoner shall 
 not be released except upon order of the court.  A written 
 transcript of such order signed by the court administrator and 
 under the court's seal shall be furnished to the superintendent 
 of the Minneapolis Workhouse.  All costs of confinement or 
 imprisonment in any jail or workhouse shall be paid by the 
 municipality or subdivision of government in Hennepin County in 
 which the violation occurred, except that the county shall pay 
 all costs of confinement or imprisonment incurred as a result of 
 a prosecution of a gross misdemeanor. 

    Subd. 11.    Fees payable to administrator.  (a) The 
 civil fees payable to the administrator for services are the 
 same in amount as the fees then payable to the District Court of 
 Hennepin County for like services.  Library and filing fees are 
 not required of the defendant in an eviction action.  The fees 
 payable to the administrator for all other services of the 
 administrator or the court shall be fixed by rules promulgated 
 by a majority of the judges. 

    (b) Fees are payable to the administrator in advance.  

    (c) Judgments will be entered only upon written application.

    (d) The following fees shall be taxed for all charges filed 
 in court where applicable:  (a) The state of Minnesota and any 
 governmental subdivision within the jurisdictional area of any 
 district court herein established may present cases for hearing 
 before said district court; (b) In the event the court takes 
 jurisdiction of a prosecution for the violation of a statute or 
 ordinance by the state or a governmental subdivision other than 
 a city or town in Hennepin County, all fines, penalties, and 
 forfeitures collected shall be paid over to the treasurer of the 
 governmental subdivision which submitted charges for prosecution 
 under ordinance violation and to the county treasurer in all 
 other charges except where a different disposition is provided 
 by law, in which case, payment shall be made to the public 
 official entitled thereto.  The following fees shall be taxed to 
 the county or to the state or governmental subdivision which 
 would be entitled to payment of the fines, forfeiture or 
 penalties in any case, and shall be paid to the court 
 administrator for disposing of the matter: 

    (1) For each charge where the defendant is brought into 
 court and pleads guilty and is sentenced, or the matter is 
 otherwise disposed of without trial .......... $5. 

    (2) In arraignments where the defendant waives a 
 preliminary examination .......... $10. 

    (3) For all other charges where the defendant stands trial 
 or has a preliminary examination by the court .......... $15. 

    (e) This paragraph applies to the distribution of fines 
 paid by defendants without a court appearance in response to a 
 citation.  On or before the tenth day after the last day of the 
 month in which the money was collected, the county treasurer 
 shall pay 80 percent of the fines to the treasurer of the 
 municipality or subdivision within the county where the 
 violation was committed.  The remainder of the fines shall be 
 credited to the general revenue fund of the county.  

    Subd. 11a.    Governmental units; fee exclusions.  Any 
 provision of law relating to the Municipal Court of Hennepin 
 County to the contrary notwithstanding, no fees shall be charged 
 by the court administrator of said Municipal Court to any 
 governmental unit of the state of Minnesota or any agency 
 thereof, located in whole or in part within the county of 
 Hennepin when said governmental unit or any agency thereof 
 transacts any business in, or they are a party to any action or 
 proceeding in, the Hennepin county municipal court. 

    Subd. 11b.    Criminal fees.  Notwithstanding the 
 provisions of subdivision 11a, beginning June 1, 1977, all 
 criminal fees shall be collected in Hennepin County Municipal 
 Court pursuant to subdivision 11. 

    Subd. 12.  Repealed, 1965 c 845 s 4 

    Subd. 12a.    Salaries.  (a) The annual salary of the 
 court administrator is $11,000 per year.  

    (b) The classifications and annual salaries of the deputy 
 court administrators are:  

    (1) Chief deputy court administrator, $9,000.  

    (2) Assistant chief deputy court administrators, Grade II, 
 $8,500.  

    (3) Assistant chief deputy court administrators, Grade I, 
 $8,000.  

    (4) Deputy court administrators, from $4,800 to $7,800.  

    (c) Stenographers, from $3,600 to $4,400 annually. 

    (d) All of the foregoing salaries are payable out of the 
 treasury of the county of Hennepin in semimonthly installments. 

    (e) Each deputy court administrator shall serve in the 
 deputy court administrator's classification for one year at the 
 minimum salary for that classification, and the deputy court 
 administrator's salary shall be increased at the end of each 
 year's service by $300 until such salaries reach the maximum 
 salaries for such classification.  Laws 1965, chapter 845, shall 
 not be construed to reduce the present salary of any deputy 
 court administrator.  Deputy court administrators returning from 
 active service in the armed forces of the United States shall 
 receive automatic salary increases in the same fashion as though 
 the time spent in said active service had been spent as a deputy 
 court administrator. 

    Subd. 13.    Destruction of records.  (a) Upon order of 
 all the judges the court administrator may destroy or dispose of 
 all of the following types of files and records of the court 
 which are more than ten years old: 

    (1) garnishment files, uncontested, 

    (2) motion calendars, special term, 

    (3) unlawful detainer calendars, special term, 

    (4) garnishment calendars, special term, 

    (5) general term calendars, 

    (6) court reporters note books, 

    (7) receipt books for prisoners, 

    (8) old receipt books for probation department, 

    (9) criminal and ordinance violations files, 

    (10) cash books, 

    (11) depositions, 

    (12) traffic tags. 

    (b) Upon order of all the judges and upon ten days' written 
 notice to the president of the Hennepin County Historical 
 Society, the court administrator may destroy or dispose of all 
 files of civil or garnishment actions and actions of forcible 
 entry, unlawful detainer, or eviction which were commenced more 
 than 20 years prior to the judges' order and in which no 
 proceedings have occurred within ten years prior to the judges' 
 order. 

    Subd. 14.    Revenues to general fund.  In a judicial 
 district under section 480.181, subdivision 1, paragraph (b), 
 the county's share of all fines, forfeitures, fees, and 
 statutory court costs must be paid to the state treasurer for 
 deposit in the state treasury and credited to the general fund. 

    HIST: 1955 c 215 s 3; 1963 c 877 s 8-17; 1965 c 845 s 1,2; 
 1965 c 858 s 5; 1967 c 250 s 1; 1967 c 772 s 1; Ex1971 c 9 s 1; 
 1973 c 123 art 5 s 7; 1977 c 321 s 1; 1979 c 318 s 2; 1983 c 177 
 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 190 s 1; 1998 c 
 367 art 8 s 7,25; 2000 c 270 s 1,2; 1Sp2001 c 5 art 5 s 18; 2003 
 c 2 art 2 s 8,9 

     488A.035 Deputy court administrators; date of employment.

    All persons previously employed as court administrators of 
 a municipal court in the county of Hennepin but outside the city 
 of Minneapolis, who on March 1, 1965, were employed as deputy 
 court administrators of the municipal court of Hennepin County 
 pursuant to section 488A.116, shall be considered for salary 
 purposes to have commenced their employment on the date they 
 commenced their employment as court administrator of a municipal 
 court outside the city of Minneapolis.  

    HIST: 1965 c 539 s 1; 1Sp1986 c 3 art 1 s 82 

     488A.04 Probation officers.  

    Subdivision 1.    Appointment; term; removal; suspension.  
  A majority of the judges shall appoint a chief probation 
 officer.  With the approval of a majority of the judges, the 
 chief probation officer shall appoint a chief deputy probation 
 officer, a casework supervisor, and such number of deputy 
 probation officers, clerks and stenographers as a majority of 
 the judges may from time to time deem necessary, but no new or 
 additional positions may be created without the consent of the 
 board of county commissioners.  Each appointment shall be for a 
 term of four years from the respective date of appointment and 
 shall not expire or be suspended by reason of the suspension, 
 removal, termination of appointment, death or other incapacity 
 of the chief probation officer.  At any time within six months 
 from the date of initial appointment, the chief probation 
 officer, the chief deputy probation officer, the casework 
 supervisor, a deputy probation officer, a clerk or a 
 stenographer, may be removed and the appointment terminated, 
 with or without cause and without prior notice or hearing.  At 
 any time the chief probation officer, the chief deputy probation 
 officer, the casework supervisor, a deputy probation officer, a 
 clerk or a stenographer may be suspended without pay for a 
 period not exceeding 30 days, with or without cause, after 
 hearing before a majority of the judges.  Except as otherwise 
 provided herein, the chief probation officer, the chief deputy 
 probation officer, the casework supervisor, a deputy probation 
 officer, a clerk or a stenographer, during a term, may be 
 removed and that employee's appointment terminated only for 
 cause after notice and a hearing before a majority of the 
 judges.  Any termination, removal or suspension provided for in 
 this subdivision shall be made by a majority of the judges.  

    Subd. 2.    Duties and powers.  Probation officers 
 shall be present at such sessions of the court as the judge 
 presiding may direct.  The probation officers shall take charge 
 of all persons placed on probation or parole and committed to 
 their care during a probation or parole period and supervise 
 them as the court directs.  They are not regular members of any 
 police force, but in the execution of their official duties, 
 they have all the powers of police officers.  The chief 
 probation officer shall supervise the other probation officers 
 and may delegate duties and powers to them.  

    Subd. 3.    Reports to court.  The probation officers 
 shall report to the court verbally or in writing, as the court 
 may direct, regarding the condition, disposition, and other 
 pertinent facts relative to the persons under their care.  

    Subd. 4.    Offices and supplies.  The board of county 
 commissioners shall provide the probation officers, the casework 
 supervisor, clerks, and stenographers with suitable furnished 
 offices in the building where the court is held, and with record 
 books, blanks, stationery, postage, and funds required for the 
 performance of their duties.  

    Subd. 5.    Salaries.  The judges shall fix the amount 
 of compensation to be paid the probation officers, the casework 
 supervisor, clerks and stenographers.  The annual compensation 
 of each shall not exceed: 

    chief probation officer, $10,000; 

    chief deputy probation officer, $9,000; 

    casework supervisor, $8,250; 

    deputy probation officers, $7,500; 

    clerks and stenographers, $4,900. 

    Their compensation is payable in equal semimonthly 
 installments out of the county treasury.  

    HIST: 1955 c 215 s 4; 1963 c 783 s 1-3; 1963 c 877 s 18-20; 
 1965 c 851 s 1-3; 1986 c 444 

  488A.05 Repealed, 1989 c 335 art 3 s 57 subd 3 

     488A.06 Bailiffs. 

    Subdivision 1.    Appointment; duties.  The sheriff 
 with approval of a majority of the judges shall assign to the 
 court a sufficient number of deputy sheriffs who shall act as 
 bailiffs of the court.  A bailiff shall be in attendance at all 
 sessions of the court involving traffic or criminal matters, and 
 serve all process and warrants and perform such other duties as 
 may be directed by the judges of the court.  The county board 
 may with the approval of a majority of the judges contract with 
 any municipality upon such terms as agreed upon for the services 
 of police officers of the municipality to act as bailiffs at all 
 sessions of the court in the municipality.  Provided, however, 
 and notwithstanding the provisions of any law to the contrary, 
 the county board and the governing body of any town or city 
 within the county shall have authority to contract for the 
 service of such process and warrants by the police officers of 
 such town or city within their respective boundaries upon such 
 terms and conditions as may be agreed upon between the parties 
 and approved by a majority of the judges of the court.  Upon 
 execution of such agreements, a copy thereof shall be delivered 
 to the sheriff who may thereafter deliver for service the 
 process and warrants to the local police officers for service 
 pursuant to the terms of such agreement.  

    Subd. 2.    Service of papers.  No bailiff shall serve 
 or receive for service any summons or other paper in any 
 eviction or civil action until the complaint has been filed with 
 the court administrator.  The bailiff to whom a summons or other 
 paper is delivered for service shall make a prompt return to the 
 court administrator showing whether or not it has been served 
 and if not served the reason therefor. 

    Subd. 3.    Fees and mileage.  The fees and mileage of 
 bailiffs in civil actions and actions of eviction are the same 
 as those payable to the sheriff of Hennepin County for like 
 services for district court actions.  The fees and mileage for 
 all other services of bailiffs shall be fixed by rules 
 promulgated by a majority of the judges.  The fee provided for 
 by chapter 349 of the Laws of 1953 is not payable.  No fees or 
 mileage are payable by the state, county or city to bailiffs for 
 their services, except that the county may pay bailiffs for 
 automobile mileage within the limits provided by law when the 
 bailiffs furnish automobiles for use in the performance of their 
 duties.  Bailiffs shall make returns showing their fees and 
 mileage after performing such services.  The amount of the 
 bailiffs' fees and mileage is payable to the sheriff in advance. 

    Subd. 4.    Compensation; gratuities.  Except as 
 provided in subdivision 3 above, such bailiffs shall be paid for 
 their services only the compensation payable to them by the 
 county as bailiffs.  If any fee, gratuity, or reward is paid to 
 any bailiff for services while on duty as a bailiff of the 
 court, the bailiff shall forthwith pay it over to the court 
 administrator for the use of the county.  Failure to do so is a 
 misdemeanor and is punishable by a fine not exceeding $100, or 
 by imprisonment in the county jail or city workhouse for not 
 more than 30 days.  

    Subd. 5.    Transportation of defendants.  The sheriff 
 of Hennepin County shall transport defendants pursuant to rules 
 promulgated by the court and orders of the court.  

    HIST: 1955 c 215 s 6; 1963 c 877 s 23-26; 1965 c 494 s 1; 1965 
 c 858 s 6,7; 1973 c 123 art 5 s 7; 1986 c 444; 1Sp1986 c 3 art 1 
 s 82; 2003 c 2 art 2 s 10,11 

  488A.07 Repealed, 1977 c 286 s 21 

     488A.08 Misdemeanor violations bureaus. 

    Subdivision 1.    Establishment.  Misdemeanor violation 
 bureaus shall be established at Minneapolis, Bloomington, and at 
 any other northern and western suburban locations dispersed 
 throughout the county as may be designated by a majority of the 
 judges of the court. 

    Subd. 2.    Supervision.  The court shall supervise and 
 the court administrator of municipal court shall operate the 
 misdemeanor violations bureaus in accordance with rule 23 of the 
 Rules of Criminal Procedure.  Subject to approval by a majority 
 of the judges the court administrator shall assign one or more 
 deputy court administrators to discharge and perform the duties 
 of the bureaus. 

    Subd. 3.    Uniform traffic ticket.  The county board of 
 Hennepin County may alter by deletion or addition the uniform 
 traffic ticket, provided in section 169.99, in such manner as it 
 deems advisable for use in Hennepin County. 

    Subd. 4.    Procedure by person receiving misdemeanor 
 citation.  A person who receives a misdemeanor or petty 
 misdemeanor citation shall proceed as follows: 

    (a) If a fine for the violation may be paid at the bureau 
 without appearance before a judge, the person charged may pay 
 the fine in person or by mail to the bureau within the time 
 specified in the citation.  Payment of the fine shall be deemed 
 to be the entry of a plea of guilty to the violation charged and 
 a consent to the imposition of a sentence for the violation in 
 the amount of the fine paid.  A receipt shall be issued to 
 evidence the payment and the receipt shall be satisfaction for 
 the violation charged in that citation. 

    (b) When a fine is not paid, the person charged must 
 appear at a bureau within the time specified in the citation, 
 state whether the person desires to enter a plea of guilty or 
 not guilty, arrange for a date for arraignment in court and 
 appear in court for arraignment on the date set by the bureau. 

    HIST: 1955 c 215 s 8; 1963 c 877 s 30-33; 1965 c 858 s 8,9; 
 1969 c 501 s 1; 1979 c 233 s 19; 1981 c 235 s 1; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     488A.09 Pleading, practice, procedure, and forms in 
  civil actions. 

    Subdivision 1.    General.  Pleading, practice, 
 procedure, and forms in civil actions are governed by the rules 
 for municipal courts promulgated from time to time by the 
 Supreme Court of this state or by the statutes governing in the 
 District Court of Hennepin County insofar as the rules 
 promulgated by the Supreme Court do not contain any applicable 
 provision.  The provisions of this act relating to pleading, 
 practice, and procedure in civil actions shall be effective as 
 rules of court until modified or superseded by a rule hereafter 
 adopted by the supreme court of this state and upon the adoption 
 hereafter of any rule on the same subject by the supreme court, 
 the provisions of this act, insofar as they are in conflict 
 therewith, shall be of no further force or effect.  

    Subd. 2.    Court rules.  A majority of the judges may 
 adopt rules governing pleading, practice, procedure and forms 
 for civil actions which are not inconsistent with the provisions 
 of this act, the rules for municipal courts promulgated from 
 time to time by the Supreme Court of Minnesota or governing 
 statutes.  

    Subd. 3.    Note of issue; demand for jury trial; waiver 
 of jury trial.  (a) A party desiring to place a cause upon 
 the calendar for trial after issue is joined shall serve a note 
 of issue on all other parties and file it with the court 
 administrator, with proof of service, within ten days after 
 service.  The note of issue shall state whether the issues are 
 of law or fact, whether trial by jury is demanded or waived, 
 whether a jury of 12 or six is demanded and the name and address 
 of the respective counsel.  

    (b) If any other party to the action desires a trial by 
 jury when none is demanded in the note of issue served upon the 
 party or if any other party desires trial by a jury of 12 when a 
 jury of six is demanded in the note of issue served upon the 
 party, then the party shall serve a demand for trial by a jury 
 of six or 12 persons on all other parties to the action and file 
 it with the court administrator, with proof of service, within 
 ten days after the note of issue was served upon the party.  

    (c) The party demanding a jury trial shall pay to the court 
 administrator a jury fee of $5 for a jury of six or $10 for a 
 jury of 12 at the time of filing the note of issue or demand.  
 If a party demands a jury of 12 when the note of issue 
 previously served demanded a jury of six, the party shall pay a 
 fee of $5 to the court administrator at the time of filing the 
 party's demand.  

    (d) If a jury of six or 12 persons is not demanded at the 
 time and in the manner provided in this act, all parties waive 
 trial by a jury of six or of 12, as the case may be.  Jury trial 
 may be waived also in the manner provided by rule 38.02 of the 
 rules for municipal courts promulgated by the Supreme Court of 
 Minnesota, as amended from time to time.  

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

    Subd. 5.    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 $150; 

    (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 $150.  

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

    (1) $10 when the amount claimed in the complaint or the 
 alleged value of the property involved in a replevin complaint 
 exceeds $150; 

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

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

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

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

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

    (e) amend findings of fact and conclusions of law, make new 
 findings and conclusions, and direct entry of a new judgment; 

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

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

    Subd. 7.    Lien of judgment; filing of transcript.  (a) 
 No judgment of the municipal court shall attach as a lien upon 
 real estate until a transcript of it 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 court 
 administrator a certified transcript of the judgment and may 
 file the transcript in the office of the court administrator of 
 the district court of Hennepin County, who shall file and docket 
 it as prescribed by law or court rules. 

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

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

    Subd. 9.    Satisfaction of execution.  When a writ of 
 execution has been delivered to an officer for enforcement, any 
 person indebted to the judgment debtor may pay the amount of 
 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. 10.    Garnishment.  Proceedings against 
 garnishees may be instituted in the same manner as in the 
 district courts of the state.  The garnishment summons may be 
 served either by an officer or any person not a party to the 
 action, at any place within the state of Minnesota, and the 
 service shall in all cases be personal.  The disclosure of the 
 garnishee shall be made and all further proceedings had in the 
 same manner as if the proceedings were in the district court, 
 but the summons shall require disclosure within ten days after 
 service, and service upon the judgment debtor shall be made not 
 later than ten days after the service on the garnishee.  

    HIST: 1955 c 215 s 9; 1967 c 734 s 1; 1969 c 1142 s 20; 1983 c 
 359 s 70; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     488A.10 Pleading, practice, procedure, and forms in 
  criminal proceedings. 

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

    Subd. 2.    Court rules.  A majority of the judges may 
 adopt rules governing pleading, practice, procedure and forms in 
 actions or proceedings, charging violation of a criminal law or 
 a municipal ordinance, charter provision or rule.  The rules 
 shall be consistent with the Rules of Criminal Procedure, the 
 provisions of this chapter and any other statute of this state. 

    Subd. 3. Repealed, 1979 c 233 s 42 

    Subd. 4. Repealed, 1979 c 233 s 42 

    Subd. 5. Repealed, 1979 c 233 s 42 

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

    Subd. 7.    Warrants.  Any judge of the court may issue 
 warrants.  The court administrator may issue warrants when the 
 offense alleged to have been committed is a violation of a petty 
 misdemeanor law of this state or of a municipal ordinance which 
 is punishable, upon conviction, by a sentence to the payment of 
 a fine only. 

    Subd. 8.    Probation, parole, stay, suspension.  (a) 
 At the time of imposing sentence, the judge may stay execution 
 of the sentence for a period not exceeding one year upon such 
 terms and conditions, including probation, as the judge may deem 
 proper or may order release on parole after part of the sentence 
 has been served.  The parole shall be for a period not exceeding 
 one year from the date of commitment and on such terms and 
 conditions, including probation, as the judge may deem proper. 

    (b) At the time of imposing sentence or at any time 
 thereafter, the sentencing judge, or any other judge when the 
 sentencing judge is not available, may suspend forever the 
 execution of any sentence or the balance of any sentence which 
 has been executed in part. 

    (c) When a person has been committed to the city workhouse 
 or county jail, the sentencing judge, or any other judge when 
 the sentencing judge is not available, may order the release of 
 such person on parole after part of the sentence is served when 
 satisfied that the person will thereafter keep the peace and be 
 of good behavior.  The parole shall be for a period not 
 exceeding one year from the date of commitment and on such terms 
 and conditions as the judge deems proper.  If a request for 
 parole is denied by the sentencing judge, or any other judge 
 when the sentencing judge is not available, under the judge's 
 discretionary authority, then parole of that person may be 
 granted thereafter only by order of a majority of all the judges.

    (d) If any person violates any terms or conditions of a 
 stay, parole or probation, or commits a subsequent violation of 
 any law, charter provision or ordinance, any judge may revoke 
 the stay, parole or probation and cause such person to be 
 arrested and committed for the sentence originally imposed or 
 the balance thereof if a portion of the sentence has been 
 previously served.  The revocation may be based on such showing, 
 oral or written, sworn or unsworn, as the judge deems 
 sufficient, and may be made without notice or hearing. 

    Subd. 9. Repealed, 1979 c 233 s 42 

    Subd. 10.    Minutes of preliminary hearings.  The 
 court administrator shall keep minutes of preliminary hearings 
 on indictable offenses and make proper return to the court 
 before which the person charged with the offense may be bound to 
 appear. 

    Subd. 11.    Prosecuting attorneys.  Except as otherwise 
 provided in this subdivision and section 388.051, subdivision 2, 
 the attorney of the municipality in which the violation is 
 alleged to have occurred has charge of the prosecution of all 
 violations of the state laws, including violations which are 
 gross misdemeanors, and municipal charter provisions, 
 ordinances, rules and regulations triable in the municipal court 
 and shall prepare complaints for the violations.  The county 
 attorney has charge of the prosecution of a violation triable in 
 municipal court and shall prepare a complaint for the violation: 

    (a) if the county attorney is specifically designated by 
 law as the prosecutor for the particular violation charged; or 

    (b) if the alleged violation is of state law and is alleged 
 to have occurred in a municipality or other subdivision of 
 government whose population according to the most recent federal 
 census is less than 2,500 and whose governing body, or the town 
 board in the case of a town, has accepted this paragraph by 
 majority vote, and if the defendant is cited or arrested by a 
 member of the staff of the sheriff of Hennepin County or by a 
 member of the State Patrol. 

    Paragraph (b) shall not apply to a municipality or other 
 subdivision of government whose population according to the most 
 recent federal decennial census is 2,500 or more, regardless of 
 whether or not it has previously accepted the paragraph. 

    Subd. 12.    Presumption of innocence; conviction of 
 lowest degree.  In an action or proceeding charging a 
 violation of an ordinance of any subdivision of government in 
 the county of Hennepin, if such ordinance is the same or 
 substantially the same as a state law, the provisions of section 
 611.02, shall apply. 

    HIST: 1955 c 215 s 10; 1963 c 877 s 34-36; 1965 c 858 s 10,11; 
 1967 c 734 s 2; 1967 c 772 s 2; 1967 c 846 s 1; Ex1967 c 50 s 3; 
 1969 c 9 s 89,90; Ex1971 c 27 s 33-35; 1977 c 432 s 32,33; 1979 
 c 233 s 7,8; 1981 c 37 s 2; 1983 c 177 s 15; 1983 c 345 s 12; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     488A.101 County attorney as prosecutor, notice to county.

    A municipality or other subdivision of government seeking 
 to use the county attorney for violations enumerated in section 
 488A.10, subdivision 11 shall notify the county board of its 
 intention to use the services of the county attorney at least 60 
 days prior to the adoption of the board's annual budget each 
 year.  A municipality may enter into an agreement with the 
 county board and the county attorney to provide prosecution 
 services for any criminal offense on a case-by-case basis. 

    HIST: 1967 c 772 s 3; 1993 c 284 s 1 

     488A.11 Eviction actions. 

    Subdivision 1.    Return days.  Return days for eviction 
 actions may be fixed by rule promulgated by a majority of the 
 judges.  

    Subd. 2.    Procedure; forms.  Sections 504B.281 to 
 504B.371 apply to the court.  The forms therein prescribed, with 
 appropriate modifications, may be used. 

    Subd. 3.    Default judgments.  Whenever a duly verified 
 complaint in an action of eviction shows one of the causes of 
 action set forth in section 504B.285 and on the return day of 
 the summons the defendant does not appear, the judge, upon proof 
 of the due service of the summons, shall enter an order 
 adjudging the defendant to be in default, and thereafter the 
 court administrator shall enter judgment for the plaintiff 
 without the introduction of evidence. 

    HIST: 1955 c 215 s 11; 1Sp1986 c 3 art 1 s 82; 1999 c 199 art 
 2 s 25; 2003 c 2 art 2 s 12 

  488A.111 Repealed, 1989 c 335 art 3 s 57 subd 3 

     488A.112 Courtrooms. 

    The municipal court of the county of Hennepin and its 
 probation office shall occupy the courtrooms and offices 
 presently occupied by the municipal court of the city of 
 Minneapolis until such time as the judges of the court may 
 determine that this space is no longer necessary.  The city of 
 Minneapolis shall sell to the county of Hennepin the furniture 
 and supplies in these courtrooms and offices at their fair value.

    HIST: 1963 c 877 s 44 

     488A.113 Courts abolished. 

    All courts in Hennepin County except district and probate 
 courts are abolished as of January 1, 1965.  The municipal court 
 of the city of Minneapolis is merged into the municipal court of 
 the county of Hennepin as hereinafter provided, as of January 1, 
 1965. 

    HIST: 1963 c 877 s 45; 1979 c 41 s 5 

  488A.114 Transitional 

     488A.115 Employees of the municipal court of the city of 
  Minneapolis. 

    Except as otherwise provided in Laws 1963, chapter 877, the 
 judges and employees of the municipal court of the city of 
 Minneapolis, including court reporters and the employees in the 
 probation office, on December 31, 1964, shall become employees 
 of the municipal court of Hennepin County in the same positions 
 for the same terms and at the same salaries. 

    HIST: 1963 c 877 s 47; 1981 c 224 s 217 

     488A.116 Employees of municipal courts outside the city 
  of Minneapolis.  

    All persons who on May 1, 1963, were full time clerks of 
 municipal courts outside of the city of Minneapolis shall be 
 given preference in the hiring of clerks or deputy clerks under 
 Laws 1963, chapter 877.  

    HIST: 1963 c 877 s 48 

  488A.117 Transitional 

  488A.118 Expired 

     488A.119 Bailiffs, deputy court administrators and law 
  clerks; appointment, tenure; oath and bond; salaries.  

    A majority of the judges may appoint an individual or 
 individuals to perform the function of court room bailiff, 
 deputy court administrator and law clerk or any combination 
 thereof.  The appointment may be terminated by a majority of the 
 judges without hearing or notice.  A majority of the judges may 
 establish requirements as to oath and bond.  The salary or 
 salaries of said individual or individuals shall be set by the 
 Hennepin County Board of Commissioners and shall be paid by the 
 Hennepin County treasurer.  

    HIST: 1965 c 858 s 13; 1Sp1986 c 3 art 1 s 82 

  488A.12 Repealed, 1993 c 321 s 7 

  488A.13 Repealed, 1993 c 321 s 7 

  488A.14 Repealed, 1993 c 321 s 7 

  488A.15 Repealed, 1993 c 321 s 7 

  488A.16 Repealed, 1993 c 321 s 7 

  488A.17 Repealed, 1993 c 321 s 7 

MUNICIPAL COURT, RAMSEY COUNTY

     488A.18 Establishment; jurisdiction; powers; appeals. 

    Subdivision 1.    Establishment confirmed.  There is 
 hereby created a Municipal Court of Ramsey county with the 
 jurisdiction and powers hereinafter stated. 

    Subd. 2.    Court of record.  The court is a court of 
 record with an 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 court 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.  (a) Excepting cases 
 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.  The territorial jurisdiction of the court is 
 coextensive with the geographic boundaries of the county of 
 Ramsey. 

    (b) The court also has jurisdiction, within the limitations 
 provided in this subdivision, to hear, try and determine civil 
 actions commenced by a plaintiff, resident of Ramsey county, 
 where the action arose out of alleged negligent operation of a 
 motor vehicle in Ramsey County, notwithstanding that the 
 defendant or defendants are not residents of the county.  
 Notwithstanding any law or rule of civil procedure to the 
 contrary, the summons in the action may be served anywhere 
 within the state of Minnesota. 

    (c) Notwithstanding the provisions of clause (a) or any 
 rule of court to the contrary, the Municipal Court of Ramsey 
 County has jurisdiction to determine an action brought pursuant 
 to section 504B.178 for the recovery of a deposit on rental 
 property located in whole or in part in Ramsey County, and the 
 summons in the action may be served anywhere within the state of 
 Minnesota. 

    Subd. 5.  Repealed, 1973 c 708 s 37 

    Subd. 6.    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 Ramsey County and, 
 notwithstanding any provision of subdivision 8 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 Ramsey County. 

    Subd. 7.    Criminal jurisdiction.  The court has 
 jurisdiction to hear, try and determine any charge of violation 
 within Ramsey County of: 

    (1) a criminal law of this state constituting a misdemeanor 
 or gross misdemeanor and any offense of this state which 
 constitutes a petty misdemeanor; 

    (2) any ordinance, charter provision, rule or regulation of 
 any subdivision of government in the county of Ramsey; or 

    (3) any ordinance, charter provision, rule or regulation of 
 the Minneapolis-Saint Paul Metropolitan Airports Commission; 

    (4) any ordinance, rule or regulation of the regents of the 
 University of Minnesota. 

    Subd. 8.    Exceptions to jurisdiction.  The court does 
 not have jurisdiction: 

    (a) of any action where the relief asked for is purely 
 equitable in its nature; 

    (b) of an action for divorce; 

    (c) to issue any extraordinary writ; nor 

    (d) to issue any order in proceedings supplementary to 
 execution. 

    Subd. 9.    Service.  All civil and criminal process and 
 orders may be served and enforced anywhere within the state of 
 Minnesota. 

    Subd. 10.    Place of holding court.  The county of 
 Ramsey shall provide suitable quarters for the holding of 
 regular terms of court at all places where court sessions are 
 conducted.  

    Subd. 11.    Continuous terms.  The court shall be in 
 continuous session and deemed open at all times except Sundays 
 and legal holidays. 

    Subd. 12.  Repealed, 1977 c 432 s 49 

    Subd. 13.    Trial of criminal actions.  All charges of 
 misdemeanors, gross misdemeanors, petty misdemeanors and 
 ordinance violations shall be tried in the municipality where 
 the alleged violation occurred.  If there is no court located in 
 the municipality, then the trial of the charges shall take place 
 at the nearest place of holding court.  In addition to any 
 daytime arraignments as the court may establish, traffic and 
 criminal arraignments shall be held at least once each week in 
 the evening after 7:00 p.m. if so requested by the governing 
 body of a city in which a court is situated as provided by Laws 
 1973, chapter 708 by a resolution filed with the administrator 
 of 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 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: 1961 c 436 s 1; 1965 c 695 s 1; 1967 c 747 s 1; Ex1971 c 
 27 s 36; 1973 c 360 s 2; 1973 c 421 s 8; 1973 c 611 s 4; 1973 c 
 708 s 1-4,36; 1974 c 397 s 1,2,16; 1975 c 410 s 8; 1977 c 129 s 
 5; 1977 c 432 s 36,37; 1979 c 56 s 9; 1979 c 95 s 2; 1982 c 398 
 s 15-18; 1983 c 247 s 181; 1Sp1986 c 3 art 1 s 82; 1987 c 346 s 
 15; 1992 c 468 s 1; 1999 c 199 art 2 s 26,27; 2003 c 2 art 2 s 
 13 

     488A.185 Place of holding court. 

    The county of Ramsey shall provide suitable quarters, as 
 determined by the court, for the holding of regular terms of 
 court at one centrally located site outside the city of Saint 
 Paul and within the county of Ramsey.  

    HIST: 1987 c 145 s 1; 1992 c 468 s 2 

     488A.19 Judges. 

    Subdivision 1.    Number of judges.  There are 11 
 judges of the municipal court of the county of Ramsey. 

    Subd. 2. Repealed, 1993 c 318 art 2 s 51 

    Subd. 3.    Term; vacancies; appointments and election.  
  (a) Each elected judge holds office for six years beginning 
 the first Monday in January next succeeding the judge's election.

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

    (c) At the general election immediately preceding the 
 expiration of an elected judge's term the qualified voters of 
 the county of Ramsey shall elect a successor.  

    (d) Each judge holds a separate nonpartisan office. 

    (e) When one or more judges of the court are to be 
 nominated or elected at an election, the notice of election 
 shall state the name of each judge whose successor is to be 
 nominated or elected.  The official ballot shall contain the 
 names of all candidates for each such office, state the number 
 of judges to be elected and the number of candidates for whom an 
 elector may vote, and designate each candidacy as "For the 
 office of Judge of the Municipal Court of the county of Ramsey 
 to which .......(Name of Judge)....... was elected for the 
 regular term," or "For the office of Judge of the Municipal 
 Court of the county of Ramsey to which .......(Name of 
 Judge)....... was appointed," as the case may be.  The official 
 ballots shall show in the spaces for the purpose the name of the 
 judge whose successor is to be elected.  When any judge is a 
 candidate again, the word "incumbent" shall be printed after the 
 judge's name where it appears among the names of the candidates 
 for the office. When voting machines are used and such 
 statements cannot be inserted in full, the designation shall be 
 "Successor to .......(Name of Judge) ...... (elected)," or 
 "Successor to .......(Name of Judge)....... (appointed)," as the 
 case may be. 

    (f) Each person desiring to have the person's name placed 
 upon the primary ballot as a candidate for judge shall state in 
 an affidavit of candidacy the office of the particular judge for 
 which the person is a candidate.  The filing of this affidavit 
 with the county auditor and a compliance with all other 
 requirements constitutes such person a candidate for that 
 office, and for that office only.  No person shall at any 
 election be a candidate for more than one such office. 

    Subd. 4.  Repealed, 1973 c 708 s 37 

    Subd. 5.    Powers.  The judges have the general powers 
 of judges of courts of record and all powers necessary to 
 effectuate the purposes of sections 488A.18 to 488A.34.  Each 
 judge may administer oaths and take and certify 
 acknowledgments.  Each judge is a conservator of the peace and 
 has all powers and authority vested in it by statute or court 
 rule. 

    Subd. 6.    Contempt of court.  Any judge has the power 
 to punish for contempt of court by a fine not exceeding $300 or 
 by imprisonment in the county jail or city workhouse not 
 exceeding 90 days, or both. 

    Subd. 7.    Court rules.  A majority of the judges may 
 promulgate rules of court consistent with this act.  Unless the 
 rule forbids, a judge may waive its application. 

    Subd. 8.  Repealed, 1977 c 432 s 49 

    Subd. 9.  Repealed, 1977 c 432 s 49 

    Subd. 10.    Salaries.  Each judge shall be paid by the 
 state an annual salary in the amount prescribed by section 
 15A.083.  If a judge dies, the amount of the judge's salary 
 remaining unpaid for the month in which the death occurs shall 
 be paid to the judge's estate.  Each judge shall be paid 
 expenses by the state in the same manner and amount as provided 
 for judges of the district court in section 484.54. 

    HIST: 1961 c 436 s 2; 1963 c 736 s 1; 1963 c 878 s 1; 1965 c 
 695 s 2; 1967 c 747 s 2,3; 1969 c 729 s 1,2; Ex1971 c 4 s 3; 
 Ex1971 c 30 s 1; 1973 c 708 s 5-7; 1974 c 397 s 17-19; 1977 c 35 
 s 17; 1977 c 432 s 38; 1983 c 359 s 71; 1986 c 444 

     488A.20 Administrator; other employees. 

    Subdivision 1.    Appointment, term, removal, suspension.  
  (a) A majority of the judges shall appoint an administrator 
 of the court.  

    (b) The court shall have employees, consisting of those 
 persons employed in the municipal courts of the cities of New 
 Brighton, Roseville, Maplewood, North Saint Paul, White Bear 
 Lake and Saint Paul, as of December 31, 1974.  

    (c) Additional employees may be appointed by the 
 administrator with the approval of the majority of the judges 
 when the county board consents to the creation of such new 
 positions.  

    (d) The administrator and other employees of the court, 
 exclusive of court reporters, shall each be appointed for a term 
 of six years from the date of appointment.  At any time within 
 six months from the date of initial appointment, each may be 
 removed and the appointment terminated, with or without cause 
 and without notice or hearing, by the appointing official or 
 officials.  At any time, each may be suspended by the appointing 
 official or officials without pay for a period not to exceed 30 
 days with or without cause pending a hearing for removal and 
 termination of appointment for cause before the appointing 
 official or officials.  

    (e) The administrator and all other employees of the court 
 shall be in the unclassified service of the county of Ramsey.  

    Subd. 2.    Oath, bond.  (a) The administrator and other 
 employees of the court shall each take and subscribe an oath to 
 support the Constitutions of the United States and the state of 
 Minnesota and to perform faithfully the duties of office.  

    (b) The administrator and other employees of the court may 
 not enter upon their official duties until their respective 
 appointment and oath are filed with the county auditor.  

    Subd. 3.    Powers and duties.  (a) The administrator 
 and other employees of the court may each administer oaths and 
 affirmations and take acknowledgments.  

    (b) The administrator shall delegate and supervise the work 
 of the other employees of the court.  The administrator shall 
 have all the powers and duties incident to the office of an 
 administrator of a court of record or necessary to carry out the 
 purposes of this act.  

    (c) The administrator shall make minutes, records and 
 indices of all proceedings; enter all orders, judgments or 
 sentences; issue all process; keep proper accounts; have custody 
 of all court records; and tax all costs and disbursements.  

    (d) In the performance of all duties, the administrator is 
 subject to the control and supervision of the judges.  

    Subd. 4.    Disposition of fines, fees and other money; 
 accounts.  (a) Except as otherwise provided herein and except 
 as otherwise provided by law, the administrator shall pay to the 
 Ramsey County treasurer all fines and penalties collected by the 
 administrator, all fees collected for administrator's services, 
 all sums forfeited to the court as hereinafter provided, and all 
 other money received by the administrator. 

    (b) The administrator of court shall for each fine or 
 penalty, provide the county treasurer with the name of the 
 municipality or other subdivision of government where the 
 offense was committed and the total amount of the fines or 
 penalties collected for each such municipality or other 
 subdivision of government. 

    (c) The state of Minnesota and any governmental subdivision 
 within the jurisdictional area of the municipal court herein 
 established may present cases for hearing before said municipal 
 court.  In the event the court takes jurisdiction of a 
 prosecution for the violation of a statute or ordinance by the 
 state or a governmental subdivision other than a city or town in 
 Ramsey county, all fines, penalties and forfeitures collected 
 shall be paid over to the county treasurer except where a 
 different disposition is provided by law, and the following fees 
 shall be taxed to the state or governmental subdivision other 
 than a city or town within Ramsey county which would be entitled 
 to payment of the fines, forfeitures or penalties in any case, 
 and shall be paid to the administrator of the court for 
 disposing of the matter.  The administrator shall deduct the 
 fees from any fine collected for the state of Minnesota or a 
 governmental subdivision other than a city or town within Ramsey 
 County and transmit the balance in accordance with the law, and 
 the deduction of the total of the fees each month from the total 
 of all the fines collected is hereby expressly made an 
 appropriation of funds for payment of the fees:  

    (1) In all cases where the defendant is brought into court 
 and pleads guilty and is sentenced, or the matter is otherwise 
 disposed of without a trial.....$5 

    (2) In arraignments where the defendant waives a 
 preliminary examination.....$10 

    (3) In all other cases where the defendant stands trial or 
 has a preliminary examination by the court.....$15 

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

    (d) At the beginning of the first day of any month, the 
 amount in the hands of the administrator which is owing to any 
 municipality or county shall not exceed $5,000. 

    (e) On or before the last day of each month, the county 
 treasurer shall pay over to the treasurer of the city of St. 
 Paul two-thirds and to the treasurer of each other municipality 
 or subdivision of government in Ramsey County one-half of all 
 fines or penalties collected during the previous month from 
 those imposed for offenses committed within the treasurer's 
 municipality or subdivision of government in violation of a 
 statute, an ordinance, charter provision, rule or regulation of 
 a city.  All other fines and forfeitures and all fees and costs 
 collected by the county municipal court shall be paid to the 
 treasurer of Ramsey County who shall dispense the same as 
 provided by law. 

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

    (g) The administrator may receive negotiable instruments in 
 payment of fines, penalties, fees, or other obligations as 
 conditional payments, and is not held accountable therefor but 
 if collection in cash is made and then only to the extent of the 
 net collection after deduction of the necessary expense of 
 collection. 

    Subd. 5.    Bail.  (a) Any bail deposited with the 
 administrator and not forfeited by court order shall be deemed 
 abandoned and forfeited if the person entitled to refund does 
 not file a written demand therefor within six months from the 
 date of entitlement to refund.  

    (b) All sums collected by bail, bond or recognizance 
 forfeited by court order or by abandonment shall be forthwith 
 paid by the administrator to the Ramsey county treasurer.  

    (c) Any judge may order any bail, bond, or recognizance 
 forfeited under this subdivision to be reinstated for cause and 
 the administrator shall then refund accordingly.  The Ramsey 
 County treasurer shall reimburse the administrator if the 
 administrator refunds the deposit upon such an order and obtains 
 a receipt to be used as a voucher.  

    Subd. 6.    Salaries.  The administrator and other 
 employees of the court shall be paid annual salaries pursuant to 
 a schedule adopted by a majority of judges of the court and 
 approved by the Ramsey County board of commissioners.  

    Subd. 7.    Destruction of records.  Files and records 
 of the court may be destroyed in accordance with law.  

    Subd. 8.    Revenues to general fund.  In a judicial 
 district under section 480.181, subdivision 1, paragraph (b), 
 the county's share of all fines, forfeitures, fees, and 
 statutory court costs must be paid to the commissioner of 
 finance for deposit in the state treasury and credited to the 
 general fund. 

    HIST: 1961 c 436 s 3; 1963 c 469 s 1; 1967 c 747 s 4; 1969 c 
 729 s 3-7; 1973 c 123 art 5 s 7; 1973 c 708 s 8-12,36; 1974 c 
 397 s 3-5,20,21,40; 1981 c 301 s 7; 1986 c 444; 1991 c 326 s 26; 
 1992 c 511 art 2 s 41; 1Sp2001 c 5 art 5 s 19; 2003 c 112 art 2 
 s 50 

     488A.21 Probation and regulated services.  

    Subdivision 1.    Department of court services.  The 
 Ramsey County Department of Court Services shall supply all 
 probation services for this court.  

    Subd. 2.    Psychiatric, psychological and medical 
 services.  The judges of this court shall be and are hereby 
 authorized to expend a sum not to exceed $10,000 in any one year 
 to secure such psychiatric, psychological and medical services 
 as shall be deemed advisable by said judges in making 
 disposition of such misdemeanants as shall come before the 
 court.  If the judges of this court so direct, the county board 
 shall appropriate whatever sums are necessary to secure such 
 services, not exceeding $10,000 in any one year.  

    HIST: 1961 c 436 s 4; 1973 c 708 s 13; 1974 c 397 s 22 

  488A.22 Repealed, 1989 c 335 art 3 s 57 subd 3 

     488A.23 Fees payable to the administrator. 

    Subdivision 1.    Fees in civil actions.  Except as 
 otherwise provided herein, the fees payable to the administrator 
 for services in civil actions shall be the same as those payable 
 to the court administrator of the district court, Second 
 Judicial District, for like services, exclusive of library 
 fees.  The fees payable to the administrator for all other 
 services performed by the administrator or the court shall be 
 fixed by rules promulgated by a majority of the judges.  

    Subd. 2.  Repealed, 1973 c 708 s 37 

    Subd. 3.  Repealed, 1974 c 397 s 41 

    Subd. 4.  Repealed, 1974 c 397 s 41 

    Subd. 5.    Fees in advance.  All fees payable to the 
 administrator shall be paid in advance.  

    Subd. 6.    Exemptions from fees; no trial fees.  No 
 filing fees, trial fees or fees for other services are payable 
 by the county.  

    HIST: 1961 c 436 s 6; 1967 c 747 s 5-7; 1969 c 729 s 9; 1973 c 
 708 s 36; 1974 c 397 s 23; 1981 c 301 s 8; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82 

     488A.24 Petit jurors.  

    Subdivision 1.    Selection; list.  Before the first 
 day of June in each year, the judges shall select from the 
 electors of the county of Ramsey a list of persons properly 
 qualified to serve as petit jurors and certify the list to the 
 administrator of this court.  If there be a deficiency of 
 persons on the list, the judges may select from the electors of 
 the county of Ramsey additional persons to cover the deficiency 
 and certify and deliver to the administrator a supplementary 
 list which shall thereafter stand as part of the original list.  
 The validity of the selection is not affected by the fact that 
 any person is disqualified from serving as a juror.  

    Subd. 2.    Summoning.  Petit jurors shall be drawn 
 from such list and summoned as the judges direct.  The 
 administrator shall issue venires for the jurors drawn which 
 shall be returnable on such dates and hours as the judges 
 direct, and such venires shall be served by the sheriff of 
 Ramsey County as jurors are served in the district court of 
 Ramsey County.  

    Subd. 3.    Failure to attend.  Failure to attend as a 
 juror when duly drawn and summoned is punishable as contempt of 
 court.  

    Subd. 4.    Special venire.  When necessary, the court 
 may issue a special venire.  

    Subd. 5.    Compensation.  Any juror so summoned, 
 attending as aforesaid and accepted as a juror in this court, 
 shall be entitled to receive as compensation the same amount as 
 jurors in the district court, which shall be paid out of the 
 county treasury of the county of Ramsey.  The administrator of 
 this court shall deliver to each juror a certificate showing the 
 number of days in attendance and the mileage for which the juror 
 is entitled to receive compensation.  This certificate of the 
 administrator shall be filed with the county auditor, who shall 
 issue a warrant on the treasurer of the county for the amount 
 due, which certificate shall be a proper and sufficient voucher 
 for the issuance of such warrant.  

    Subd. 6.    Court rule on selection.  (a) If a court 
 rule so providing is adopted by a majority of the judges of said 
 district court and also by a majority of the judges of the 
 municipal court, all petit jurors to serve in the municipal 
 court of the county of Ramsey may be selected from the petit 
 jurors summoned for jury service by the district court of Ramsey 
 county.  

    (b) The rule may provide the manner in which jurors for the 
 municipal court shall be selected from the jurors summoned by 
 the district court and the period of time during which they 
 shall serve in municipal court.  

    (c) The rule may be amended by a majority of the judges of 
 the district court and a majority of the judges of the municipal 
 court.  It may be rescinded entirely at any time by a majority 
 of the judges of either court.  

    (d) The rule may be made effective on any date and shall 
 then supersede any jury list for municipal court theretofore in 
 effect.  If the rule be rescinded, the judges of the municipal 
 court may reinstate any jury list drawn for that year by the 
 judges of municipal court or prepare a new jury list.  

    (e) The petit jurors summoned for service in both courts 
 shall have the same qualifications and shall be selected by the 
 district court under the same procedure as is now provided by 
 law for selecting jurors for service in the district court.  

    (f) Jurors shall report to and be excused, governed, 
 instructed, and controlled by a judge of either the district 
 court or the municipal court as provided in the court rule.  

    HIST: 1961 c 436 s 7; 1967 c 471 s 1,2; 1973 c 708 s 16,36; 
 1986 c 444 

     488A.25 Misdemeanor violations bureaus. 

    Subdivision 1.    Establishment.  Misdemeanor violations 
 bureaus shall be established within those municipalities in 
 which court sessions are conducted and at such additional places 
 as a majority of the judges of the court establish consistent 
 with rule 23 of the Rules of Criminal Procedure.  

    Subd. 2.    Supervision.  The court shall supervise and 
 the administrator shall operate the misdemeanor violations 
 bureaus in accordance with rule 23 of the Rules of Criminal 
 Procedure.  The administrator shall assign a sufficient number 
 of employees to staff and operate the bureaus. 

    Subd. 3.    Administrator.  The administrator shall 
 perform the duties relating to misdemeanor violations bureaus 
 authorized to be performed by the court administrator pursuant 
 to rule 23 of the Rules of Criminal Procedure. 

    HIST: 1961 c 436 s 8; 1973 c 708 s 17,18,36; 1979 c 233 s 20; 
 1Sp1986 c 3 art 1 s 82 

     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 

     488A.27 Pleading, practice, procedure, and forms in 
  criminal proceedings. 

    Subdivision 1.    General.  Except as otherwise provided 
 in this chapter but subject to the provisions of section 
 480.059, pleading, practice, procedure and forms in actions or 
 proceedings charging violation of a statute, ordinance, charter 
 provision or rule shall be governed by the Rules of Criminal 
 Procedure. 

    Subd. 2.    Court rules.  A majority of the judges may 
 adopt rules governing pleading, practice, procedure and forms in 
 actions or proceedings charging violation of a statute, 
 ordinance, charter provision or rule.  The rules shall be 
 consistent with the Rules of Criminal Procedure, the provisions 
 of this chapter and any other statute of this state. 

    Subd. 3.    Complaints.  Complaints charging violation 
 of a statute, ordinance, charter provision, or rule shall be 
 governed by rule 2 of the Rules of Criminal Procedure.  The 
 administrator or other employees of the court shall perform the 
 duties relating to complaints authorized to be performed by the 
 court administrator or deputy court administrator pursuant to 
 rule 2 of the Rules of Criminal Procedure. 

    Subd. 4.    Tab charges.  Tab charges are governed by 
 rule 4 of the Rules of Criminal Procedure.  The administrator 
 shall perform the duties relating to tab charges authorized to 
 be performed by the court administrator pursuant to rule 4 of 
 the Rules of Criminal Procedure. 

    Subd. 5.    Pleas.  Pleas are governed by rule 14 of the 
 Rules of Criminal Procedure.  The administrator shall perform 
 the duties relating to pleas authorized to be performed by the 
 court administrator pursuant to rule 14.03 of the Rules of 
 Criminal Procedure.  

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

    Subd. 7.    Process.  All warrants and other criminal 
 process may be issued by any judge of the court. Provided, 
 however, the administrator or other employees of the court may 
 also perform such duties when the offense alleged to have been 
 committed is a violation of a petty misdemeanor law of this 
 state or of a municipal ordinance which is punishable, upon 
 conviction, by a sentence to the payment of a fine only. 

    Subd. 8.    Suspension, alteration or modification of 
 sentences.  At the time of imposing sentence, or at any time 
 thereafter, the sentencing judge, or any other judge if the 
 sentencing judge is not available, may suspend, alter or modify 
 the sentence imposed, upon such terms and conditions as such 
 judge deems appropriate. 

    Subd. 9. Repealed, 1979 c 233 s 42 

    Subd. 10.    Minutes of preliminary hearings.  The 
 administrator shall keep minutes of preliminary hearings on 
 indictable offenses and make proper return to the court before 
 which the person charged with the offense may be bound to appear.

    Subd. 11.    Prosecuting attorneys.  Except where the 
 county attorney is specifically designated by law as the 
 prosecutor for the particular violation charged, the attorney of 
 the municipality in which the violation is alleged to have 
 occurred shall have charge of the prosecution of all violations 
 of statutes, including gross misdemeanor violations, ordinances, 
 charter provisions or rules triable in this court and shall 
 prepare complaints for the violations. 

    Subd. 12.    Peace officers.  The sheriff, with the 
 approval of a majority of the judges, shall assign to the court 
 a sufficient number of deputy sheriffs, who shall act as 
 bailiffs of the court.  A bailiff shall be in attendance at all 
 sessions of the court involving traffic or criminal matters and 
 at such other times and places as the court may direct.  The 
 county board may, with the approval of a majority of the judges, 
 contract with any municipality upon such terms as may be agreed 
 upon for the services of police officers of the municipality to 
 act as bailiffs at all sessions of the court in the 
 municipality.  Said officers shall obey the mandates of the 
 court and preserve order during said proceedings. 

    Subd. 13.    Service of process.  All process in 
 criminal matters and in matters where a charge is brought of 
 violation of an ordinance shall be served by the police or peace 
 officers of the municipality in which the violation is alleged 
 to have occurred or by the sheriff of Ramsey County as the court 
 designates. 

    HIST: 1961 c 436 s 10; 1967 c 747 s 8; 1969 c 729 s 10; Ex1971 
 c 27 s 37-39; Ex1971 c 30 s 2; 1973 c 708 s 19-22,36; 1974 c 397 
 s 28,29; 1976 c 166 s 7; 1977 c 432 s 39,40; 1979 c 233 s 9-13; 
 1982 c 592 s 1; 1985 c 248 s 70; 1986 c 444; 1Sp1986 c 3 art 1 s 
 82 

     488A.28 Eviction actions. 

    Subdivision 1.    Procedure.  The general laws 
 applicable to eviction actions shall apply to this court, and 
 the forms as prescribed in the general laws may be used with 
 such appropriate modifications as may be necessary for this 
 court.  

    Subd. 2.    Return days.  Return days for eviction 
 actions may be fixed by rules promulgated by a majority of the 
 judges.  

    Subd. 3.    Default judgments.  Whenever a duly verified 
 complaint in an eviction action shows one of the causes of 
 action as set forth by general statute, and on the return day of 
 the summons the defendant does not appear, the judge, upon proof 
 of the due service of the summons, shall enter an order 
 adjudging the defendant to be in default, and thereafter the 
 administrator shall enter judgment for the plaintiff without the 
 introduction of evidence.  

    Subd. 4.    Trials.  Eviction actions, which are 
 contested, shall be given precedence over all other civil 
 matters in trial settings.  

    HIST: 1961 c 436 s 11; 1973 c 708 s 23,36; 2003 c 2 art 2 s 14 

  488A.281 Repealed, 1989 c 335 art 3 s 57 subd 3 

     488A.282 Courts abolished. 

    All courts in Ramsey County, except the supreme, district 
 and probate courts, are abolished as of the effective date of 
 Laws 1973, chapter 708.  The municipal court of the city of 
 Saint Paul is merged into the municipal court of the county of 
 Ramsey as hereinafter provided, as of the effective date of Laws 
 1973, chapter 708. 

    HIST: 1973 c 708 s 31; 1979 c 41 s 6 

  488A.283 Repealed, 1983 c 359 s 151 

  488A.284 Repealed, 1983 c 359 s 151 

     488A.285 Transfer of employees. 

    Subdivision 1.    Transfer.  Notwithstanding any other provision 
 of law 
 to the contrary, and except as may otherwise be provided in Laws 
 1973, chapter 708, all employees of the municipal courts in the 
 cities of New Brighton, Roseville, Maplewood, North Saint Paul, 
 White Bear Lake and Saint Paul on January 1, 1975 shall become 
 the employees of the Municipal Court of Ramsey County, and the 
 salary of any employees shall not be reduced by virtue of Laws 
 1974, chapter 397. 

    Subd. 2.    Benefit credit.  Any person employed by the 
 municipal courts in 
 the cities of New Brighton, Roseville, Maplewood, North Saint 
 Paul, White Bear Lake and Saint Paul on January 1, 1975 shall be 
 entitled to and be given credit for all benefits heretofore 
 accrued to the person as an employee of a municipal court. 

    HIST: 1973 c 708 s 34; 1974 c 397 s 9,10; 1981 c 224 s 218 

     488A.286 Initial judges of the court.  

    The judges of the municipal courts in the cities of New 
 Brighton, Roseville, Maplewood, North Saint Paul, White Bear 
 Lake and Saint Paul as of January 1, 1975, shall continue as 
 judges of the municipal court of the county of Ramsey.  In the 
 event a vacancy exists in the office of judge in any such 
 municipalities or that any such judges are unable or unwilling 
 on said date to serve as a judge of the Municipal Court of 
 Ramsey County, the governor shall appoint, in the manner 
 provided by law, a qualified person to fill such vacancy or 
 replace such judges.  The original term of office of each of 
 such judges as a judge of the municipal court of the county of 
 Ramsey shall expire on the day before the first Monday in 
 January of the odd-numbered year following the year in which the 
 term of each of such judges of municipal courts of the 
 aforementioned municipalities would otherwise have expired.  

    HIST: 1973 c 708 s 35; 1974 c 397 s 11 

     488A.287 Powers to effectuate.  

    The judges of the municipal courts in the cities of New 
 Brighton, Roseville, Maplewood, North Saint Paul, White Bear 
 Lake, and Saint Paul shall be empowered to do all things 
 necessary to effectuate the provisions of Laws 1973, chapter 708.

    HIST: 1974 c 397 s 39 

  488A.29 Repealed, 1993 c 321 s 7 

  488A.30 Repealed, 1993 c 321 s 7 

  488A.31 Repealed, 1993 c 321 s 7 

  488A.32 Repealed, 1993 c 321 s 7 

  488A.33 Repealed, 1993 c 321 s 7 

  488A.34 Repealed, 1993 c 321 s 7 

  488A.35 Repealed, 1973 c 679 s 38 

  488A.36 Repealed, 1973 c 679 s 38 

  488A.37 Repealed, 1973 c 679 s 38 

  488A.38 Repealed, 1973 c 679 s 38 

  488A.39 Repealed, 1973 c 679 s 38 

  488A.40 Repealed, 1973 c 679 s 38 

  488A.41 Repealed, 1973 c 679 s 38 

  488A.42 Repealed, 1973 c 679 s 38 

  488A.43 Repealed, 1973 c 679 s 38 

  488A.44 Repealed, 1973 c 679 s 38 

  488A.45 Repealed, 1973 c 679 s 38 

  488A.46 Repealed, 1973 c 679 s 38 

  488A.47 Repealed, 1973 c 679 s 38 

  488A.48 Repealed, 1973 c 679 s 38 

  488A.49 Repealed, 1973 c 679 s 38 

  488A.50 Repealed, 1973 c 679 s 38 

  488A.51 Repealed, 1973 c 679 s 38 

  488A.52 Repealed, 1973 c 679 s 38 

  488A.53 Repealed, 1973 c 679 s 38 

  488A.54 Repealed, 1973 c 679 s 38 

  488A.55 Repealed, 1973 c 679 s 38 

  488A.56 Repealed, 1973 c 679 s 38 

  488A.57 Repealed, 1973 c 679 s 38 

  488A.58 Repealed, 1973 c 679 s 38 

  488A.59 Repealed, 1973 c 679 s 38 

  488A.60 Repealed, 1973 c 679 s 38 

  488A.61 Repealed, 1973 c 679 s 38 

  488A.62 Repealed, 1973 c 679 s 38 

  488A.63 Repealed, 1973 c 679 s 38 

  488A.64 Repealed, 1973 c 679 s 38 

  488A.65 Repealed, 1973 c 679 s 38 

  488A.66 Repealed, 1973 c 679 s 38 

  488A.67 Repealed, 1973 c 679 s 38 

  488A.68 Repealed, 1973 c 679 s 38 

  488A.69 Repealed, 1973 c 679 s 38 

  488A.70 Repealed, 1973 c 679 s 38 

  488A.71 Repealed, 1973 c 679 s 38 

  488A.72 Repealed, 1973 c 679 s 38 

  488A.73 Repealed, 1973 c 679 s 38 

  488A.74 Repealed, 1973 c 679 s 38 

  488A.75 Repealed, 1973 c 679 s 38 

  488A.76 Repealed, 1973 c 679 s 38 

  488A.77 Repealed, 1973 c 679 s 38 

  488A.78 Repealed, 1973 c 679 s 38 

  488A.79 Repealed, 1973 c 679 s 38 

  488A.80 Repealed, 1973 c 679 s 38 

  488A.81 Repealed, 1973 c 679 s 38