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Minnesota Legislature

Office of the Revisor of Statutes

487.23 Pleading, practice, procedure and forms in civil actions.

Subdivision 1. General. Pleading, practice, procedure and forms in civil actions shall be governed by Rules of Civil Procedure for county courts which shall be adopted by the Supreme Court. Until the rules become effective, such matters are governed by the rules for municipal courts and rules promulgated from time to time by the supreme court or by the statutes governing the district court insofar as the rules promulgated by the supreme court do not contain any applicable provision. The provisions of sections 487.01 to 487.38 relating to pleading, practice, and procedure in civil actions shall be effective as rules of court until modified or superseded by the rules hereafter adopted by the Supreme Court. Rules or statutory provisions modified or superseded by the Rules of Civil Procedure for county courts adopted by the Supreme Court shall be of no effect in any county court from and after the effective date of said adopted rules.

Subd. 1a. Conciliation court forms. The Supreme Court shall prescribe by rule forms for use in all the conciliation courts of the state. The forms prescribed shall be uniform so that forms supplied by one conciliation court may be used in any other conciliation court of the state.

Subd. 2. Court rules. The court may adopt rules governing pleading, practice, procedure, and forms for civil actions which are not inconsistent with the provisions of sections 487.01 to 487.38, the rules for county courts promulgated by the Supreme Court, or governing statutes.

Subd. 3. Notes of issue; demand for jury trial; waiver of jury trial. (a) A party desiring to place a civil 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, 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, the party shall serve a demand for trial by a jury 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) If a jury is not demanded at the time and in the manner provided in sections 487.01 to 487.38, all parties waive trial by jury. 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 and rules promulgated by the Supreme Court from time to time for county courts.

Subd. 4. Five-sixths verdict. In all civil cases, 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 administrator's records.

Subd. 5. Costs allowable. In all civil actions, costs and disbursements allowed in county court shall be the same as is provided for costs and disbursements in like actions in the district court.

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 that 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) make amended findings of fact and conclusions of law and direct entry of an amended 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 party's legal representative from a final judgment, order or other proceeding.

Subd. 7. Repealed, 1973 c 679 s 38

Subd. 7a. Lien of judgment. Every judgment of the county court requiring the payment of money shall be docketed by the court administrator of county court upon the entry thereof. From the time of such docketing the judgment shall be a lien, to the amount unpaid thereon, upon all real property in the county then or thereafter owned by the judgment debtor, except that no judgment rendered in conciliation court shall become a lien upon real estate until docketed in county court. Such judgment shall survive, and the lien thereof continue, for the period of ten years next after its entry, and no longer. No judgment, except for taxes, shall be docketed until the judgment creditor, or the creditor's agent or attorney, shall have filed with the court administrator an affidavit, stating the full name, occupation, place of residence, and post office address of the judgment debtor, to the best of affiant's information and belief; and, if such residence be within an incorporated place having more than 5,000 inhabitants, the street number of both the judgment debtor's place of residence and place of business, if the judgment debtor has one, shall be stated. If the court administrator shall violate this provision, neither the judgment nor the docketing thereof shall be invalid, but the court administrator shall be liable to any person damaged thereby in the sum of $5.

Subd. 7b. Obtaining and filing transcript. 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. If a transcript is given, the court administrator of the county court shall note that part on the record of the judgment and shall not thereafter issue a writ of execution of the same judgment.

Subd. 7c. Control of judgment by district court. Upon the filing and docketing of the certified transcript 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.

Subd. 7d. Outstanding writ of execution. The court administrator shall not issue a certified transcript while a writ of execution is outstanding on the 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 those 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 the debt, or as much of it as will satisfy the execution, to the officer holding the writ and the receipt of that officer reciting the facts when filed with the court administrator shall be sufficient authority for the court administrator to discharge or satisfy the debt or as much of the debt as is paid, which the court administrator shall do forthwith upon the filing of such receipts.

Subd. 10. Garnishment. Proceedings against garnishees may be instituted in the same manner as in the district courts of the state.

HIST: 1971 c 951 s 23; 1973 c 679 s 16-22; 1974 c 542 s 1; 1977 c 175 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 346 s 8-10