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Minnesota Legislature

Office of the Revisor of Statutes

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relating to pleading, practice, and procedure in civil actions shall be effective as rules of court until modified or superseded by a rule hereafter adopted by the supreme court of this state and upon the adoption hereafter of any rule on the same subject by the supreme court, the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