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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