2013 Minnesota Statutes

CHAPTER 485. DISTRICT COURT ADMINISTRATORS

485.01 APPOINTMENT; BOND; DUTIES.

A clerk of the district court for each county within the judicial district, who shall be known as the court administrator, shall be appointed by a majority of the district court judges in the district. An oath of office shall be recorded with the court administrator. The court administrator shall perform all duties assigned by law and by the rules of the court. The court administrator and all deputies must not practice as attorneys in the court in which they are employed.

The duties, functions, and responsibilities which have been and may be required by law or rule to be performed by the clerk of district court shall be performed by the court administrator.

History:

(191) RL s 106; 1925 c 337 s 1; 1973 c 524 s 9; 1974 c 322 s 7; 1976 c 181 s 2; 1977 c 347 s 61; 1977 c 432 s 18; 1985 c 273 s 1; 1986 c 317 s 3; 1986 c 444; 1998 c 254 art 2 s 58; 2005 c 4 s 116; 2006 c 260 art 5 s 40

485.011 [Repealed, 1969 c 1151 s 9]

485.012 [Repealed, 1969 c 1151 s 9]

485.013 [Repealed, 1969 c 1151 s 9]

485.014 [Repealed, 1969 c 1151 s 9]

485.015 [Repealed, 1974 c 322 s 26]

485.016 [Repealed, 1969 c 1151 s 9]

485.017 [Repealed, 1969 c 1151 s 9]

485.018 WITHHOLDING SALARY; COLLECTION OF FEES.

Subdivision 1.

[Repealed, 1999 c 60 s 3]

Subd. 2.

[Repealed, 2006 c 260 art 5 s 54]

Subd. 2a.Withholding salary.

Upon certification by the state court administrator that the court administrator of district court has failed to perform any of the duties assigned by law or by rule of court, the county board shall withhold the salary of the court administrator, and shall not pay the salary until receipt of notice from the state court administrator that the court administrator has performed the duties assigned by law or by rule of court.

Nothing in this subdivision shall be construed to prohibit the judges of the district court from removing a court administrator of district court from office.

Subd. 3.

[Repealed, 1975 c 301 s 16]

Subd. 4.

[Repealed, 1999 c 60 s 3]

Subd. 5.Collection of fees.

The court administrator of district court shall charge and collect all fees as prescribed by law and all such fees collected by the court administrator as court administrator of district court shall be paid to the Department of Management and Budget. Except for those portions of forfeited bail paid to victims pursuant to existing law, the court administrator shall forward all revenue from fees and forfeited bail collected under chapters 357, 487, and 574 to the commissioner of management and budget for deposit in the state treasury and credit to the general fund, unless otherwise provided in chapter 611A or other law, in the manner and at the times prescribed by the commissioner of management and budget, but not less often than once each month. If the defendant or probationer is located after forfeited bail proceeds have been forwarded to the commissioner of management and budget, the commissioner of management and budget shall reimburse the county, on request, for actual costs expended for extradition, transportation, or other costs necessary to return the defendant or probationer to the jurisdiction where the bail was posted, in an amount not more than the amount of forfeited bail. The court administrator of district court shall not retain any additional compensation, per diem or other emolument for services as court administrator of district court, but may receive and retain mileage and expense allowances as prescribed by law.

Subd. 6.

[Repealed, 2006 c 260 art 5 s 54]

Subd. 7.

[Repealed, 1990 c 571 s 49]

Subd. 8.

[Repealed, 2006 c 260 art 5 s 54]

History:

1965 c 822 s 6,7; 1967 c 388 s 6,7; 1969 c 1151 s 5,7; 1977 c 432 s 19; 1980 c 509 s 173; 1985 c 281 s 12; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 209 art 1 s 40; 1989 c 335 art 3 s 23,24; 1990 c 512 s 12; 1992 c 571 art 17 s 2; 1994 c 465 art 3 s 42; 1999 c 60 s 2; 1999 c 216 art 7 s 30,31; 1999 c 243 art 11 s 7; 2003 c 112 art 2 s 50; 2006 c 260 art 5 s 41; 2009 c 101 art 2 s 109

485.02 [Repealed, 1977 c 432 s 49]

485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT ADMINISTRATOR.

When money is paid into court pursuant to court order, the court administrator of district court, unless the court order specifies otherwise, may place such moneys with the Department of Management and Budget for investment, as provided by law. When such moneys are subsequently released, or otherwise treated, by court order, the same shall be immediately paid over by the county treasurer to the court administrator of district court who shall then fulfill the direction of the court order relative to such moneys.

History:

1969 c 836 s 1; 1980 c 509 s 174; 1Sp1986 c 3 art 1 s 82; 2006 c 260 art 5 s 42; 2009 c 101 art 2 s 109

485.03 [Repealed, 2006 c 260 art 5 s 54]

485.04 [Repealed, 1957 c 110 s 1]

485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.

In all counties in the state now or hereafter having a population of more than 150,000 and wherein regular terms of the district court are held in three or more places, the court administrator of the district court therein, by an instrument in writing, under the court administrator's hand and seal, and with the approval of the district judge of the judicial district in which said county is situated, or, if there be more than one such district judge, with the approval of a majority thereof, may appoint deputies for whose acts the court administrator shall be responsible, such deputies to hold office as such until they shall be removed therefrom, which removal shall not be made except with the approval of the district judge or judges. The appointment and oath of every such deputy shall be recorded with the court administrator.

History:

(193-4) 1935 c 179; 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2005 c 4 s 118; 2006 c 260 art 5 s 44

485.06 SEARCH OF RECORDS; CERTIFICATE; PUBLIC INSPECTION.

The court administrator, upon request of any person, shall make search of the books and records of the court administrator's office, and ascertain the existence, docketing, or satisfaction of any judgment or other lien, and certify the result of such search under the court administrator's hand and the seal of said court, giving the name of the party against whom any judgment or lien appears of record, the amount thereof, and the time of its entry; and, if satisfied of its satisfaction, and any other entries requested relative to such judgment. The court administrator's search will be a search for the exact match of the requested name. Nothing in this section shall prevent attorneys or others from having access to such books and records at all reasonable times, when no certificate is necessary or required.

History:

(194) RL s 109; 1907 c 203 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1994 c 636 art 8 s 9

485.07 RECORDS TO BE KEPT.

Every court administrator shall procure and keep the following records at the expense of the county:

(1) a register of actions, in which the court administrator shall enter the title of each action, whether originally commenced in the court administrator's court, or brought there by appeal or transcript of judgment from another court of the state or the United States, and a minute of each paper filed in the cause, and all proceedings in them;

(2) a judgment roll, for each judgment rendered;

(3) a docket, in which the court administrator enters alphabetically the name of each judgment debtor, the amount of the judgment, and the precise time of its entry;

(4) indexes, as described in section 485.08, and any other records as the court may direct.

History:

(195) RL s 110; 1969 c 472 s 1; 1981 c 121 s 1; 1983 c 359 s 68; 1986 c 444; 1Sp1986 c 3 art 1 s 82

485.08 INDEX TO COURT RECORDS.

Every court administrator shall keep a plaintiff's and defendant's index to court records, in which all cases shall be entered in alphabetical order under the name of each plaintiff and defendant. The index shall set forth the names of the parties, date commenced, file number of the case, and such other data as the court may direct.

History:

(196) RL s 111; 1969 c 472 s 2; 1Sp1986 c 3 art 1 s 82

485.09 [Repealed, 1977 c 199 s 1]

485.10 ENTRY OF UNREGISTERED CASES.

Every court administrator shall enter upon the proper registers all cases, civil and criminal, which, through a mistake, inadvertence, or neglect of the administrator's predecessor in office, have not been registered. The true date of the filings in such cases shall be entered in the registers, and the entries, when so made, shall have the same force and effect as if made by the court administrator at the proper time; provided, that, in docketing any judgment, the date thereof shall be the time when actually docketed, and the lien thereof shall attach only from such date.

History:

(198) RL s 113; 1986 c 444; 1Sp1986 c 3 art 1 s 82

485.11 PRINTED CALENDARS.

The court administrator of the district court in each of the several counties of this state shall provide calendars of the cases to be tried at the general terms thereof.

History:

(199) 1909 c 369 s 1; 1961 c 648 s 1; 1969 c 867 s 1; 1Sp1986 c 3 art 1 s 82; 2006 c 260 art 5 s 45

485.12 [Repealed, 2006 c 260 art 5 s 54]

485.13 DESTRUCTION OF FILES AND DOCUMENTS.

The court administrator of district court in all counties of this state is hereby authorized to destroy or otherwise dispose of the files, and all documents contained therein, in all cases which are more than ten years old, and which relate only to the following kinds of actions:

(a) uncontested garnishments;

(b) personal property tax judgments;

(c) transcripts of judgments from municipal courts;

(d) transcripts of judgment from other counties which pertain solely to money judgments.

Nothing herein contained shall relieve such court administrator of district court from maintaining the books and index records required under sections 485.07, 485.08, and 485.10, including the filing data, of any files, of which such disposal is made.

History:

1945 c 264 s 1,2; 1969 c 50 s 1; 1Sp1986 c 3 art 1 s 82

485.14 [Repealed, 2013 c 108 art 12 s 109]

485.15 LAND TITLE REGISTRATION DOCUMENTS, DISPOSAL.

Subdivision 1.Disposal.

The court administrator of district court in any county of this state is hereby authorized to destroy or otherwise dispose of the files, and all documents contained therein, in all cases which are more than ten years old, and which relate only to proceedings subsequent to original registration of land titles wherein there are no defendants.

Subd. 2.Maintenance of books and records.

Nothing herein contained shall relieve such court administrator of district court from maintaining the books and index records required under sections 485.07, 485.08, and 485.10, including the filing data, of any files, of which such disposal is made.

History:

1955 c 285 s 1,2; 1969 c 50 s 2; 1Sp1986 c 3 art 1 s 82

485.16 RECORD ALL ACTIONS FILED.

Subdivision 1.Records kept.

The court administrators of the district courts of the several counties shall keep a record of all actions and proceedings, civil and criminal, filed in the court, and shall furnish to the state appellate courts any information concerning the actions as is prescribed by rule of civil procedure.

Subd. 2.Criminal dispositions reported.

The court administrator of the district court shall report to the supreme court within 30 days after a judge pronounces sentence following a felony conviction. The report must include the sentence pronounced, whether imposition was stayed, and other information requested by the supreme court.

History:

1955 c 767 s 1; 1983 c 247 s 177; 1Sp1986 c 3 art 1 s 82; 1991 c 279 s 21

485.23 DESTRUCTION OF CERTAIN RECORDS.

Subdivision 1.Record destruction.

The court administrator of the district court in all counties is authorized to destroy, or otherwise dispose of, the following documents on file in their respective offices under the conditions herein specified:

(1) not less than ten years after filing:

(i) county board petit jury lists, order to draw petit jury, venire for petit jury, order appointing bailiffs, copies of certificates for per diem and mileage for jurors, witnesses, and bailiffs, and copies of court calendars;

(ii) delinquent personal property tax lists;

(iii) all warrants and citations of personal property tax delinquents in which judgment for such delinquent taxes has not been entered;

(iv) notice of election or appointment, and notice of qualification of city and township officers on file in the court administrator of district court office.

(2) not less than two years from the date thereof:

(i) copies of law library receipts;

(ii) copies of certificates for payment of local registrars of vital statistics;

(iii) affidavits or statements on application for certified copies of records for veterans purposes or for use by branches of military service;

(iv) affidavits and prescriptions filed with court administrator of district court as provided in Laws 1919, chapter 455;

(v) all copies of rules of state departments filed with the court administrator of district court.

(3) not less than one year after the final determination of any civil action, and with the order of approval of any judge of the respective district:

(i) all exhibits, except written instruments, X-ray negatives, maps, surveys, plats, and profiles in drainage proceedings or other actions or proceedings affecting real estate or the title thereto;

(ii) settled cases, including stipulations for and order settling such case.

Subd. 2.Affect of statute.

This section shall not affect any existing statute for destruction of files and documents in the court administrator of district court office in certain counties, or any special rule for destruction of records of the court administrator of district court office which may now be in effect or hereafter be adopted by the judge or judges of the respective judicial districts.

History:

1957 c 132 s 1,2; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1Sp1986 c 3 art 1 s 82

485.24 [Repealed, 1969 c 1151 s 9]

485.25 [Repealed, 1969 c 1151 s 9]

485.26 [Repealed, 1969 c 1151 s 9]

485.27 DUTIES; ASSIGNMENT.

The court administrator, with approval of the county board of commissioners, may transfer to the county board of commissioners duties of the court administrator relating to vital statistics under sections 144.211 to 144.227, to notaries public under section 359.061, to hospital liens under sections 514.69 and 514.70, and to marriage licenses under chapter 517. The county board of commissioners shall assign these duties to the appropriate county department. In the event of full state funding of the court administrator's offices in a judicial district, the functions shall become county functions in that judicial district.

History:

1990 c 484 s 1; 1999 c 216 art 7 s 33