2005 Minnesota 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 rules of court until modified or superseded by a rule hereafter 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