1998 Minnesota Statutes

     566.09 Judgment; fine; execution. 

    Subdivision 1.    General.  If the court or jury finds 
 for the plaintiff, the court shall immediately enter judgment 
 that the plaintiff have restitution of the premises and tax the 
 costs for the plaintiff.  The court shall issue execution in 
 favor of the plaintiff for the costs and also immediately issue 
 a writ of restitution.  The court shall give priority in issuing 
 a writ of restitution for any unlawful detainer brought under 
 section 504.181 or on the basis that the tenant is causing a 
 nuisance or seriously endangers the safety of other residents, 
 their property, or the landlord's property.  Except in actions 
 brought under (1) section 566.02 as required by section 
 609.5317, subdivision 1, (2) under section 504.181, or (3) on 
 the basis that the tenant is causing a nuisance or seriously 
 endangers the safety of other residents, their property, or the 
 landlord's property, upon a showing by the defendant that 
 immediate restitution of the premises would work a substantial 
 hardship upon the defendant or the defendant's family, the court 
 shall stay the writ of restitution for a reasonable period, not 
 to exceed seven days.  If the court or jury finds for the 
 defendant, the court shall enter judgment for the defendant, tax 
 the costs against the plaintiff, and issue execution therefor. 

    Subd. 2.    Real property; seizures.  If the court 
 enters judgment for the plaintiff in an action brought under 
 section 566.02 as required by section 609.5317, subdivision 1, 
 the court may not stay issuance of the writ of restitution 
 unless the court makes written findings specifying the 
 extraordinary and exigent circumstances that warrant staying the 
 writ for a reasonable period, not to exceed seven days. 

    HIST: (9155) RL s 4044; 1973 c 611 s 10; 1976 c 123 s 2; 1981 
 c 168 s 5; 1986 c 444; 1991 c 193 s 2; 1994 c 502 s 6 

*   NOTE:  This section is repealed by Laws 1998, chapter 253, 
*section 80, effective July 1, 1999.  Laws 1998, chapter 253, 
*section 81.