2004 Minnesota Statutes

     488A.01 Establishment; jurisdiction; powers; appeals. 

    Subdivision 1.    Establishment.  There is hereby 
 created a municipal court of Hennepin County with the 
 jurisdiction and powers hereinafter stated. 

    Subd. 2.    Court of record.  The court is a court of 
 record with a court administrator and a seal. 

    Subd. 3.    Powers of court.  Except as otherwise 
 provided in this act, the court has all the powers of the 
 district courts of this state.  It may issue all civil and 
 criminal process necessary or proper to enforce and effectuate 
 its jurisdiction and determinations. 

    Subd. 4.    Civil jurisdiction.  Excepting causes 
 involving title to real estate, the court has jurisdiction to 
 hear, try and determine civil actions at law in which the amount 
 in controversy does not exceed $15,000, exclusive of interest 
 and costs. 

    Subd. 4a.    Jurisdiction.  Notwithstanding the 
 provisions of subdivision 2 or 8 or any court rule to the 
 contrary, the municipal court of Hennepin County has 
 jurisdiction to determine an action brought pursuant to section 
 504B.178 for the recovery of a deposit on rental property 
 located in Hennepin county, and the summons in the action may be 
 served anywhere in the state of Minnesota. 

    Subd. 5.    Eviction or unlawful removal or exclusion.  
 Whether or not the title to real estate is involved, the court 
 has jurisdiction of actions of eviction or actions for unlawful 
 removal or exclusion pursuant to section 504B.375, involving 
 land located wholly or in part within Hennepin County and, 
 notwithstanding any provision of subdivision 7 to the contrary, 
 of actions seeking relief for code violations pursuant to 
 sections 504B.185 and 504B.381 to 504B.471 involving premises 
 located wholly or partly within Hennepin County. 

    Subd. 6.    Criminal jurisdiction.  The court has 
 jurisdiction to hear, try and determine any charge of violation 
 of: 

    (1) a criminal law of this state constituting a misdemeanor 
 or gross misdemeanor committed within the county of Hennepin 
 including all of the city of St. Anthony; 

    (2) any ordinance, charter provision, rule or regulation of 
 any subdivision of government in the county of Hennepin, 
 including all of the city of St. Anthony; or 

    (3) any ordinance, charter provision, rule or regulation of 
 the Minneapolis-St. Paul metropolitan airports commission. 

    Subd. 7.    Exceptions to jurisdiction.  The court does 
 not have jurisdiction: 

    (a) of any action where the relief asked for in the 
 complaint is purely equitable in its nature; 

    (b) of an action for divorce; 

    (c) to issue a writ of habeas corpus, quo warranto, ne 
 exeat, mandamus, prohibition or injunction; nor 

    (d) to issue any order in proceedings supplementary to 
 execution. 

    Subd. 8.    Service.  All civil and criminal process and 
 orders may be served and enforced anywhere within the state of 
 Minnesota. 

    Subd. 9.    Place of holding court.  (a) The municipal 
 building commission, or the county of Hennepin, or both, shall 
 provide suitable quarters for the holding of regular terms of 
 court in Minneapolis, Bloomington, and at such other northern 
 and western suburban locations dispersed throughout the county 
 as may be designated by a majority of the judges of the court.  
 At the locations of holding regular terms of court established 
 pursuant to this clause, all functions of the court may be 
 discharged, including both court and jury trials of civil and 
 criminal matters.  Nothing in this subdivision shall be 
 construed in such a way as to reduce the level of services to 
 the suburban and rural citizens of Hennepin county. 

    (b) In addition to the regular locations of holding court 
 set forth in clause (a), trials of traffic and criminal 
 violations before the court without jury shall be held in such 
 locations as may be designated by a majority of the judges of 
 the court.  Provided, however, that those municipalities which 
 are holding court without jury but which are not holding regular 
 terms of court upon August 1, 1978 may require the continuance 
 of such services by resolution to the county board within 30 
 days following August 1, 1978.  The county of Hennepin shall 
 provide suitable quarters for the holding of court in such 
 locations as may be designated under this clause. 

    Subd. 10.    Continuous terms.  The court shall be open 
 every day, except Sundays and legal holidays.  The term of the 
 court shall be continuous. 

    Subd. 11.  Repealed, 1977 c 432 s 49 

    Subd. 12.    Trial of civil actions.  (a) All civil 
 actions brought in the municipal court of Hennepin county shall 
 be tried at the place of holding court specified in writing on 
 the summons issued therein.  If no place of trial is specified 
 on the summons by the plaintiff or plaintiffs, the action shall 
 be tried at the Hennepin county courthouse. 

    (b) A defendant residing in Hennepin county outside of the 
 city of Minneapolis and the city of St. Anthony may change the 
 place of trial of a civil action to the place of holding court 
 set forth in subdivision 9, which is nearest the municipality of 
 the defendant's residence in the manner provided herein.  A 
 defendant residing in Hennepin county within the city of 
 Minneapolis or the city of St. Anthony may change the place of 
 trial of a civil action to the city of Minneapolis in the same 
 manner.  If there are several defendants residing in different 
 municipalities or in the city of Minneapolis or the city of St. 
 Anthony, the trial shall be held in the city of Minneapolis or 
 in the place of holding court set forth in subdivision 9, upon 
 which a majority of them shall unite in demanding or, if the 
 number be equal, at the city of Minneapolis or in the place of 
 holding court set forth in subdivision 9, which place of holding 
 court is nearest to the place where such action would have been 
 tried in the absence of such demand. 

    (c) If the place of court determined by the summons is not 
 the place of residence of the defendant or defendants, the 
 action may notwithstanding be tried therein unless, within 20 
 days after the summons is served, the defendant demands in 
 writing that it be tried in the proper place of holding court.  
 This demand shall be accompanied by the affidavit of the 
 defendant, or the defendant's agent or attorney, setting forth 
 the municipality of defendant's residence at the time of the 
 commencement of the action.  This demand and affidavit, with 
 proof of service thereof upon the plaintiff's attorney, shall be 
 filed with the court administrator within 30 days from the date 
 of its service and thereupon the place of trial shall be changed 
 to the proper place of holding court without any other 
 proceedings. 

    When the place of trial is changed all other proceedings 
 shall be had in the place to which the change is made, unless 
 otherwise provided by consent of the parties filed with the 
 court administrator or by order of the court. 

    (d) For the purpose of determining the place of residence 
 of a domestic corporation, such corporation shall be considered 
 as residing at any place where it has an office, resident agent 
 or business place. 

    (e) If none of the parties shall reside or be found in the 
 county of Hennepin or the defendant be a foreign corporation, 
 the action may be tried at any place of holding court designated 
 in the summons. 

    (f) The provisions of this subdivision shall be subject to 
 the provisions of subdivision 9. 

    Subd. 13.    Trial of criminal actions.  All charges of 
 traffic and ordinance violations shall be tried in the 
 municipality where the alleged violation occurred subject to 
 provisions of subdivision 9.  If there is no designated place of 
 holding court as provided in subdivision 9 in such municipality, 
 the alleged violation shall be tried in the municipality 
 designated by rule of the court. 

    Subd. 14.    Appeals.  Appeals from the county municipal 
 court to the Court of Appeals shall be subject to the Rules of 
 Appellate Procedure. 

    Subd. 15.    Removal to district court.  Whenever a 
 counterclaim in excess of $6,000 is asserted, an equitable 
 defense interposed, or it shall otherwise appear that the court 
 is without jurisdiction in a cause pending therein, the fact 
 shall be recorded, and the court administrator of municipal 
 court shall transmit to the court administrator of the district 
 court a certified transcript of the record and all papers filed 
 in the case.  Thereafter the cause shall proceed to judgment in 
 the district court as if it had there been commenced, and the 
 costs shall abide the event.  

    HIST: 1955 c 215 s 1; 1957 c 357 s 1; 1963 c 877 s 1-6,52; 
 1965 c 339 s 1; 1965 c 858 s 1-4; Ex1967 c 50 s 1; 1973 c 123 
 art 5 s 7; 1973 c 360 s 1; 1973 c 611 s 3; 1975 c 410 s 7; 1976 
 c 239 s 120; 1977 c 129 s 3; 1977 c 432 s 29,30; 1978 c 784 s 1; 
 1979 c 56 s 8; 1979 c 95 s 1; 1982 c 398 s 10-12; 1983 c 247 s 
 179; 1984 c 655 s 80; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 
 346 s 14; 1999 c 199 art 2 s 23,24; 2003 c 2 art 2 s 7