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242999 . . ORIGINAL TO CITY CL6RK ' ` ' CITY OF ST. PAUL �LENCIL NO. OFFICE OF THE CITY CLERK OUNCIL OL TION—GENERAL FORM PRESENTED BY COMMISSIONE DATF RESOLVED! That the Council of the City of Saint Paul hereby approves : '�A bill for an act relating to the municipal and conciliation courts of Saint Paul ; amending Minnesota Statutes 1967, Sections 488A. 19� Subdivisions 1, 2� and 10; 488A. 20, Subdivisions 1, 3, 4, 5, and 6; 488A. 22, Subdivision 3; 488A.23, Subdivision 1; 488A.27, Subdivision 3; 488A.29, Subdivisions 3 and 7 ; 488A. 30, Subdivisions 1, 2, and 3; 488A.31, Subdivisions 3, 5, and 6; 488A. 32, Subdivisions 2, 7, �nd 9; 488A. 33, Subdivision 1 and adding a subdivision; and 488A.34, Subdivisions 1, 2, 7, and adding a subdivision. " and recommends the same to the Ramsey County Senate and House delegations . FP� PttOV � �� unMi A�R � 1969 COUNCILMEN Adopted by the Counci� 19— Yeas Nays �� 4 � �� Carlson Dalglish. / Approve� 19— '�� Tn Favor Peterson Sprafka � Mayor Tedeaco A gainst Mr. President, Byrne �'Ul3LI�HE� APR 12 1969 �O �� DUPLICATE TO PRINTER � . CITY OF ST. PAUL �OE NCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONEIL DATF �31�SOI.Vi;�3, That the Council a� tlze Ci�� of �aint Paul ��ere�.r,� a��rove� : "1':. i�ill for an act relata.iz�; to t�e �uunicipal and coneil.�.ai;ion cour�;u' o:� �a.int Paul; amenclirng �iinnesota St�.��utc;�; 19��, :�i:.etio�� 38�.. 1g, :�ui�t��.vi�fo�s �� 2� t�„�� .`v`, ��s�'+..�v' :>ul�ciivi�it�aks 1' 38 �€' ys ay�ci ti; ��u�.�'..�2, `.'>iA'::1(1��T:I.S1.021t :�; �88��.2�, �;xud��ri;;io�y 3.; 43��' .�1, :.gl.d�J�1V1530I1 3; j��3SA.�9, Subdivi5ic�x�.� 3 a�� 7 ; ��A.3U, �yuuc�ivisio�s 1, 2, ��d �; ��1�.31, �u'�aivisions 3, 5, �� 6; 488A.j2, 5u�divisions �?, 7, ��d 9; 4�8��.33, �ui��livisioaz 1 �nd �ddin�; t� suudivision; anct ��38A. 34, �u�c�i.vi�ions 1, 2, '�� and udc�i�a� u 3iAad '1VlE>1011. ip ar�ct recomm�n�is tlie ��.��e tn ttie r�ar!�sey t;ount,y �ena�e �.nd �i�us� dele�.�.t�ons . .:; r�.�� COUNCILMEN Adopted by the Council 19— Yeas Nays � Carlson � Dalglish Approved 19— ..-�e�'e��tiiir-��--- Tn Favor Peterson Sprafku U Mayor _ A gainst Tedesco Mr. President, Byrne O � . � �� ` t 2 :rnr' �i i 8 . A bill for an act ° , relati.nb to the municipal and conciliation courts of Saint Pau,l; amending riinnesota Statutes 1967 , Sect�ions 488A. 19 , Subdivisions 1, 2 , and 10; 48$A.20, Subdivisions 1, 3, 4, , � S, and 6; 4&8A.22 , Sub�ivisi_on 3; 488A.23, Subdivision 1; 488A.?.7, Subdivision 3; 488A.29, Subdivisions 3 and 7 ; 48°�•30, Subdivisions 1, 2, and 3; 488A. 31, Subdivisions 3, S, and 6; 488A. 32 , Subdivisi.ons 2 , 7, and 9 ; 488A. 33, Subdivision 1 and adding a subdivision; and 4Sf3A. 3!+, Subdivisi�ns 1, 2, 7 , and adding a subdivision. ' _ BE� IT ENACTED BY THE LEGISLATI7RE Or THE STATE OF MZNNESOTA: Section l. Minnesota Statutes 1967 , Section 488A. 19, - Subdivision 1, is dmended to read: 488A. 19 [JUDGES. ] Subdivision 1. [NUMBER OF JUDGES. ] � There are ��ve- si.x judges of the municipal court of the city ot Saint Paul. Sec. 2 . Minnesota Statutes 1967, Section 488A. 1.9, Subdivi5ion 2, is amended to .re.ad: :. ". Subd. 2. [QUALIFIC9TTONS AND OATH. ) Each judge shall � be a person learned in the law who is admitted and �ualifi.ed . to practice in the supreme court of this state and is a resident of the city of Saint Paul in this state. Before entering upon the duL•ies of office, each judge shall take and subscribe an oath, in ttle form prescribed by law for 3udicial officers, and shall file that oath in the office - of the city clerk. No jud�;e shall�ra_ctice :as an attorney or counselor at la��, exce�t in cases in which he is a � part�in interest � Sec. 3. rfinnesota Statutes 1967 , Section 488A. 19, - Subdivision 10, is amended to read : � Subd. 10. [SALARTES. ] Each judge shall be paid an 1 ,. __ _ . . _ f_, l E . �„ � . � , . Z :Illl' L%%U annual salary o�-$YII;��04 egual ta 90 percetit of the salary n�w or hE��:•eaf�e��ai.d to �judaes of the district cour� �F the secand �udieial district in sera��na��i�y- biweelcly , installm�nts out of the trea�ury of the city of Saint Yaul. If a judge clies, the an3ount of his salary remaining unpaid for the month in �ahich his d�ath occurs shall be paid to his estate. � ' Sec. 4. MinneSOta Statutes 1967 , Section 488A.20, - Subdivision 1, is amended to read : - . 488A.20 [CLERK; DEPU`TIES; ASSISTANT CLERKS. ] � � Subdivision 1. [APPOINTMEidT, TEP�i, REriOVAL, SUSP�NSION. ] (a) A majority of the judge� shall appoint a clerk of the court.� (b) The court shall have f�c�r- such em�loye�sZ consistin�of �eputy clerks, �3- assistant clerks and ��e- b��s- other necessary employees, each appointed by the clerk with the approval of a majority of the judges. - (c) Additional deputy clerks,� a�ssistant clerks and - baf��s- other necessary em lp oyees May be appointed by the clerk, with the approval of a majority of the judges;- w��r�- and the city council eo�se��s-�o-�lze-e�ea��o�-o�-��e� ne��posYtAo�s. - (d) The clerk and deputy clerks sha11 eacli be appointed for a term of six years from the date of appointment. At any time within six months from the d�te - - - - of initial appointment, each may be ren�oved and his , appointment terminated, with or withou� cause and without . nota.ce or hearing, by thE appointing official or officials. ' At any �i_cne, each rnay be suspende� by the appointing official or officials without pay for a period not to . exceed 30 days �aith or without cause pending a hearing 2 _ . �� . � f r i �,, t ' . � . Z :Cili: 2/i i; for removal and termin�ation of appointu�ent for cause be�'ore the appointing official or officials. � The clerk �nd all other employees of the court , �hall be in the �mc]_assified service of the city of Sai_nt . Paul. � . Sec. 5. Minnesota Statutes 1967 , Section �88A.20, Subdivision 3, is amended to read ; Subd. 3. [FOWERS AND DUTTES. � (a) Tfie cleY•k, deputy clerks, and assistant clerks ar�e�-b��i��s- may each administer oaths and affirmations and take acknowledgments. ' . (b) The clerk shall de�.egate and supervise the work of the deputy clerks , assistant clerks and b�a�3��c��s- other � necessary emplo.yee, . He sha11 have all the powers and duties incident to the office of a clerk of a court of record or necessa-ry to carry out the purposes of tt-�is act. (c) The clerk shall make minutes, records and indices of all proceedings ; ent�r all orders , judgments or sentences; issue a11 process ; keep proper �accounts ; have custody of � all court records ; and tax all costs and disbursements. �d In th�erformance of a11 his duties , the clerk is sub,�ect to the control and supervision of the ju�es. Sec. 6. Minnesota Statutes 1967, Section �88A.20, Subdivision 4, is amended to read : . Subd. 4. [DISPOSITION OF FINES, FEES AND OTHEF. riONEYS. ) (a) Except as otherwise provided by law, the clerk -shall - pay to the proper officer of the city of Saint Paul daily , all moneys recei_ved by him rea,uired by law to be paid to � the city. Such sums shall be credited to the general fund of the city. (b) Each such payment shall be accompanied by a daily report in wri�ing to the proper officer of the city of . 3 _ _ �_. . � � 1 . ' . ' 2 ,mr 2i78 Sai.nt �'au�, showing thc narae of e�ch defendar�t a�'ter daLe of the cle�k's precedi.ng report upon w�zom any fine has been imposed or confinement ordered, the date thereof, the nature of the o££ense, the amaunt of money received from each such p�rson and the final. disposition. Said report shall £ur_ ther show the aggregate amount oi money and the sources thereof due the city received by the clerk since his last report. (c) The clerk shall promptly pay all other moneys to the other public of.-ficers entitled thereto by law and shall in�orm the proper officer o£ the city of Saint Paul of all moneys remaining in his hands pursuant to law or court order. (d The c7_erk may receive ne�otiable instrum�nts in � � pa�yment of finQsz penalties , fees , or other obli�ations as conditional �a�ments� and is not held accountaUle therefor but if collection in cash is made and then only to the e�tent of the net collection� after deduction of the - necessary expnnse of collection. Sec. 7. Minnesota Statutes 1967 , Section 488A.20, Subdivision S, is amended ta read ; Suticl. 5. [�AIL. ] (a) Any bail deposited with the clerk and not forfeited by court order shall be �deemed abandoned and forfeited if the person entitlecl to refund does not file a written demand therefor within six months from the dat-e of enti.tlement to refund. _ (b) All sums collected by bail, bond or recognizance.. forfeited by court order or by abandonment shall be - forthrr�ith paid by the clerk to the city of Saint Paul. � (c) �.ny jud�e may order any�bail, bond, or reco�nizunce � for£eited under this subdivision to be reinstated for cause . 4 . . _. . _ �-.-___ . . � � � � . ' . 2 ;[ni 2ii`v' Gt�d the clerk :hal]. then refund acco�-dingtl.�. The city of Saint PauL sh�J.l:_rcimLui::e the clerl: if �he clerk_r.e£uttds . the deposit upon such an ordex and obtains a recci�t to be , used �s a voucher-. Sec. P. �iinn�sota Statutes 1967 , Section 4S8A.20, Subdivision 6, is amended to read : Subd. 6. [SALAP,IES. � (a) .The clerk of court shall be paid an annual salary oi-��.3;O�a-a-qe��- as fixed by a m�yity of_ the ju�es and ao�proved b.y the city council. fb�j--�£tze-�a�3��s-�l�a��-��-pa�el-��e-s€��e-�a�:ai?y-as-a ' pa�ra��at�-�cr�-�13�-baz�ear�-o��po��e-o�-��ze-e��y-e�-5arr��-�'nu�: Fe)- �_ The salaries of the deputy clerks and � - � assistant clerks and ot_her necessa��em loyees shal.l be set by the clerk and approv�d by the city council; however, the present salary of any employee af this court shall nofi be- - reduced by virtue of this act. �he-i��e�-��at-��e_�e�� eo�r�c��-,��y;°€o�.•-��a�•�o��-p�aY�c�se�p�o�-e�t�ei;��se;-�e��g�€�� e-as��ar��-e��:=�:s-o�-��z�.�-co��-�y-a-d��e�e��-�� - � ska�3�-�ot-ai4ee�-��ie�i�-�e��t�;-as-as�bs�ai��-e�e��:s�o�-��i�s eet�r�: f�l�- � A1.1 salaries under this act shall be payable out of the city treasury in sen�;�o��i�y- bi��eekly installments. � Sec. 9. Minnesota Statutes 1967 , Section 488A.2?_, - Subdivision 3, is amended to read ; _ Subd. 3. [SALARIES. ] ��°an;zt�a�-s��ai�y-o�-��e� _ _ . repopt�r-�h€��?:-�e-se�-�q-tFie-c�ty-ev�ne��;-paya��e-�t� seen�t�e:3t�i�y°�.is��et��s: The chief jud� of_ the mun�.cipal ___ . __ ' court of .the cit of Saint Paul b an order filed with the . cit�ottncil., shall fix and establish the salary of the municipal couct reporters at an ar�lount not exceedin�the 5 _ . _ _ t_ � , i , . � ' � � :n�r 2778 annu7l saJ_a. ry of court reporte�s i�i the di.strict court of the second ju:licial distr�ct. Sec. 10. Minnesot� Statut-es 1967 , Section 48$A.23, , Subdivision 1, is amended to read ; � 4SSA.23 [FE�S P�IYABLE TO �'HE CLERK. ] Subdivision 1. [F'ILING FEES II� CYVIL AC'i'IONS. � The fees payable to trie clerk e�- for the following services in civil actions shall be : (a) $6 payable by the plaintiff, in addition to any library fee otherwise required, when the action is entered in court or when the first paper on the plaintiff' s part is enteredb-� (b) ��- $6 payable by Che defendant or other adverse � or intervening party, or any one or more of several defenda�ts , or other adverse or intervenin� parties - - appe�ring separately from the others, when his or their appearance is entered in the action or when the first paper on his or their part is filed. Sec. 11. Minnesota Statutes 1967 , Section 48PA.27, Subdivision 3, is, amended ta read ; Subd. 3. [CO,iPLAINTS. � Conplaints charging violation of a statute, ordinance, charter provision, rule or regulation shaJ.l be sworn to before ��e3�e�l�,-�a��-dept�tg er-��tianE�-e��kk;-o�-any judge of the court arid such complaints ancl warrants relatind to_ such com�laints shall � .be fiZed with the clerk. - Sec . 12 . Minnesota Statutes-1967, Sect�on 488A.�}, - - - - � , Subdivisa.on 3, is arnended to read : . Subd. 3. [JURISDICTION. ] Excepting actions 'involving title to 'real est4te, the court has jurisdiction to hear, conciliate, try and determine civil actions at law where the amount iil controversy does not exceed the sum of ��9- 6 � �._ �. � Z ;mr 27"18 _ ' 350. The territorial juiisdict�_an of the court is coex�ensive with the geo�raphic boundaries of. the county , � of Ramsey. . SeG . 13. Minneso�a Statutes 1967 , Section 488A.29 , Subdivision 7 , i.s amended to read : � Sut�d. 7. [COMPLTTATYOi�I OF TIME. ] In computing an� period of time prescribed or allo�Jed by this act , the day of the act, event , or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included , unless ' it is a S�turday, Sunday or a legal holiday, i.n which event - the period runs until the end of the next day w�ich is neirher a Saturday, Sunday nar a holiday. When the period of time � prescribed or allowed is less than seven days, interrnediate Saturdays , Sundays and holidays shall be excluded in the computati.on. Sec. 14. Minne�ota Statutes �1967 , Seation 488A. 30, Subdivisxon 1, is amended to read ; � 488A. 30 [JUDGES; CLERKS; SALARIES; QUARTERS. � Subdivision 1. [JUDGES. ] (a) The judges of the municipal court o�-t�ie�e�:�y-�o�°c8�P1�-�an� shall serve as judges of the conciliati_on court for such periods and in such rotation as the judges nay determine. While so serving they shall - act and be known as conciliation judges. (b) The munieipal judge who conducts the conciliati.on - court hearino shall act upon any applications to vacate a - - - , judgmen� or an or.der for judgment whatever the grouncls may be and shall sign the certificate upon a removed cause, but any other municipal judge may act upon such an application or sign such a certificate in the event that �he judge who - � conductecl the hearing has not previousl.y denied the . � . _ E_. . ' . . j ' � 2 :mr 2•77� �p��li.cGtion ancl cannoL act upan the application promptly or sign tlze certii'ic�ite due to expirati.on of hi.s ter.ra, death, disability, absence from the court house or any . other cause. Sc) A ma 'oritv of the _jud�;es of the munici�al court- may a pp oint one or more sui.table peisons to act as ref:e-rees in conciliation cot�rt. A mar,Lority o£ the judges of the municipal court shall es.tablis�i quali£ications for the office, speci� the duties and length of service of referees� - - and fix their compensation not to exceed $35 �er d� or anST part thereof. This com �nsation is payable out of the - city treasur_y at the sam-e time and in the same manner as . _ ---.,- -—-- — : . . sa]_aries of the ',ud,�es of conciliation cour..t. Sec. 15. Minnesota Statutes 1967 , Section 488A. 30, Subdivision 2 , is amended �o read : � Subd. �. [CLERK, DUTIES. ) The clerk of the municipal court shall serve as the clerk of ,;the conciliation court . - - He shall delegate deputy clerks , assistant clerks and - . ba��c��s- other necessary employees -of the municipal court . to assist him in performing his duties under this -act . The clerk shall keep such records and accounts and perform such duties as may be prescribed by the judges . He shall � account �or and pay over to the city of Saint Paul all fees received by him in t►ze samQ fashion as required in his .capacity as clerk of municipal court . � Sec. 16. Minnesota Statutes 1967 , Secti.on 4S8A. 30, , Subdivision 3, is amendcd to reacl : . . Subd. 3. [SALAP.IES ; O�THS; EONDS. ) The judges, clerk, deputy clerks , assistant cle-rks and ba��z�fs- other necess�rv em�loyees sha11 receive only their salaries payable for serving as officers o£ municipal court whi7_e �erving in 8 , . �`_ _ P � � � t ' �` � "L :n►r 'L17�; � concil.iation cotirl: . All oaths taken and bonds given by the judges , clerk, deputy clerks , assistant clerks and � b�i�f��s- other necessary employees for Gheir respective o�fices in muni.cipal court include their acts �s officers of conciliation court , whzther or not so expressed therein. Sec . 17 . Minnesota Statutes I967 , Section !+38A. 31, Subdivisi.on 3, is amended to read ; Subd. 3. [CLAIrS, VEP,IFIGATION, CONTENTS. ] The claim must be verified by the plaintif£i his attorney or a�ent and shall contain a brief statement o� the arnount , date of accrual, and nature of the claim and the name and address. of the plaintiff, the plaintiff' s attorney or a e� nt, if any, and the defendant. The clerk shall draw up �he claim on request . Sec. 18. Mitinesota Statutes 1967 , Section !a88A. 31, Subdivision S, is amended to read ; - - Subd. S. [COUN��ERCLAIM. � (a) The defendant may - - interpose as a counterclaz�n any claim within the jurisdiction of the court which he ha5 against the plaintiff whether or ` not arising out of the transaction or occurrence which is the subject matter ot the plaintiff' s claim. _ (b) The counterclaim shall be interposed by filing with the clerk a brief statement of the amount , date of - - accrual and nature of the counterclaim, verified by the defendant, his attorneY or a e, nt , and paying a filing fee of $2 to the clerk. The clerk shall draw up the counterclaim on request. , _ (c) The clerk shal_1 note the filing of the counterclaim � on the original c].afm, promptly notify the plaintiff by mail : � of the filing and set the counterclaim for hearing on the same da�e as the original claim. 9 - . y_ � t . � • . 2 ;r�� 217u (d) The counterclaim shall be filed not less than five days before the daL-e set for court hearing. The jUd�e , in his discretion, may thereafter allow the filii�g o� a , written or oral countexclaim before or after h�arin� the mnrits of the claim and countercJ.aim. The judge, in hzs discretion, may re�uixe the payment of absolute or • conditi.onal costs up to $25 by the defendant to the plaintiff as a condition of allo�ving late filing in the event that a continuance is req«ested by the plaintiff and is granted . because of such late filing. (e) If the defendant h�s a counrerclaim which exceeds � the jurisdiction of the court and the defendant files an - � affidavit by himselfZ his attorney or a�ent with the clerk not less than five days before the date set for court hearing showing that he has filed with the clerlc of a specified other court of competent jurisdiction a co�nplaint seeki.ng recovery from the plaintiff on the counterclaim and stating the nature and amount thereof, the clerk shall strike the actio�l from the calendar and so advise the plaintiff by mail. If the plaintiff not less than -30 days nor more - than three years after the filing of such an affidavit shall file an affidavit showing that he has not been served with a summo�s in the other action or that the - other action has been finally determined, the clerk shall ` again set the cause for court hearing a�td summon the - defendant in the same manner as for the initial hearing - , � and the court shall proceECi to hear and determine plaint-iff's claim. If no such counter--affidavit is filed. by plaintiff - - wiChin three years , his original claim is dismissed without � prejudice without any further action b y the clerk or any judge. Prior to the expiration of this three year period 10 . � �-__ 1 . . • ' 'L :t��r 2?7t� tlle �laa.nti_ff' s or�.gin�l claim may be dismissed by plaintiff cr by court ord�r at a h�arin� upon motior o£ tt��e cle£endant . Sec . 19. Minnesota Statutes 1967 , Section 488A. 31, Subctivision 6, is am°nded to read : Subd. 6. [REPLEVIN. � If the controversy concerns ttie , ownershi.p or possess�on , or both, af personal property the �value of w'nich does not exceed the sum of $�SU- 350, the judge, in hi� discretion, may direct an officer of the court to �ake posse�sion o£ t�e property immediately and hold . it subject to the £urther order of the court , without the giving o� any bond F�hatever. Sec. 20. Minnesota S�atute� 19E�7 , Section 4�8�. 32 , - � Subdivision 2 , is amended ta read ; Subd. 2. [APPEAF.ANCE OF PARTIES. ] Any party may appear in his o�m b�half without an attorneyz or may retai�i and be re r� ese�°�ted by a duly admitted attorney who may partici�te in the heArin� to the ��extent and in the manner that the _judge, in his discretion, �deems hel�ful. Sec. 21. Aiinnesota Statvtes 1967 , Section 488A. 32 , . , Subdivision 7 , is amended to read ; Subd. 7. [DEFEND�NT, FATLUf'.E TO APPEAR. ] If the � defend�nt , after being sommoned as provided by this act, - fails to ap�eax' at the tim� set £or hearing, the judge may hear the plaintiff� his attorney or agent and order judgm�nt by default or he may fix a later date for hearing — in accordance wi�th what appears just and . reasonable. If - _ a later date be set for hearing, the clerk shall notify - - the defendant by mail. _ . _ - - _ Sec. 22 . Minnesota Statutes 1967 , Section 488A. 32 , St�bdi_vision 9 , is amended to read : Subd. 9. (CON�'IPJUANCE, FURTHrR HEARING, P.E-SETTING. ] 11 . �. _ � , � ` z :llll" .� /�Zi On proper showin� of good cause, a conti.nuance, further _ hear. itlg or re•-sc.ctin� may be ord�ered on moti.on of either party. The court may require payment of costs, conditional or absolute , not to exceed $25 to the other party as a condition of such an order. The clerk shall give no�ice �of any continuance, furtiier hearinj or_ re-sett�n� �mail to any party who does not have other notice thereof, Sec. 23. Minnesota Statutes 1967 , Section 488A. 33, Subdivision 1, is amQnded to read ; . 488A. 33 [NOTICE OF ORDEP. FOR JUDGNIENT; ENTRY OF JUDG�IENT; COSTS AfiiD DISf3UKSL'4iENT5; PAYMENT; VACATING; DOCi�ETING. ) Subdivisian. l. [NQTYCE QF ORDER. ] The clerk __ shall promptly mail to each party a notice af the order for judgment which the judge enters . The notice shall state - -- - � - � the �asL-�cl�y�- nuznber of days allowed for obtainin�an order to vacate �•�here th�re has been a default or for removing the cause to municipal court. ,� - - Sec. 24. Minnesota Statutes 1967, Sec�ion 4$8A.33, - -- - is amended by adding a subdivision to read; , Subd. �. [VACATIO�I OF JUDGiKENT AFTER TEN DAYS. � When a defend��t show� that he- did no� r-eceive a summons before the - - hearing caithin sufficient time to p�rmit- a defense and tt�at - he nid not receive notice of the order for default judgment within sufficient time t�ermit him to make application for- - re].ief within L-en�s or sho��s other �ood cause, _ a j_uc�ge _ ma� vacate a defaul�udgment after notice to the plainti.ff _ , and �;r�nt a 'new hesrir��on the mer�ts c�rith or without- a m�nt of �bsolute or conclitional costs. The clerk shall. notif� the par.ti_es by rnail of the new hearin d�te. ' Sec, 25. Minnesota Statutes _1967, .Sectio� !+88A. 34, Subc�ivisian 1, is amended to read :--- - . �2 . r__ �. • ' 4 � , • � . _ 2 :«ir ��78 4�i�A. 3�} [REi�10VAL OF CAUSE TO AIUNICIPAL COUR1'. ] , Subctivisio�z 1. ['fP.tAL DE NOVO. ] Any person aggri_eved by an order for judgmcnt entered by a conciliation judge , after a contestecl he�arin z may remove tlle cause to the mur►icipal courY, o�-L1��-e�ty--o��a��-�'�a� for trial de � novo. Sec . 26. riinnesota 5tatutes 1967 , S�ction 488A. 34, Subdivision 2 , is amended to read ; � Subcl. 2 . [PROCEDUP.E FOR REMOVAL OF CAUSE. ] ` No cause shall be so removed unless all the fol.lowing acts are performzd by the aggrieved party within ten days after the date the clerk maile� to hini notice of �he order for judgment:-� � (a) Serve on the op�o�ing party or his attorn� a - decriand for rertioval of the cause to the municipal court for trial de novo stating whether trial by a jury of si� or twelve per�ons o-r by the court without �a jury is demanded. Service shall be made upon a pa�rty �in accordance with the provisions for pe�.�onal service of a � summons in the municipal court or shall. be made upon the party' s attorney_ in accordance with the provisions for service af a noti_ce of_ motion u op n an attorn� in the mu�ici�al court . The demand shal�. s'no�� the office address of the attorney for each party .and the residence address of each partY who cloes not have an attorne� -- - (b) File with the clerk of conciliation court the - - - - - - • original demand for removal and proof of service thereof. If the opposing party or his attorney cannot be found and service of the demand be made �•�ithin the ten-day period , the aggra.eved party may file with the clerlc within the ten�day period the orig�.nal and a copy of the den»nd, 13 � �.. � . • t • . • � . . . togelher with an affidavit by hicn.elf or his attorney sho�•�i,ng thaL- due �nd di?igent sear.ch h�s �een m�de Ur.d i:hat the opposing party or his at�orney cannot be found and the fil�.n� of t11is �ffidavit shall serve in lieu of m�lcing serviGe and iiling p-ro,of of service. When such an affidavit is filec�, the clerk shall mail the copy of the demand to the opposing party at his last known addres�. (c) File with the clerk of conciliation court an affidavit by the aggxieved party or his attorney stating that the removal is made in good faith and not for the purpose of- delay. (d) Pay to the clerk of conci�iation court $6 when the demand is for trial by court , plus $6 additional when the demand is for trial by a jury of six or $1� �dditionGZ � when the demand is for trial by a jury of twelve. Sec. 27. Minnesota Statutes 1967 , Section 48SA. 34, Subdivision 7, is amended to reGd: Subc3. 7. [PLEADZNGS. � No note �of issue for trial in . municipal court need be filed. The removed cause shall be brought on £or trial in the same manner and substantially the same order as though a note of issue had been fil.eci in municipal cou-rt on the date the claim was filed in " conciliat;ion court. Pleadings con�orming to the mutiicipal court rules of civil procedure s�-ia�� be served and filed. If any party fails ro serve and file wri�ten - . pleadings F��13�n-�J-�ays-��t��e�?d�?eiaav��-�3QS-�eet�-�ei��ee�e�. ��ie-�z�rl�e�p��aeor�k��-s1i��-oz'de��-a°d�c�%i��a��o�-t�e-3��o�i . o�-a-�ler�t��t°th��.?e�t1-��-tlie-eas�-n�q-��e;-o�-sr�e�-o��e� . �e��e�-�s-��l�e-eot��-c�ee,�s-�»o,a��.�: ? the complain� or countercl��m in conciliation court shall stand as the com�lain� or_ cour►_terclaim on a�ea].. If the opposi� 14 r .t - . . . . . . . . . F , � .. . 2 :mr 2%78 ap rty fai_1. to a.nCerpose a r�c�s,�ons.iv��leadin; t-o. at�y ple�3dit1 tile allc�;ati_ans o� sai_c.��leadin�s are deemECl � denied. Either party, at his__option� may serve �leadin s . . Eith�r pa1°tv m��move Y.he court_��t a s�cial terrn thereof for an or_d�r. r�c�u�.r.�.n� a �le7ciin� or pleadin ,s in s�id matter. The court� on its O�Ji1 motio�l, may order either �or both parties t�re ��-e. and se�rv��leadin�s i_n said matter. Sec. Z8. Minnesota Statutes i567 , Section 488A. 3!+, is amended by adding a subdivision fio read ; � Subd. 12. [LI1�iYTED REMO�IAL OF CAUSE, PROCEDURE. ] - S,a� �ti�hen a moti_on for vac�tion of a judtrment or an order - for�ud rnent under section !�F8A. 33, subdivisian S, or section 24 of this� act has be2n denied , the a ,�rieved •�arty ma _ dem�nc� lim�_ted rema��l to th� municipal court � for hear�n� cle novo o� his motion. The demand for limitecl _ ' removal and noti_ce of the hearin� de novo must be served by th�_ a��ri.eved�art� on_the othe"r party in accordance with the provisions of subdivision .2, clause La) � and the _ ori�inal demand �nd notice, with p�ro�f of servic� must ' be filed with the clerk of conciliation court within ten � �s after the motion has be�n dena.ed� or the ori inal ' � and one co� of the demand �nc1 notice, together with an aff.idavi� similar L-o th�t rec�uired by subdivision 2� cl�use �, must be filed ��ith the clerk of conciliation . court c��i.thin said _ten-day p�xiod . When such an affidavit is filed , the clerk shall then mail the copy of the demaiid ' , �nd notice to the o�her party at his las� known residence aduress. The a��rieve�arty shall pay a fee of $2 to _ the cler�: of conciliation court for filin� the deman:l and not:ice and thi_s fee shall not be recov�rable as a disbursenent. The i�otice shall set a da�e for hearin� � 15 � �_ , . � _ . . . � • � A , . ' 2 :mr 2778 cte novo �� a s�ecial term of �the muni_ci�al court not 14ss . th:.�n ten days nc>r mo��e r.�1an_ 30 da�Ts subs�q�ent t� tile date of filin� the ori.Qi_na�. demand and notice. � ' b The_clerk of conci.liatio�z court thereu�on shall: pay over to th�: nun�_ci�al court ttle $2 fee and shall file in , mun�cip�l co�i�t the remova]. demand an�l notice to �ether with ` all orders , af�idavirs , and other papers fi1Pd in concil�_�tion court. The c�.�rk of rnunici al court shall then pl�ce the cause on the_��cial terrn c�lendar of the municipal court for hearin z on the date specified in rhe notice. . ,�,c ) A municipal jud�e � other than the conciliarion jud�e_c•�ho denied,�the motion, shall hear ttie motion de novo at s�ecial. texm and ma�den� the motion, without al.lot•�ance of cost� � o_�.rant the mo;:ion, cti•ith or without the allow�nce of absolute or_ conclitional costs . At the hearin� cIe novo the munici�judae shall consider� the entire file oi the conciliation couxt toaeth�r with any .subse uent affic�avits of shoF�in made� either partY• - Sd�, The clerk of municipal cou-r. t shall send a copy of the order made after the de novo hearin� to both parties and r�turn the file �o the cler�: o� conciliation court. . � x6 . , , , i