piers109uk/MN-Statutes huggingface dataset:
541.03 FORECLOSURE OF REAL ESTATE MORTGAGE.
No action or proceeding to foreclose a real estate mortgage, whether by action or advertisement or otherwise, shall be maintained unless commenced within 15 years from the maturity of the whole of the debt secured by the mortgage, and this limitation shall not be extended by the nonresidence of any plaintiff or defendant or any party interested in the land upon which the mortgage is a lien in any action commenced to foreclose such mortgage, nor by reason of any payment made after such maturity, nor by reason of any extension of the time of payment of the mortgage or the debt or obligation thereby secured or any portion thereof, unless such extension shall be in writing and shall have been recorded in the same office in which the original mortgage is recorded, within the limitation period herein provided, or prior to the expiration of any previously recorded extension of such mortgage or debt, nor by reason of any disability of any party interested in the mortgage.
The time within which any such action or proceeding may be commenced shall begin to run from the date of such mortgage, unless the time of the maturity of the debt or obligation secured by such mortgage shall be clearly stated in such mortgage. Any action or proceeding to foreclose a real estate mortgage, whether by action, by advertisement, or otherwise, commenced within the period of limitation herein provided, may be prosecuted to completion notwithstanding the expiration of the period of limitation, and proceedings to foreclose a real estate mortgage by advertisement shall be deemed commenced on the date of the first publication of the notice of sale.
494.05 GRANTS.
A community dispute resolution program is not eligible for a grant under this section unless it:
(1) complies with this chapter and the guidelines and rules adopted under this chapter;
(2) is certified by the state court administrator under section 494.015, subdivision 2;
(3) demonstrates that at least one-half of its annual budget will be derived from sources other than the state;
(4) documents evidence of support within its service area by community organizations, administrative agencies, and judicial and legal system representatives; and
(5) is exempt or has applied for exemption from federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 or is administered and funded by a city, county, or court system as a distinct, identifiable unit that has a separate and distinguishable operating budget.
Grants under this section must be used for the costs of operating approved programs. A program is eligible to receive an amount of money equal to one-half of its estimated annual budget, but not more than $25,000 a year.
[Repealed, 1997 c 7 art 2 s 67]
542.01 VENUE; GENERAL RULE; EXCEPTION.
Except as provided in section 542.02, every civil action shall be tried in the county in which it was begun, unless the place of trial be changed as hereinafter prescribed; and when so changed all subsequent papers in the action shall be entitled and filed in the county to which such transfer has been made.
541.04 JUDGMENTS, TEN YEARS.
No action shall be maintained upon a judgment or decree of a court of the United States, or of any state or territory thereof, unless begun within ten years after the entry of such judgment.
486.06 CHARGE FOR TRANSCRIPT.
In addition to the salary set in section 486.05, the court reporter may charge for a transcript of a record ordered by any person other than the judge at a rate set by the chief justice.
A court reporter may impose a fee authorized under this section only if the transcript is delivered to the person who ordered it within a reasonable time after it was ordered.
555.01 COURTS TO CONSTRUE RIGHTS.
Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
555.02 MAY HAVE INSTRUMENTS CONSTRUED.
Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
542.02 ACTIONS RELATING TO LAND, SITUS TO GOVERN.
Actions for the recovery of real estate, the foreclosure of a mortgage or other lien thereon, the partition thereof, the determination in any form of an estate or interest therein, and for injuries to lands within this state, shall be tried in the county where such real estate or some part thereof is situated, subject to the power of the court to change the place of trial in the cases specified in section 542.11, clauses (1), (3), and (4). If the county designated in the complaint is not the proper county, the court therein shall have no jurisdiction of the action.
541.05 VARIOUS CASES, SIX YEARS.
Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years:
(1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;
(2) upon a liability created by statute, other than those arising upon a penalty or forfeiture or where a shorter period is provided by section 541.07;
(3) for a trespass upon real estate;
(4) for taking, detaining, or injuring personal property, including actions for the specific recovery thereof;
(5) for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated;
(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(7) against sureties upon the official bond of any public officer, whether of the state or of any county, town, school district, or a municipality therein; in which case the limitation shall not begin to run until the term of such officer for which the bond was given shall have expired;
(8) for damages caused by a dam, used for commercial purposes; or
(9) for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01.
Unless otherwise provided by law, any action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product shall be commenced within four years.
488A.06 BAILIFFS.
The sheriff with approval of a majority of the judges shall assign to the court a sufficient number of deputy sheriffs who shall act as bailiffs of the court. A bailiff shall be in attendance at all sessions of the court involving traffic or criminal matters, and serve all process and warrants and perform such other duties as may be directed by the judges of the court. The county board may with the approval of a majority of the judges contract with any municipality upon such terms as agreed upon for the services of police officers of the municipality to act as bailiffs at all sessions of the court in the municipality. Provided, however, and notwithstanding the provisions of any law to the contrary, the county board and the governing body of any town or city within the county shall have authority to contract for the service of such process and warrants by the police officers of such town or city within their respective boundaries upon such terms and conditions as may be agreed upon between the parties and approved by a majority of the judges of the court. Upon execution of such agreements, a copy thereof shall be delivered to the sheriff who may thereafter deliver for service the process and warrants to the local police officers for service pursuant to the terms of such agreement.
No bailiff shall serve or receive for service any summons or other paper in any eviction or civil action until the complaint has been filed with the court administrator. The bailiff to whom a summons or other paper is delivered for service shall make a prompt return to the court administrator showing whether or not it has been served and if not served the reason therefor.
The fees and mileage of bailiffs in civil actions and actions of eviction are the same as those payable to the sheriff of Hennepin County for like services for district court actions. The fees and mileage for all other services of bailiffs shall be fixed by rules promulgated by a majority of the judges. The fee provided for by chapter 349 of the Laws of 1953 is not payable. No fees or mileage are payable by the state, county or city to bailiffs for their services, except that the county may pay bailiffs for automobile mileage within the limits provided by law when the bailiffs furnish automobiles for use in the performance of their duties. Bailiffs shall make returns showing their fees and mileage after performing such services. The amount of the bailiffs' fees and mileage is payable to the sheriff in advance.
Except as provided in subdivision 3 above, such bailiffs shall be paid for their services only the compensation payable to them by the county as bailiffs. If any fee, gratuity, or reward is paid to any bailiff for services while on duty as a bailiff of the court, the bailiff shall forthwith pay it over to the court administrator for the use of the county. Failure to do so is a misdemeanor and is punishable by a fine not exceeding $100, or by imprisonment in the county jail or city workhouse for not more than 30 days.
The sheriff of Hennepin County shall transport defendants pursuant to rules promulgated by the court and orders of the court.
555.03 CONTRACT MAY BE CONSTRUED.
A contract may be construed either before or after there has been a breach thereof.
485.018 WITHHOLDING SALARY; COLLECTION OF FEES.
[Repealed, 1999 c 60 s 3]
[Repealed, 2006 c 260 art 5 s 54]
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.
[Repealed, 1975 c 301 s 16]
[Repealed, 1999 c 60 s 3]
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.
[Repealed, 2006 c 260 art 5 s 54]
[Repealed, 1990 c 571 s 49]
[Repealed, 2006 c 260 art 5 s 54]
542.03 OFFICIAL MISCONDUCT, WHERE CAUSE AROSE.
Except as provided in subdivision 2, actions against a public officer, or person specially appointed to execute a public officer's duties, for acts done by virtue of the office, and against any person for like cause who has acted in place or in aid of the officer, and actions to recover penalties or forfeitures imposed by statute, shall be tried in the county in which the cause of action arose. If the act for which the penalty or forfeiture is imposed is committed upon a lake or stream extending into, or bordering upon, more than one county, the action may be tried in any of these counties.
The trial of any action against a state official for acts affecting the use of land or waters of the state may, in the discretion of the court, be tried in the county where the land or water is located, whether or not the state official resides in that county, on motion made to the court in that county by any party to the action if the court finds (1) that trial of the action in that county is in the interests of justice, (2) that no party to the action will be prejudiced thereby and (3) that the trial of the action will be expedited. The motion may be submitted on pleadings mailed to the court without the necessity of personal appearance.
555.04 CONSTRUCTION, BY WHOM REQUESTED.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, person who lacks mental capacity, or insolvent, may have a declaration of rights or legal relations in respect thereto:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
541.052 LIMITATION OF ACTIONS FOR DAMAGES BASED ON ERRORS IN LAND SURVEYS.
Except where fraud is involved, no action to recover damages for an error in the survey of land, nor any action for contribution or indemnity for damages sustained on account of an error, may be brought against any person performing the survey more than two years after the discovery of the error, nor in any event more than ten years after the date of the survey.
Notwithstanding the provisions of subdivision 1, in the case of action which occurs during the ninth or tenth year after the date of the survey, an action to recover damages may be brought within two years after the date on which the action occurred, but in no event may an action be brought more than 12 years after the date of the survey.
542.04 ACTIONS ON FORFEITED BAIL BONDS.
Actions and proceeding prosecuted upon forfeited bail bonds or recognizances shall be heard and tried in the county in which the forfeiture was adjudged.
555.05 ENUMERATION NOT EXCLUSIVE.
The enumeration in sections 555.02 to 555.04 does not limit or restrict the exercise of the general powers conferred in section 555.01, in any proceeding where declaratory relief is sought, in which judgment or decree will terminate the controversy or remove an uncertainty.
541.053 LIMITATION OF ACTIONS BASED ON CONSUMER DEBT.
Notwithstanding section 541.31, subdivision 1, actions upon an obligation arising out of a consumer debt primarily for personal, family, or household purposes shall be commenced within six years. After its expiration, the statute of limitations is not revived by the collection of a payment on an account, a discharge in a bankruptcy proceeding, or an oral or written reaffirmation of the debt.
542.05 COST BOND; RECOGNIZANCES; NONRESIDENTS.
Actions upon bonds for costs given in any civil action or proceeding by a nonresident plaintiff, as provided by law, and upon any recognizance by a party or witness in any criminal prosecution shall be tried in the county where the bond or security is filed, unless the court, for cause other than the residence of the defendant, changes the venue. An action against a nonresident defendant proceeded against by attachment may be brought in any county in which the defendant has property liable to attachment.
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.
543.08 SUMMONS, SERVICE UPON CERTAIN CORPORATIONS.
If a private domestic corporation has no officer at the registered office of the corporation within the state upon whom service can be made, of which fact the return of the sheriff of the county in which that office is located, or the affidavit of a private person not a party, that none can be found in that county shall be conclusive evidence, service of the summons upon it may be made according to section 5.25.
If the defendant is a foreign insurance corporation, the summons may be served in compliance with section 45.028, subdivision 2.
486.10 FREELANCE COURT REPORTERS; DISCLOSURE OF FINANCIAL ARRANGEMENTS.
(a) The definitions in this subdivision apply to this section.
(b) "Court reporting firm" means a business that provides services of freelance court reporters.
(c) "Freelance court reporter" means an officer who captures and transcribes verbatim legal proceedings and who is authorized to administer oaths to witnesses. Freelance court reporter does not include a court reporter while working in a courtroom setting as an employee of the court.
(d) "Contract or agreement" means a contract or agreement, whether oral or written, for court reporting services between a freelance court reporter or court reporting firm and an attorney, law firm, party to a legal proceeding, or party having a financial interest in a legal proceeding that provides for ongoing court reporting services not limited to a particular case or reporting incident.
(a) The existence of a contract or an exclusive agreement with a court reporter or court reporting firm for court reporting services must be disclosed as provided by this paragraph. Written notice of a contract or agreement must be included in the notice of taking deposition or the notice of legal proceeding before commencement of a legal proceeding at which court reporting services are being provided. Oral disclosure of a contract or agreement must be made on the record by the court reporter at the commencement of the legal proceeding.
(b) A freelance court reporter or court reporting firm:
(1) shall treat all parties to an action equally, providing comparable services to all parties;
(2) shall charge the same rate for copies of the same transcript to all parties according to Minnesota Rules of Civil Procedure, rule 30.06;
(3) may not act as an advocate for any party or act partially to any party to an action; and
(4) shall comply with all state and federal court rules that govern the activities of court reporters.
(c) An attorney shall state the reason for the objection to the provision of court reporting services by a freelance court reporter or court reporting firm and shall note the objection and the reason on the record.
Through objection by a party to the proceedings and upon the court's or presiding officer's determination of a violation of subdivision 2, paragraph (a), the court or presiding officer may: (1) declare that the record for which the court reporting services were provided is void and may order that the legal proceeding be reconducted; or (2) impose sanctions against the party violating subdivision 2, paragraph (a), including civil contempt of court, costs, and reasonable attorney fees resulting from the violation. If the legal proceedings are reconducted, the parties who violated subdivision 2, paragraph (a), are jointly and severally liable for costs associated with reconducting the legal proceeding and preparing the new record. Costs include, but are not limited to, attorney, witness, and freelance court reporter appearance and transcript fees.
554.07 SHORT TITLE.
Sections 554.07 to 554.19 may be cited as the "Uniform Public Expression Protection Act."
555.06 DISCRETIONARY.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
541.06 SHERIFFS, CORONERS; FORFEITURES, THREE YEARS.
The following actions shall be commenced within three years: against a sheriff or coroner for any act done in an official capacity and in virtue of an office, or for any omission of an official duty, including the nonpayment of money collected or received on a judgment or execution.
540.03 ACTION BY ASSIGNEE; SETOFF SAVED; EXCEPTION.
If a thing in action be assigned, an action thereon by the assignee shall be without prejudice to any setoff or defense existing at the time or before notice of the assignment; but this section does not apply to negotiable paper, transferred in good faith and upon good consideration before due.
542.06 REPLEVIN.
Actions to recover the possession of personal property wrongfully taken shall be tried in the county in which the taking occurred or in the county in which the property is situated.
555.07 REVIEW.
All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
541.07 TWO- OR THREE-YEAR LIMITATIONS.
Except where the Uniform Commercial Code, this section, section 541.05, 541.073, 541.076, or 604.205 otherwise prescribes, the following actions shall be commenced within two years:
(1) for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury, and all actions against veterinarians as defined in chapter 156, for malpractice, error, mistake, or failure to cure, whether based on contract or tort; provided a counterclaim may be pleaded as a defense to any action for services brought by a veterinarian after the limitations period if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim sued on originated, but no judgment thereof except for costs can be rendered in favor of the party so pleading it;
(2) upon a statute for a penalty or forfeiture, except as provided in sections 541.074 and 541.075;
(3) for damages caused by a dam, other than a dam used for commercial purposes; but as against one holding under the preemption or homestead laws, the limitations shall not begin to run until a patent has been issued for the land so damaged;
(4) against a master for breach of an indenture of apprenticeship; the limitation runs from the expiration of the term of service;
(5) for the recovery of wages or overtime or damages, fees, or penalties accruing under any federal or state law respecting the payment of wages or overtime or damages, fees, or penalties except, that if the employer fails to submit payroll records by a specified date upon request of the Department of Labor and Industry or if the nonpayment is willful and not the result of mistake or inadvertence, the limitation is three years. (The term "wages" means all remuneration for services or employment, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, where the relationship of master and servant exists and the term "damages" means single, double, or treble damages, accorded by any statutory cause of action whatsoever and whether or not the relationship of master and servant exists);
(6) for damages caused by the establishment of a street or highway grade or a change in the originally established grade;
(7) against the person who applies the pesticide for injury or damage to property resulting from the application, but not the manufacture or sale, of a pesticide.
555.08 SUPPLEMENTAL RELIEF.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
554.09 SPECIAL MOTION FOR EXPEDITED RELIEF.
Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which sections 554.07 to 554.19 apply, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.
542.07 ACTIONS BY OR FOR THE STATE.
Except as otherwise provided by law in particular cases, civil actions for trespass in which the state of Minnesota is plaintiff, may be begun and tried in such county as the attorney general, or other attorney authorized to bring the same, shall select.
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.
542.08 ACTIONS FOR WAGES.
An action for the recovery of wages or money due for manual labor may be brought in the county in which such labor was performed; and when so brought the venue of such action shall not be changed to another county without the written consent of the plaintiff filed with the court.
540.05 MARRIED PERSON MAY SUE OR BE SUED ALONE.
In cases where the spouse, except for the marriage relation, would not be a necessary party, a married person may sue and be sued as if unmarried and without joining the spouse. If a person marries and at the same time takes a new name while a party to a pending action, the person shall thereafter be designated by the new name.
554.10 STAY.
(a) Except as otherwise provided in paragraphs (d) to (g), on the filing of a motion under section 554.09:
(1) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and
(2) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under section 554.09.
(b) A stay under paragraph (a) remains in effect until entry of an order ruling on the motion under section 554.09 and expiration of the time under section 554.15 for the moving party to appeal the order.
(c) Except as otherwise provided in paragraphs (e), (f), and (g), if a party appeals from an order ruling on a motion under section 554.09, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.
(d) During a stay under paragraph (a), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under section 554.13, paragraph (a), and the information is not reasonably available unless discovery is allowed.
(e) A motion under section 554.16 for costs, attorney fees, and expenses is not subject to a stay under this section.
(f) A stay under this section does not affect a party's ability voluntarily to dismiss a cause of action or part of a cause of action or move to sever a cause of action.
(g) During a stay under this section, the court for good cause may hear and rule on:
(1) a motion unrelated to the motion under section 554.09; and
(2) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
555.09 ISSUES OF FACT MAY BE TRIED.
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending; provided, that any issue of fact for which a jury trial is not required may be brought on for trial at any special term of the court in like manner as an issue of law unless there is a general term of the court at which such issue of fact may be tried as soon as at such special term.
541.072 SPECIAL LIMITATION.
An action to recover damages heretofore caused by the establishment of a street or highway grade or a change in the originally established grade may be brought within the time prescribed in section 541.07 or within six months after April 25, 1955, whichever is the longer period.
542.09 OTHER CASES; DEFENDANT'S RESIDENCE OR WHERE CAUSE AROSE; CORPORATIONS.
All actions not enumerated in sections 542.02 to 542.08 and 542.095 shall be tried in a county in which one or more of the defendants reside when the action is begun or in which the cause of action or some part thereof arose. If none of the parties shall reside or be found in the state, the action may be begun and tried in any county which the plaintiff shall designate. A corporation, other than railroad companies, street railway companies, and street railroad companies whether the motive power is steam, electricity, or other power used by these corporations or companies, also telephone companies, telegraph companies, and all other public service corporations, shall be considered as residing in any county wherein it has an office, resident agent, or business place. The above enumerated public service corporations shall be considered as residing in any county wherein the cause of action shall arise and wherein any part of its lines of railway, railroad, street railway, street railroad, without regard to the motive power of the railroad, street railway, or street railroad, telegraph or telephone lines or any other public service corporation shall extend, without regard to whether the corporation or company has an office, agent, or business place in the county or not.
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.
554.11 HEARING.
(a) The court shall hear a motion under section 554.09 not later than 60 days after filing of the motion, unless the court orders a later hearing:
(1) to allow discovery under section 554.10, paragraph (d); or
(2) for other good cause.
(b) If the court orders a later hearing under paragraph (a), clause (1), the court shall hear the motion under section 554.09 not later than 60 days after the court order allowing the discovery, unless the court orders a later hearing under paragraph (a), clause (2).
555.10 COSTS.
In any proceeding under this chapter, the court may make such award of costs as may seem equitable and just.
542.095 VENUE IN MOTOR VEHICLE CASES.
An action against the owner, driver, or operator of any motor vehicle arising out of and by reason of the negligent driving, operation, management, and control of such motor vehicle may be brought in the county where the action arose or in the county of the residence of the defendant or a majority of the defendants against whom the action is brought and when so brought the venue of the action shall not be changed without the written consent of the plaintiff filed with the court or unless changed by order of the court pursuant to section 542.11.
555.11 PARTIES.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard.
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.
554.12 PROOF.
In ruling on a motion under section 554.09, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Minnesota Rules of Civil Procedure 56.03.
541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL PROVISIONS.
As used in this section:
(1) "sexual abuse" means conduct described in sections 609.342 to 609.3451 and 609.3458; and
(2) "person" includes a natural person, corporation, limited liability company, partnership, organization, association, or other entity.
(a) An action for damages based on sexual abuse: (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.
(b) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.
(c) This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15.
This section applies to an action for damages commenced against a person who was a cause of the plaintiff's damages either by (1) committing sexual abuse against the plaintiff, or (2) negligence.
A claim for vicarious liability or liability under the doctrine of respondeat superior must be commenced within six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years of age. This subdivision does not limit the availability of these claims under other law.
This section may be cited as the "Child Victims Act."
540.07 PARENT OR GUARDIAN MAY SUE FOR SEDUCTION.
A parent may maintain an action for the seduction of the son or daughter, and the guardian may maintain an action for the seduction of the ward, though the son or daughter or ward is not living with, or in the service of, the plaintiff at the time of the seduction or afterwards, and there is no loss of service.
541.074 CIVIL REMEDY IN RACKETEERING CASES.
A civil proceeding under section 609.911 shall be commenced within five years.
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.
542.10 CHANGE OF VENUE AS OF RIGHT; DEMAND.
If the county designated in the complaint is not the proper county, 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 county. This demand shall be accompanied by the affidavit of the defendant, or defendant's agent or attorney, setting forth the county of residence at the time of the commencement of the action, the date of service of the summons, and stating that neither the cause of action nor any part thereof arose in the county designated in the complaint. This demand and affidavit, with proof of service thereof upon the plaintiff's attorney, shall be filed with the court administrator in the county where the action was begun within 30 days from the date of its service and thereupon, unless the county where the action was begun is a county in which the cause of action or some part thereof arose, the place of trial shall be changed to the county where the defendant resides without any other proceedings. If the county designated in the complaint is not the county in which the cause of action or some part thereof arose and if there are several defendants residing in different counties, the trial shall be had in the county upon which a majority of them unite in demanding or, if the numbers be equal, in that whose county seat is nearest. When the place of trial is changed all other proceedings shall be had in the county to which the change is made, unless otherwise provided by consent of parties filed with the court administrator or by order of the court and the papers shall be transferred and filed accordingly. When a demand for a change of the place of trial is made as herein provided the action shall not for any of the reasons specified in section 542.11 be retained for trial in the county where begun, but can be tried therein only upon removal thereto from the proper county in the cases provided by law.
A party who has paid the filing fee of the county where the action originated shall not be required to pay the filing fee of the county to which the action is transferred. The transferor county may retain any filing fees received prior to the change of county, but shall in writing advise the county to which the action is transferred of any and all such filing fees paid to the transferor county.
540.08 INJURY TO CHILD OR WARD; SUIT BY PARENT OR GUARDIAN.
A parent may maintain an action for the injury of a minor son or daughter. A general guardian may maintain an action for an injury to the ward. A guardian of a dependent, neglected, or delinquent child, appointed by a court having jurisdiction, may maintain an action for the injury of the child. If no action is brought by the father or mother, an action for the injury may be brought by a guardian ad litem, either before or after the death of the parent. Before a parent receives property as a result of the action, the parent shall file a bond as the court prescribes and approves as security therefor. In lieu of this bond, upon petition of the parent, the court may order that the property received be invested in securities issued by the United States, which shall be deposited pursuant to the order of the court, or that the property be invested in a savings account, savings certificate, certificate of deposit, or share certificate, in a bank, savings association, trust company, credit union in which either the depositor or beneficiary is a member, or an annuity or other form of structured settlement, subject to the order of the court. A copy of the court's order and the evidence of the deposit shall be filed with the court administrator. Money or assets in an account established by the court under this section are not available to the minor child or the child's parent or guardian until released by the court to the child or the child's parent or guardian. No settlement or compromise of the action is valid unless it is approved by a judge of the court in which the action is pending.
554.13 DISMISSAL OF CAUSE OF ACTION IN WHOLE OR PART.
(a) In ruling on a motion under section 554.09, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:
(1) the moving party establishes under section 554.08, paragraph (b), that sections 554.07 to 554.19 apply;
(2) the responding party fails to establish under section 554.08, paragraph (c), that sections 554.07 to 554.19 do not apply; and
(3) either:
(i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(ii) the moving party establishes that:
(A) the responding party failed to state a cause of action upon which relief can be granted; or
(B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.
(b) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 554.09 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under section 554.16.
(c) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 554.09 establishes for the purpose of section 554.16 that the moving party prevailed on the motion.
555.12 REMEDIAL.
This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.
541.075 REMEDIES IN ENVIRONMENTAL ACTIONS.
A proceeding to impose a penalty or forfeiture under sections 103F.701 to 103F.755 or chapter 115, 116, or 299K must be commenced within three years of the date the violation was discovered or reasonably should have been discovered.
542.11 CHANGE OF VENUE BY ORDER OF COURT; GROUNDS.
The venue of any civil action may be changed by order of the court in the following cases:
(1) upon written consent of the parties;
(2) when it is made to appear on motion that any party has been made a defendant for the purpose of preventing a change of venue under section 542.10;
(3) when an impartial trial cannot be had in the county wherein the action is pending; or
(4) when the convenience of witnesses and the ends of justice would be promoted by the change.
540.09 DESERTED SPOUSE MAY SUE AND DEFEND IN ABSENT SPOUSE'S NAME.
When a spouse has deserted the family, the deserted spouse may prosecute or defend, in the name of the absent spouse, any action which the absent spouse might have prosecuted or defended, and shall have the same powers and rights therein as the absent spouse might have had.
554.14 RULING.
The court shall rule on a motion under section 554.09 not later than 60 days after a hearing under section 554.11.
555.13 PERSON.
The word "person," wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character.
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.
541.076 HEALTH CARE PROVIDER ACTIONS.
(a) For purposes of this section, "health care provider" means a physician, surgeon, dentist, occupational therapist, other health care professionals as defined in section 145.61, hospital, or treatment facility.
(b) An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date the cause of action accrued.
(c) A counterclaim may be pleaded as a defense to any action for services brought by a health care provider after the limitations described in this section, notwithstanding it is barred by the provisions of this chapter, if the counterclaim belonged to the party pleading it at the time it became barred and was not barred at the time the claim sued on originated, but no judgment on the counterclaim except for costs can be rendered in favor of the party so pleading it.
542.12 ACTION ON CONTRACTOR'S BOND.
An action against the sureties on a public contractor's bond or against such sureties and contractor jointly may be brought in the county where the cause of action arose and when so brought the venue of such action shall not be changed without the written consent of the plaintiff filed with the court or unless changed by order of the court pursuant to section 542.11.
554.15 APPEAL.
A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under section 554.09. The appeal must be filed not later than 30 days after entry of the order.
541.08 LOCAL IMPROVEMENT CERTIFICATES; LIMITATION; LIEN SUPERSEDED.
No action for the refundment or recovery of moneys paid on account of the purchase of any valid or invalid certificate of sale for a local improvement assessment, heretofore or hereafter issued by any city in this state now or hereafter having a population of over 50,000, shall be maintained after the expiration of two years from the date when notice of expiration of the period of redemption of the property described in such certificate from the sale evidenced thereby could have lawfully been given; nor shall such action be maintained in any case where the person claiming under such certificate of sale has permitted the lien evidenced by such certificate to be superseded, avoided, or cut out by a subsequent or superior lien arising either from the levy of taxes for general purposes or from the levy of a duly authorized local improvement assessment.
540.11 SURETY MAY BRING ACTION.
An action may be brought against two or more persons for the purpose of compelling one to satisfy a debt due to the other, for which the plaintiff is bound as surety.