piers109uk/MN-Statutes huggingface dataset:
554.16 COSTS, ATTORNEY FEES, AND EXPENSES.
On a motion under section 554.09, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion:
(1) to the moving party if the moving party prevails on the motion; or
(2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.
555.14 PROVISIONS SEPARABLE.
The several sections and provisions of this chapter, except sections 555.01 and 555.02, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not effect or render the remainder of the chapter invalid or inoperative.
485.11 PRINTED CALENDARS.
The court administrator of the district court in each of the several counties of this state shall provide calendars of the cases to be tried at the general terms thereof.
542.13 INTEREST OR BIAS OF JUDGE.
No judge shall sit in any cause, except to hear a motion to change the venue, if interested in its determination, or if the judge might be excluded for bias from acting therein as a juror. If there is no other judge of the court or district, the judge shall grant a change of the venue when, upon a motion therefor, the interest or bias shall be made to appear, unless before the motion is heard the governor shall have assigned another judge to try such cause. The venue may be changed upon the sole judge's motion upon deeming it improper to sit in the cause.
555.15 UNIFORMITY OF INTERPRETATION.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
541.09 ACTION TO BE COMMENCED WITHIN ONE YEAR.
No action shall be maintained upon any judgment note or other instrument, heretofore or hereafter executed, containing any provision authorizing a confession of judgment thereon, unless begun within one year after the cause of action shall have accrued.
No action shall be maintained upon any judgment or decree of any court of the United States, or of any state or territory thereof, heretofore or hereafter entered upon a plea of confession under any warrant of attorney or other instrument signed by the debtor authorizing such confession, unless the action upon such judgment be begun within one year after the rendition or entry thereof.
540.12 ACTION NOT TO ABATE BY DEATH; TORTS.
No action shall abate by reason of the death or disability of a party, or the transfer of the party's interest, if the cause of action continues or survives. After a verdict, decision, or report of a referee, fixing the amount of damages for a wrong, such action shall not abate by the death of any party thereto.
542.14 ACTIONS IN MUNICIPAL COURT.
All provisions relating to venue shall apply to civil actions begun in the municipal courts, except that the application for such change shall be made after answering and before the time fixed for the trial of the cause; and upon a change of venue being effected in any such action, under any of sections 542.10 to 542.14, the transfer shall be made to the district court of the proper county.
554.17 CONSTRUCTION.
Sections 554.07 to 554.19 must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or Minnesota Constitution.
555.16 CITATION, UNIFORM DECLARATORY JUDGMENTS ACT.
This chapter may be cited as the Uniform Declaratory Judgments Act.
541.10 MUTUAL ACCOUNTS.
If the action is to recover a balance due upon a mutual, open, and current account, and there have been reciprocal demands between the parties, the limitation shall begin to run from the date of the last item proved on either side.
487.22 SERVICE.
All civil and criminal process and orders may be served and enforced anywhere within the state.
543.19 PERSONAL JURISDICTION OVER NONRESIDENTS.
As to a cause of action arising from any acts enumerated in this subdivision, a court of this state with jurisdiction of the subject matter may exercise personal jurisdiction over any foreign corporation or any nonresident individual, or the individual's personal representative, in the same manner as if it were a domestic corporation or the individual were a resident of this state. This section applies if, in person or through an agent, the foreign corporation or nonresident individual:
(1) owns, uses, or possesses any real or personal property situated in this state; or
(2) transacts any business within the state; or
(3) commits any act in Minnesota causing injury or property damage; or
(4) commits any act outside Minnesota causing injury or property damage in Minnesota, subject to the following exceptions when no jurisdiction shall be found:
(i) Minnesota has no substantial interest in providing a forum; or
(ii) the burden placed on the defendant by being brought under the state's jurisdiction would violate fairness and substantial justice.
[See Note.]
The service of process on any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may be made by personally serving the summons upon the defendant outside this state with the same effect as though the summons had been personally served within this state.
Only causes of action arising from acts enumerated in subdivision 1 may be asserted against a defendant in an action in which jurisdiction over the defendant is based upon this section.
Nothing contained in this section shall limit or affect the right to serve any process in any other manner now or hereafter provided by law or the Minnesota Rules of Civil Procedure.
"Nonresident individual," as used in this section, means any individual, or the individual's personal representative, who is not domiciled or residing in the state when suit is commenced.
485.13 DESTRUCTION OF FILES AND DOCUMENTS.
The court administrator of district court in all counties of this state is hereby authorized to destroy or otherwise dispose of the files, and all documents contained therein, in all cases which are more than ten years old, and which relate only to the following kinds of actions:
(a) uncontested garnishments;
(b) personal property tax judgments;
(c) transcripts of judgments from municipal courts;
(d) transcripts of judgment from other counties which pertain solely to money judgments.
Nothing herein contained shall relieve such court administrator of district court from maintaining the books and index records required under sections 485.07, 485.08, and 485.10, including the filing data, of any files, of which such disposal is made.
554.18 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
540.13 EXEMPTIONS OF LEGISLATIVE MEMBERS AND EMPLOYEES.
No member, officer, or employee of either branch of the legislature shall be liable in a civil action on account of any act done in pursuance of legislative duties.
542.16 NOTICE TO REMOVE.
Any party, or the party's attorney, to a cause pending in a district court, except for a proceeding under section 484.702, may make and file with the court administrator in which the action is pending and serve on the opposite party a notice to remove. The notice must be served and filed within ten days after the party receives notice of which judge or judicial officer is to preside at the trial or hearing, or, if no notice of a hearing is served with the summons, then within the time to answer the summons, whichever is later. Thereupon without any further act or proof, the chief judge of the judicial district shall assign any other judge of any court within the district to preside at the trial of the cause or the hearing of the motion or order to show cause, and the cause shall be continued on the calendar, until the assigned judge can be present. In criminal actions the notice to remove shall be made and filed with the court administrator by the defendant, or the defendant's attorney, not less than two days before the expiration of the time allowed by law to prepare for trial and in any of those cases the presiding judge shall be incapacitated to try the cause. In criminal cases, the chief judge, for the purpose of securing a speedy trial, may change the place of trial to another county.
After having once disqualified a presiding judge as a matter of right under subdivision 1, a litigant may disqualify the substitute judge, but only by making an affirmative showing of prejudice. A showing that the judge might be excluded for bias from acting as a juror in the matter constitutes an affirmative showing of prejudice. If a litigant makes an affirmative showing of prejudice against a substitute judge, the chief judge of the judicial district shall assign any other judge of any court within the district to hear the cause.
540.14 ACTIONS AGAINST RECEIVERS; TRIAL; JUDGMENT, HOW SATISFIED.
Except as limited in chapters 576 and 577, any receiver, assignee, or other person appointed by a court to hold or manage property under its direction, may be sued on account of any acts or transactions in carrying on the business connected with such property without prior leave of court.
Such action may be brought in any county in which it could have been brought against the person or corporation represented by such receiver or other person, shall be tried in the same manner and subject to the same rules of procedure, and any judgment recovered therein against such receiver or other person shall be paid by the receiver or other person as a part of the expenses of managing such property.
554.19 SAVINGS CLAUSE.
Sections 554.07 to 554.19 do not affect a cause of action asserted before May 25, 2024, in a civil action or a motion under Minnesota Statutes 2022, sections 554.01 to 554.06, regarding the cause of action.
543.20 PERSONAL JURISDICTION IN SUPPORT ENFORCEMENT CASES AND PATERNITY SUITS.
In addition to the methods of service of process provided in the Rules of Civil Procedure, service of a summons, an order to show cause, or an order or judgment within this state may also be made upon an individual by delivering a copy to the individual personally at the individual's place of employment or at a postsecondary education institution in which the individual is enrolled. The employer shall make the individual available for the purpose of delivering a copy. The postsecondary education institution must make the individual's class schedule available to the process server or make the individual available for the purpose of delivering a copy. No employer or postsecondary education institution shall deny a process server admittance to the employer's or postsecondary education institution's premises for the purpose of making service under this section.
No service shall be allowed under this section unless such service is made personally on the individual.
Service of an employee at a place of employment or of a student at a postsecondary education institution applies only to: (a) a summons in an action for dissolution, annulment, legal separation, or under the Parentage Act and under section 518A.82; (b) orders to show cause under both section 518A.82 and the revised uniform Reciprocal Enforcement of Support Act as well as for contempt of court for failure to pay child support; (c) petitions under the Domestic Abuse Act; and (d) motions, orders, and judgments for the payment of child support when the court orders personal service.
An employer shall not discharge or otherwise discipline an employee, nor shall a postsecondary education institution dismiss or discipline a student as a result of service under this section.
For purposes of this section "postsecondary education institution" means any state university, community college, technical college, private college, private postsecondary school, or the University of Minnesota.
541.115 ACTIONS RELATING TO MAINTENANCE OF WATER LEVELS.
No action or proceeding against the state of Minnesota or its officers or agents shall be maintained on account of the construction, reconstruction, operation, or maintenance of any dam or appurtenant structures designed to maintain water levels above natural ordinary high or on account of the maintenance of such levels, where such levels have been maintained for a period of 15 years or more prior to January 1, 1941.
540.15 ASSOCIATES SUED AS PARTNERS.
When two or more persons transact business as associates and under a common name, whether such name comprise the names of such persons or not, they may be sued by such common name, and the summons may be served on one or more of them. The judgment in such case shall bind the joint property of all the associates, the same as though all had been named as defendants.
543.21 SERVICE OF CERTAIN GOVERNMENT ENTITIES.
If a writ is to be issued to, or a complaint is to be served on, a board or agency created by statute or home rule charter, the writ or complaint shall be captioned in the name of the board or agency and served on the chair or an officer of the board or agency.
542.17 EXPENSES PAID IN FIRST INSTANCE; REIMBURSEMENT.
When the venue shall be changed in a civil action upon the consent of parties, with or without an order of court, to a county other than the one where the same is properly triable or by an order of the court under section 542.11, clause (3) or (4), the expenses of the trial of such action, including officers and jurors fees, and all expenses caused by the trial of such action which would not otherwise have been incurred by the county where the same is tried shall be paid by the county in which such action was commenced.
Such expenses shall be paid in the first instance by the county in which the action is tried and thereupon the court administrator of that county shall prepare, under hand and seal, an itemized statement of such expenses and, upon approval thereof by the judge of the court in which the trial was had, and the filing of such itemized statement and approval in the office of the auditor of the county in which such action was commenced, such auditor shall issue a warrant for the amount of such approved statement in favor of the county in which the trial was had.
485.15 LAND TITLE REGISTRATION DOCUMENTS, DISPOSAL.
The court administrator of district court in any county of this state is hereby authorized to destroy or otherwise dispose of the files, and all documents contained therein, in all cases which are more than ten years old, and which relate only to proceedings subsequent to original registration of land titles wherein there are no defendants.
Nothing herein contained shall relieve such court administrator of district court from maintaining the books and index records required under sections 485.07, 485.08, and 485.10, including the filing data, of any files, of which such disposal is made.
554.20 NO WAIVER OF OTHER PLEADINGS OR DEFENSES.
A special motion for expedited relief under sections 554.07 to 554.19 is not meant to waive a defense or preclude the filing of another pleading or motion regarding the cause of action.
540.151 SUABILITY; COMMON NAME.
When two or more persons associate and act, whether for profit or not, under the common name, including associating and acting as a labor organization or employer organization, whether such common name comprises the names of such persons or not, they may sue in or be sued by such common name, and the summons may be served on an officer or a managing agent of the association. The judgment in such cases shall accrue to the joint or common benefit of and bind the joint or common property of the associates, the same as though all had been named as parties to the action. Any money judgment against a labor organization or employer organization shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or the member's assets.
542.18 STATE AS PARTY TO CIVIL ACTION; REMOVAL FROM RAMSEY COUNTY.
Notwithstanding any provision of law to the contrary, the trial of any civil action in the county of Ramsey to which the state or any officer, department or agency thereof is a party may, in the discretion of the court, be removed to any other county in which one of the parties resides on motion made to the court as in civil actions by any of the parties to the action, if the court finds (1) that removal 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 thereby. The motion may be submitted on pleadings mailed to the court without the necessity of personal appearance.
543.22 CIVIL ACTION SUMMONS NOTICE; ALTERNATIVE DISPUTE RESOLUTION PROCESS.
When a civil case is commenced against a party, the summons must include a statement that provides the opposing party with information about the alternative dispute resolution process as set forth in the Minnesota General Rules of Practice.
485.16 RECORD ALL ACTIONS FILED.
The court administrators of the district courts of the several counties shall keep a record of all actions and proceedings, civil and criminal, filed in the court, and shall furnish to the state appellate courts any information concerning the actions as is prescribed by rule of civil procedure.
The court administrator of the district court shall report to the supreme court within 30 days after a judge pronounces sentence following a felony conviction. The report must include the sentence pronounced, whether imposition was stayed, and other information requested by the supreme court.
541.13 ABSENCE FROM STATE.
When a cause of action accrues against a person who is out of the state and while out of the state is not subject to process under the laws of this state or after diligent search the person cannot be found for the purpose of personal service when personal service is required, an action may be commenced within the times herein limited after the person's return to the state; and if, after a cause of action accrues, the person departs from and resides out of the state and while out of the state is not subject to process under the laws of this state or after diligent search the person cannot be found for the purpose of personal service when personal service is required, the time of the person's absence is not part of the time limited for the commencement of the action.
540.152 SERVICE OF PROCESS ON UNIONS, GROUPS, OR ASSOCIATIONS.
The transaction of any acts, business, or activities within the state of Minnesota by any officer, agent, representative, employee, or member of any union or other groups or associations having officers, agents, members, or property without the state on behalf of the union or other groups or associations or any of its members or affiliated local unions shall be deemed an appointment by the union or other groups or associations of the secretary of state of the state of Minnesota to be the true and lawful attorney of the union or other groups or associations, upon whom may be served all legal processes or notices in any action or proceeding against or involving the union or other groups or associations growing out of any acts, business or activities within the state of Minnesota resulting in damage or loss to person or property or giving rise to any cause of action under the laws of the state of Minnesota or to any matters or proceedings arising under the Minnesota Labor Relations Act. Such acts, business, or activities shall be a signification of the agreement of the union or other groups or associations and its members that any process or notice in any action, matter, or proceeding against or involving it, which is so served, shall be of the same legal force and validity as if served upon the union or other groups or associations and its members personally. Service of process or notice shall be made according to section 5.25. The service shall be sufficient service upon the union or other groups or associations and its members.
543.23 UNENFORCEABLE SUBPOENAS.
(a) No subpoena shall be issued and no foreign subpoena shall be recognized in this state in a criminal or civil matter if the subpoena is related to a violation of another state's laws when the other state's laws are designed to interfere with an individual's right to receive gender-affirming health care. Failure to comply with a subpoena seeking information related to a person or entity allowing or assisting a child or an adult to receive gender-affirming health care when the information is being requested to enforce another state's laws that allow a civil or criminal action to be brought against a person for allowing or providing gender-affirming health care must not be the basis for contempt under section 588.01.
(b) "Gender-affirming health care" means medically necessary health care or mental health care that respects the gender identity of the patient, as experienced and defined by the patient, and that may include but is not limited to:
(1) interventions to suppress the development of endogenous secondary sex characteristics;
(2) interventions to align the patient's appearance or physical body with the patient's gender identity;
(3) interventions to alleviate the patient's symptoms of clinically significant distress resulting from gender dysphoria as defined in the current version of the Diagnostic and Statistical Manual of Mental Disorders; and
(4) developmentally appropriate exploration and integration of the patient's gender identity, reduction of the patient's distress, adaptive coping, and strategies to increase family acceptance of the patient's gender identity.
485.23 DESTRUCTION OF CERTAIN RECORDS.
The court administrator of the district court in all counties is authorized to destroy, or otherwise dispose of, the following documents on file in their respective offices under the conditions herein specified:
(1) not less than ten years after filing:
(i) county board petit jury lists, order to draw petit jury, venire for petit jury, order appointing bailiffs, copies of certificates for per diem and mileage for jurors, witnesses, and bailiffs, and copies of court calendars;
(ii) delinquent personal property tax lists;
(iii) all warrants and citations of personal property tax delinquents in which judgment for such delinquent taxes has not been entered;
(iv) notice of election or appointment, and notice of qualification of city and township officers on file in the court administrator of district court office.
(2) not less than two years from the date thereof:
(i) copies of law library receipts;
(ii) copies of certificates for payment of local registrars of vital records;
(iii) affidavits or statements on application for certified copies of records for veterans purposes or for use by branches of military service;
(iv) affidavits and prescriptions filed with court administrator of district court as provided in Laws 1919, chapter 455;
(v) all copies of rules of state departments filed with the court administrator of district court.
(3) not less than one year after the final determination of any civil action, and with the order of approval of any judge of the respective district:
(i) all exhibits, except written instruments, X-ray negatives, maps, surveys, plats, and profiles in drainage proceedings or other actions or proceedings affecting real estate or the title thereto;
(ii) settled cases, including stipulations for and order settling such case.
This section shall not affect any existing statute for destruction of files and documents in the court administrator of district court office in certain counties, or any special rule for destruction of records of the court administrator of district court office which may now be in effect or hereafter be adopted by the judge or judges of the respective judicial districts.
540.153 EXCEPTIONS.
Sections 540.151 to 540.153 shall not apply to any person or labor organization subject to the Federal Railway Labor Act, United States Code Annotated, title 45, chapter 8.
540.154 ACTIONS AGAINST UNIONS, GROUPS, OR ASSOCIATIONS; WHERE BROUGHT.
An action in a state court against an association referred to in section 540.151 shall be brought in district court in the county in which the organization maintains its principal office in this state or in the district court of the county in which the acts complained of occurred.
541.15 PERIODS OF DISABILITY NOT COUNTED.
(a) Except as provided in paragraph (b), any of the following grounds of disability, existing at the time when a cause of action accrued or arising anytime during the period of limitation, shall suspend the running of the period of limitation until the same is removed; provided that such period, except in the case of infancy, shall not be extended for more than five years, nor in any case for more than one year after the disability ceases:
(1) that the plaintiff is within the age of 18 years;
(2) the plaintiff's insanity;
(3) is an alien and the subject or citizen of a country at war with the United States;
(4) when the beginning of the action is stayed by injunction or by statutory prohibition.
If two or more disabilities shall coexist, the suspension shall continue until all are removed.
(b) In actions alleging malpractice, error, mistake, or failure to cure, whether based on contract or tort, against a health care provider, the ground of disability specified in paragraph (a), clause (1), suspends the period of limitation until the disability is removed. The suspension may not be extended for more than seven years, or for more than one year after the disability ceases.
For purposes of this paragraph, health care provider means a physician, surgeon, dentist, or other health care professional or hospital, including all persons or entities providing health care as defined in section 145.61, subdivisions 2 and 4, or a certified health care professional employed by or providing services as an independent contractor in a hospital.
541.16 PERIOD BETWEEN DEATH OF PARTY AND COMMENCEMENT OF ACTION.
If the death of a person occurs within the last year of the period of limitation for the commencement of an action, the action may be commenced by the personal representative at any time within one year after such death. If a cause of action survives against a decedent, which is not required by law to be presented as a claim against the decedent's estate, an action may be brought thereon against the personal representative of the decedent at any time within one year after death or within the limitation period otherwise prescribed, whichever is longer.
490.122 ADMINISTRATION OF JUDGES' RETIREMENT.
The policy-making, management, and administrative functions governing the operation of the judges' retirement fund and the administration of this chapter are vested in the board of directors and executive director of the Minnesota State Retirement System. In administering the plan and fund, the board and the director have the same duties, authority, and responsibility as are provided in chapter 352.
Except as otherwise specified, no provision of chapter 352 applies to the judges' retirement fund or any judge.
Fiduciary activities relating to the uniform judges' retirement plan must be undertaken in a manner consistent with chapter 356A.
541.17 NEW PROMISE MUST BE IN WRITING.
No acknowledgment or promise shall be evidence of a new or continuing contract sufficient to take the case out of the operation of this chapter unless the same is contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of a payment of principal or interest.
540.17 JOINDER OF CONNECTING CARRIERS.
When any personal property shall be transported by two or more connecting common carriers into or through this state and shall become injured or damaged during transportation, the consignor, consignee or owner thereof, or the owner's assignee, in an action to recover damages for such injury, may join as parties defendant one or more of such connecting common carriers with the last or delivering common carrier.
In any such action brought in any court of this state against the last or delivering carrier and any one or more connecting common carriers, it shall be sufficient for the plaintiff to allege in the complaint and prove upon the trial of such action, that such personal property was in good order and condition when delivered to the initial carrier, that the same was transported from the initial point of shipment to its destination by two or more connecting common carriers, including the defendants, that it was in whole or in part injured or damaged on arrival at destination, and the general nature and amount of such injury or damage thereto, and such proof shall be prima facie evidence that such injury or damage was caused by the negligence of all the defendants and the amount of loss or damage caused to such property by the negligence of each and every one of the defendants shall be determined by the jury upon the trial of the action from all the evidence in the case, and a verdict rendered accordingly.
540.18 DAMAGE BY MINOR; RESPONSIBILITY OF PARENT, GUARDIAN, AND MINOR.
The parent or guardian of a minor who is under the age of 18 and who is living with the parent or guardian and who willfully or maliciously causes injury to any person or damage to any property is jointly and severally liable with such minor for such injury or damage to an amount not exceeding $1,000, if such minor would have been liable for such injury or damage if the minor had been an adult. Nothing in this subdivision shall be construed to relieve such minor from personal liability for such injury or damage. The liability provided in this subdivision is in addition to and not in lieu of any other liability which may exist at law. Recovery under this section shall be limited to special damages.
This section shall not apply to persons having custody or charge of any minor under the authority of the Human Services or Corrections Department of the state.
485.27 DUTIES; ASSIGNMENT.
The court administrator, with approval of the county board of commissioners, may transfer to the county board of commissioners duties of the court administrator relating to vital records under sections 144.211 to 144.227, to notaries public under section 359.061, to hospital liens under sections 514.69 and 514.70, and to marriage licenses under chapter 517. The county board of commissioners shall assign these duties to the appropriate county department. In the event of full state funding of the court administrator's offices in a judicial district, the functions shall become county functions in that judicial district.
490.1221 JUDGES PLAN PROGRAMS.
(a) Members of the judges retirement plan are members of either the tier I or tier II program.
(b) A tier I program judge is a person who was first appointed or elected as a judge before July 1, 2013, who was not eligible for the tier II program because the judge had five or more years of allowable service on or before December 30, 2013, or did not elect that program.
(c) A tier II program judge is a person who:
(1) was first appointed or elected as a judge after June 30, 2013; or
(2) was first appointed or elected as a judge before July 1, 2013, had less than five years of allowable service on or before December 30, 2013, and made an election under Laws 2013, chapter 111, article 14, section 14, to be in the tier II program.
541.18 NEW ACTION IN CASE OF REVERSAL.
Except where the Uniform Commercial Code otherwise prescribes, if judgment be recovered by plaintiff in an action begun within the prescribed period of limitation and such judgment be afterward arrested or reversed on error or appeal, the plaintiff may begin a new action within one year after such reversal or arrest.
487.332 JOINT POWERS.
Nothing contained in Laws 1983, chapter 177 shall supersede any powers any governmental unit has under section 471.59.
490.1222 APPLICATION OF SERVICE CREDIT LIMIT.
The service credit limit specified in section 490.121, subdivision 22, does not apply to a judge in the tier II program.
488A.185 PLACE OF HOLDING COURT.
The county of Ramsey shall provide suitable quarters, as determined by the court, for the holding of regular terms of court at one centrally located site outside the city of Saint Paul and within the county of Ramsey.
541.22 LIMITATION ON ASBESTOS CLAIMS.
The legislature finds that it is in the interest of the general public, particularly those persons who may bring claims regarding materials containing asbestos and those against whom the claims may be brought, to set a specific date by which building owners must bring a cause of action for removal or other abatement costs associated with the presence of asbestos in their building. By enactment of this statute of limitations the legislature does not imply that suits would otherwise be barred by an existing limitations period.
Notwithstanding any other law to the contrary, an action to recover for (1) removal of asbestos or materials containing asbestos from a building, (2) other measures taken to locate, correct, or ameliorate any problem related to asbestos in a building, or (3) reimbursement for removal, correction, or amelioration of an asbestos problem that would otherwise be barred before July 1, 1990, as a result of expiration of the applicable period of limitation, is revived or extended. An asbestos action revived or extended under this subdivision may be begun before July 1, 1990.
490.125 MANDATORY RETIREMENT.
Except as otherwise provided in this chapter, a judge shall terminate active service as a judge on the judge's mandatory retirement date.
Any judge in office on December 31, 1973 who shall have attained 70 years of age on or prior to such date shall retire upon the expiration of the term of office of such judge.
541.20 RECOVERY OF MONEY LOST.
Every person who, by playing at cards, dice, or other game, or by betting on the hands or sides of such as are gambling, shall lose to any person so playing or betting any sum of money or any goods, and pays or delivers the same, or any part thereof, to the winner, may sue for and recover such money by a civil action, before any court of competent jurisdiction. For purposes of this section, gambling shall not include pari-mutuel wagering conducted under a license issued pursuant to chapter 240, purchase or sale of tickets in the State Lottery, or gambling authorized under chapters 349 and 349A.
541.21 COMMITMENTS FOR GAMBLING DEBT VOID.
Every note, bill, bond, mortgage, or other security or conveyance in which the whole or any part of the consideration shall be for any money or goods won by gambling or playing at cards, dice, or any other game whatever, or by betting on the sides or hands of any person gambling, or for reimbursing or repaying any money knowingly lent or advanced at the time and place of such gambling or betting, or lent and advanced for any gambling or betting to any persons so gambling or betting, shall be void and of no effect as between the parties to the same, and as to all persons except such as hold or claim under them in good faith, without notice of the illegality of the consideration of such contract or conveyance. The provisions of this section shall not apply to: (1) pari-mutuel wagering conducted under a license issued pursuant to chapter 240; (2) purchase of tickets in the State Lottery under chapter 349A; (3) gaming activities conducted pursuant to the Indian Gaming Regulatory Act, United States Code, title 25, section 2701 et seq.; or (4) lawful gambling activities permitted under chapter 349.
541.30 DEFINITIONS.
For the purposes of sections 541.30 to 541.35, the following terms have the meanings given them:
(1) "claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute; and
(2) "state" means a state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political subdivision of any of them.
487.35 JUSTICES OF THE PEACE; ABOLISHED.
The Office of Justice of the Peace is abolished.
[Repealed, 1977 c 432 s 49]
[Repealed, 1977 c 432 s 49]
[Repealed, 1977 c 432 s 49]
[Repealed, 1977 c 432 s 49]
[Repealed, 1977 c 432 s 49]
490.126 PROCEDURES.
Proceedings for compulsory retirement of a judge, if necessary, must be conducted in accordance with rules issued by the supreme court under section 490A.02.
Any judge may make written application to the governor for retirement. The governor thereupon shall direct the judge's retirement by written order which, when filed in the Office of the Secretary of State, effects a vacancy in the office to be filled as provided by law.
An application for an annuity or a refund under this chapter may be made by the potential annuitant or by someone authorized to act for the potential annuitant. Every application for an annuity or refund, accompanied by a proof of age and by a record of years of service when required, must be submitted to the executive director of the Minnesota State Retirement System in a form prescribed by the director. Except as provided for in this chapter, the application for an annuity, benefit, or refund under this chapter must comply with the filing procedures in section 352.115, subdivision 7a.
Unless otherwise specifically provided by statute or agreed upon by the annuitant and the board of directors of the Minnesota State Retirement System, annuities payable under this chapter must be paid in the manner and at the intervals as prescribed by the executive director of the Minnesota State Retirement System. The annuity ceases with the last payment received by the annuitant while living.
The provisions of section 356.401 apply to the judges retirement plan.
541.31 CONFLICT OF LAWS; LIMITATION PERIODS.
(a) Except as provided by subdivision 2 and section 541.33, if a claim is substantively based:
(1) upon the law of one other state, the limitation period of that state applies; or
(2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies.
(b) The limitation period of this state applies to all other claims.
If a cause of action arises outside of this state and the action is barred under the applicable statute of limitations of the place where it arose, the action may be maintained in this state if the plaintiff is a resident of this state who has owned the cause of action since it accrued and the cause of action is not barred under the applicable statute of limitations of this state.
541.32 RULES APPLICABLE TO COMPUTATION OF LIMITATION PERIOD.
If the statute of limitations of another state applies to the assertion of a claim in this state, the other state's relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply.
541.33 UNFAIRNESS.
If the court determines that the limitation period of another state applicable under sections 541.31 and 541.32 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.
488A.25 MISDEMEANOR VIOLATIONS BUREAUS.
Misdemeanor violations bureaus shall be established within those municipalities in which court sessions are conducted and at such additional places as a majority of the judges of the court establish consistent with rule 23 of the Rules of Criminal Procedure.
The court shall supervise and the administrator shall operate the misdemeanor violations bureaus in accordance with rule 23 of the Rules of Criminal Procedure. The administrator shall assign a sufficient number of employees to staff and operate the bureaus.
The administrator shall perform the duties relating to misdemeanor violations bureaus authorized to be performed by the court administrator pursuant to rule 23 of the Rules of Criminal Procedure.
541.34 EXISTING AND FUTURE CLAIMS.
Sections 541.30 to 541.35 apply to claims arising from incidents occurring on or after August 1, 2004.
541.35 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Sections 541.30 to 541.34 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of sections 541.30 to 541.34 among the states enacting them.
541.36 SHORT TITLE.
Sections 541.30 to 541.35 may be cited as the Uniform Conflict of Laws-Limitations Act.
490.133 RETIREMENT; TRANSITION; TRANSFER TO COURT OF APPEALS.
(a) If a judge to whom or to whose survivors benefits would be payable under Minnesota Statutes 2004, sections 490.101 to 490.12, is elected or appointed to the court of appeals, that judge and the judge's survivors continue to be eligible for benefits under those sections and not under sections 490.121 to 490.126.
(b) In the case of a judge to whom paragraph (a) applies, the service of the judge in the court of appeals must be added to the prior service as district judge, probate judge, or judge of any other court of record in determining eligibility and the compensation of a judge of the court of appeals at the time of the judge's death, disability, or retirement is the "compensation allotted to the office" for the purposes of calculating benefit amounts.
(c) All other judges of the court of appeals and their survivors are subject to the retirement and survivor's annuity provisions of this chapter.
556.01 USURPATION OF OFFICE, ILLEGAL ACT.
When the attorney general has reason to believe that a cause of action can be proved, the attorney general may bring an action in the name of the state, upon the complaint of a private person, or upon other information, against the person offending, in the following cases:
(1) when any person usurps, intrudes into, or unlawfully holds or exercises any public office or any franchise, or any office in a corporation created by authority of the state;
(2) when any public officer does or suffers an act which by law causes a forfeiture of office; or
(3) when an association or number of persons acts as a corporation without being duly incorporated.
556.02 USURPING OFFICE; COMPLAINT; JUDGMENT.
When such action is brought against a person for usurping an office, the attorney general, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, and by what right; and in every such case judgment may be rendered upon the right of the defendant, and also upon that of the person so alleged to be entitled, if justice shall require.
556.03 CLAIMANT TO HAVE OFFICE.
If judgment be rendered in favor of the person so alleged to be entitled, that person may assume the office, and, by order of the court, may be put in possession thereof, and of the books and papers belonging thereto, and may recover, by action, any damages sustained by reason of such usurpation.
556.04 CLAIMANTS MAY BE JOINED.
When there are several claimants to the same office or franchise, one action may be brought against all to determine their respective rights.
556.05 JUDGMENT FOR USURPATION; FINE.
When a person or corporation is adjudged guilty of usurping, intruding into, or unlawfully holding or exercising any office, franchise, or privilege, the court shall render judgment excluding the defendant from the office, franchise, or privilege and may also impose a fine of not more than $3,000.
556.06 ACT OF INCORPORATION, ANNULMENT.
The attorney general may bring an action in the name of the state against a corporation to annul the act of incorporation, or of renewal thereof, on the ground that such act was procured upon some fraudulent suggestion, or concealment of a material fact, by some or all of the incorporators, or with their knowledge and consent.
556.07 CORPORATE CHARTER, VACATION.
An action may be brought by the attorney general in the name of the state to vacate the charter or annul the existence of a corporation, other than municipal, whenever such corporation:
(1) offends against any act creating, altering, or renewing it;
(2) violates any provision of law whereby it forfeits its charter by abuse of its powers;
(3) forfeits its privileges or franchises by failure to exercise its powers;
(4) does or omits any act amounting to a surrender of its corporate rights, privileges, and franchises; or
(5) exercises a franchise or privilege not conferred upon it by law.
The attorney general shall bring action in every case of public interest, whenever the attorney general has reason to believe that any of these acts or omissions can be proved, and in every other case in which satisfactory security shall be given to indemnify the state against costs and expenses.
556.08 CORPORATION, WHEN DISSOLVED.
If the court shall determine that a corporation, by neglect, abuse, or surrender, has forfeited its corporate rights, privileges, and franchises, it shall adjudge that it be excluded therefrom and be dissolved.
556.09 COSTS.
If judgment be rendered in such action against a corporation, or against persons claiming to be such, the court may cause the costs therein to be collected by execution against such persons, or by process against the directors or other officers of such corporation.
556.10 JUDGMENT AGAINST CORPORATION; RECEIVER.
When such judgment is rendered against a corporation, the court may restrain it, appoint a receiver of its property, and make distribution thereof among its creditors, for which purpose the attorney general shall forthwith institute proceedings.
556.11 LETTERS PATENT, VACATION.
The attorney general may bring an action in the name of the state to vacate or annul letters patent granted by the state, whenever the attorney general has reason to believe:
(1) that such letters were obtained by means of some fraudulent suggestion or concealment of a material fact, made by or with the consent or knowledge of the person to whom they were issued;
(2) that such letters were issued through mistake, or in ignorance of a material fact; or
(3) that the patentee, or those claiming under the patentee, have done or omitted an act in violation of the terms and conditions on which the letters were granted, or have by any other means forfeited the interest acquired thereunder.
556.12 JUDGMENT ROLL; COPY FILED.
Upon rendition of such judgment against a corporation, or for the vacating or annulling of letters patent, the attorney general shall forthwith cause a copy of the judgment roll to be filed with the secretary of state.
556.13 RELATER TO BE JOINED.
When an action is brought by virtue of this chapter on the complaint or information of any person having an interest therein, the name of such person shall be joined with the state as plaintiff.
557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE.
Any nonresident person or corporation owning or claiming any interest or lien in or upon lands in the state may file with the secretary of state a writing, executed and acknowledged in the manner of a conveyance, appointing a resident agent, whose place of residence shall be stated, to accept service of process or summons in any action or proceeding in the courts of the state concerning such interest or lien, except actions or proceedings for the collection of taxes, and consenting that service of such process or summons upon such agent shall be binding upon the person executing the same. Such writing shall be recorded by the secretary. No service by publication of summons shall be made upon any such nonresident who has complied with the provisions hereof, but in all such cases service of such process or summons, or of any writ or notice in the action or proceedings, shall be made upon such agent in the manner provided by law for such service upon residents of the state, and have the same effect as personal service within the state upon such owner or claimant; but, if such party appears by attorneys therein, the service of papers shall thereafter be upon such attorney. The authority of such agent may be revoked by writing similarly executed and acknowledged and recorded, but no revocation shall affect any action or proceeding then pending. The fee for each filing made under this section is $50.