reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.914 — Objection To Exemption Claim.

571.914 OBJECTION TO EXEMPTION CLAIM.
Subdivision 1.
Objections and request for hearing.
An objection shall be interposed, within six business days of receipt by the creditor of an exemption claim from the debtor, by mailing or delivering one copy of the Notice of Objection and Notice of Hearing to the financial institution and one copy of the Notice of Objection and Notice of Hearing to the debtor.
The Notice of Objection and Notice of Hearing form must be substantially in the form set out in subdivision 2.
The court administrator may charge a fee of $1 for the filing of a Notice of Objection and Notice of Hearing. Upon the filing of a Notice of Objection and Notice of Hearing, the court administrator shall schedule the matter for hearing no sooner than five business days but no later than seven business days from the date of filing. A debtor may request continuance of the hearing by notifying the creditor and the court. The court shall schedule the continued hearing within seven days of the original hearing date.
An order stating whether the debtor's funds are exempt shall be issued by the court within three days of the date of the hearing.
Subd. 2.
Form of Notice of Objection and Notice of Hearing.
The Written Objection and Notice of Hearing must be in substantially the following form:
DISTRICT COURT
. JUDICIAL DISTRICT
CREDITOR'S NOTICE OF OBJECTION
AND NOTICE OF HEARING ON
EXEMPTION CLAIM
NOTICE OF HEARING
The creditor objects to your exemption claim. This hearing is to resolve your exemption claim.
Hearing Date:
.
Time:
.
Hearing Place:
.
The creditor objects to your claim of exemption from garnishment for the following reason(s):
.
.
.
(Note: Bring with you to the hearing all documents and materials supporting your exemption claim.
Failure to do so could delay the court's decision.
)
If the creditor receives all documents and materials supporting your exemption claim before the hearing date, the creditor may agree with your claim and you can avoid a hearing.
Because a court hearing will be held on your claim that your funds are protected, your financial institution will retain the funds until it receives an order from the court.
Subd. 3.
[Repealed by amendment, 2009 c 31 s 10]
Subd. 4.
Duties of financial institution if objection is made to exemption claim.
Upon receipt of a Notice of Objection and Notice of Hearing from the creditor within the specified six-day period, the financial institution shall retain the funds claimed to be exempt. The financial institution shall retain the funds claimed to be exempt until otherwise ordered by the court, upon mutual agreement of the parties, or until the garnishment lapses pursuant to section 571.79.
History:
1990 c 606 art 3 s 26; 1992 c 464 art 1 s 56; 2000 c 405 s 23; 2009 c 31 s 10; 2010 c 382 s 80
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.915 — Release Of Funds.

571.915 RELEASE OF FUNDS.
At any time the debtor or the creditor may, by a writing dated after the service of the garnishment summons, direct the financial institution to release the funds in question to the other party. Upon receipt of a release, the financial institution shall release the funds as directed.
History:
1990 c 606 art 3 s 27
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.92 — Garnishment Of Earnings.

571.92 GARNISHMENT OF EARNINGS.
Sections 571.921 to 571.926 relate to the garnishment of earnings.
History:
1990 c 606 art 3 s 28
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.921 — Definitions.

571.921 DEFINITIONS.
For purposes of sections 571.921 to 571.926, the following terms have the meanings given them:
(a) "Earnings" means:
(1) compensation paid or payable to an employee for personal service whether denominated as wages, salary, commissions, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program;
(2) compensation paid or payable to the producer for the sale of agricultural products; livestock or livestock products; milk or milk products; or fruit or other horticultural products produced when the producer is operating a family farm, a family farm corporation, or an authorized farm corporation, as defined in section 500.24, subdivision 2; or
(3) maintenance as defined in section 518.003, subdivision 3a.
(b) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld.
(c) "Employee" means an individual who performs services subject to the right of the employer to control both what is done and how it is done.
(d) "Employer" means a person for whom an individual performs services as an employee.
History:
1990 c 606 art 3 s 29; 1998 c 382 art 2 s 19; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.922 — Limitation On Wage Garnishment.

571.922 LIMITATION ON WAGE GARNISHMENT.
(a) Unless the judgment is for child support, the maximum part of the aggregate disposable earnings of an individual for any pay period subjected to garnishment may not exceed the lesser of:
(1) 25 percent of the debtor's disposable earnings; or
(2) the amount by which the debtor's disposable earnings exceed the greater of:
(i) 40 times the hourly wage described in section 177.24, subdivision 1, paragraph (b), clause (1), item (iii); or
(ii) 40 times the federal minimum hourly wages prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938, United States Code, title 29, section 206(a)(1). The calculation of the amount that is subject to garnishment must be based on the hourly wage in effect at the time the earnings are payable, times the number of work weeks in the pay period. When a pay period consists of other than a whole number of work weeks, each day of that pay period in excess of the number of completed work weeks shall be counted as a fraction of a work week equal to the number of excess workdays divided by the number of days in the normal work week.
(b) If the judgment is for child support, the garnishment may not exceed:
(1) 50 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received);
(2) 55 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the garnishment summons is received);
(3) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received); or
(4) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the garnishment summons is received).
Wage garnishments on judgments for child support are effective until the judgments are satisfied if the judgment creditor is a county and the employer is notified by the county when the judgment is satisfied.
(c) No court may make, execute, or enforce an order or any process in violation of this section.
History:
1990 c 606 art 3 s 30; 1991 c 156 s 20; 1993 c 156 s 18; 2020 c 86 art 4 s 20
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.923 — Multiple Earnings Garnishments.

571.923 MULTIPLE EARNINGS GARNISHMENTS.
Except as otherwise provided in this chapter or section 518A.53, the priority of multiple earnings garnishments shall be determined by the order in which the garnishment summonses were served on the employer. If the employer is served with two or more garnishment summonses at the same time on the same day, the garnishment summons issued pursuant to the first judgment entered has priority. If two or more garnishment summonses are served on the same day and are based on judgments entered on the same day or if there are two or more garnishment summonses based on prejudgment garnishment pursuant to section 571.93, then the employer shall select the priority of the earnings garnishments. However, in all cases except wage garnishments on judgments for child support if the judgment creditor is a county and the employer is notified by the county when the judgment is satisfied, garnishments shall be effective no longer than 90 days from the date of the service of the garnishment summons.
History:
1990 c 606 art 3 s 31; 1993 c 156 s 19; 1997 c 203 art 6 s 92; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2020 c 86 art 4 s 21
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.924 — Garnishment Exemption Notice.

571.924 GARNISHMENT EXEMPTION NOTICE.
Subdivision 1.
Requirement.
The creditor shall serve upon the debtor, no less than ten days before the service of the garnishment summons, a notice that a summons may be issued. The notice shall: (1) be substantially in the form set out in section 571.925; (2) be served personally, in the manner of a summons and complaint, or by first class mail to the last known address of the debtor; (3) inform the debtor that a garnishment summons may be served on the debtor's employer after ten days, and that the debtor may, within that time, cause to be served on the creditor a signed statement under penalties of perjury asserting an entitlement to an exemption from garnishment; (4) inform the debtor of the earnings garnishment exemptions contained in section 550.37, subdivision 14; and (5) advise the debtor of the relief set forth in this chapter to which the debtor may be entitled if a creditor in bad faith disregards a valid claim and the fee, costs, and penalty that may be assessed against a debtor who in bad faith falsely claims an exemption or in bad faith takes action to frustrate the garnishment process.
Subd. 2.
Additional notices.
If the garnishment summons has not been served within one year after service of the notice, the creditor shall serve another notice upon the debtor before serving the garnishment summons on the debtor's employer. If more than one year has passed since the service of the creditor's most recent garnishment summons, the creditor shall, no less than ten days before service of another garnishment summons, serve notice that another garnishment summons may be served.
History:
1990 c 606 art 3 s 32
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.926 — Proceedings If No Exemption Statement Is Received.

571.926 PROCEEDINGS IF NO EXEMPTION STATEMENT IS RECEIVED.
If no statement of exemption is received by the creditor on an earnings garnishment within ten days from the service of the notice, the creditor may proceed with the garnishment. Failure of the debtor to serve a statement does not constitute a waiver of any right the debtor may have to an exemption. If the statement of exemption is received by the creditor, the creditor may still cause a garnishment summons to be issued subject to sanctions provided in section 571.72, subdivision 6.
History:
1990 c 606 art 3 s 34
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.927 — Penalty For Retaliation For Garnishment.

571.927 PENALTY FOR RETALIATION FOR GARNISHMENT.
Subdivision 1.
Prohibition.
An employer shall not discharge or otherwise discipline an employee as a result of an earnings garnishment authorized by this chapter.
Subd. 2.
Remedy.
If an employer violates this section, a court may order the reinstatement of an aggrieved party who demonstrates a violation of this section, and other relief the court considers appropriate. The aggrieved party may bring a civil action within 90 days of the date of the prohibited action. If an employer-employee relationship existed before the violation of this section, the employee shall recover twice the wages lost as a result of this violation.
Subd. 3.
Nonwaiver.
The rights guaranteed by this section may not be waived or altered by employment contract.
History:
1990 c 606 art 3 s 35
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 571 — Garnishment › Section 571.93 — Garnishment Before Judgment Or Default.

571.93 GARNISHMENT BEFORE JUDGMENT OR DEFAULT.
Subdivision 1.
Grounds.
The court may order the issuance of a garnishment summons before judgment or default in the civil action, if a summons and complaint, or copies of these documents, are filed with the appropriate court, and if, upon application to the court, it appears that any of the following grounds exist:
(1) the debtor has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of the debtor's nonexempt property, with intent to delay or defraud any of debtor's creditors;
(2) the debtor has removed, or is about to remove, any of the debtor's nonexempt property from this state, with intent to delay or defraud any of debtor's creditors;
(3) the debtor has converted or is about to convert any of the debtor's nonexempt property into money or credits, for the purpose of placing the property beyond the reach of any of debtor's creditors;
(4) the debtor has committed an intentional fraud giving rise to the claim upon which the civil action is brought;
(5) the debtor has committed any act or omission, for which the debtor has been convicted of a felony, giving rise to the claim upon which the civil action is brought; or
(6) the purpose of the garnishment is to establish quasi in rem jurisdiction and
(i) debtor is a resident individual having left the state with intent to defraud creditors, or to avoid service; or
(ii) a judgment had previously been obtained in another state consistent with due process; or
(iii) the claim in the civil action is directly related to and arises from the property sought to be attached; or
(iv) no forum is available to obtain a personal judgment against the debtor in the United States or elsewhere; or
(7) the creditor has been unable to serve upon the debtor the summons and complaint in the civil action because the debtor has been inaccessible due to residence and employment in a building where access is restricted.
Subd. 2.
Notice and hearing requirements.
If the garnishment is before notice and hearing, the requirements of section 571.931 must be met. If the garnishment is after notice and hearing, the requirements of section 571.932 must be met.
History:
1990 c 606 art 3 s 36
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.31 — Minnesota Civil Mediation Act, Citation.

572.31 MINNESOTA CIVIL MEDIATION ACT, CITATION.
Sections 572.31 to 572.40 may be cited as the "Minnesota Civil Mediation Act."
History:
1984 c 646 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.33 — Definitions.

572.33 DEFINITIONS.
Subdivision 1.
Scope.
When used in sections 572.31 to 572.40 the terms defined in this section have the meanings given them.
Subd. 2.
Mediator.
"Mediator" means a third party with no formal coercive power whose function is to promote and facilitate a voluntary settlement of a controversy identified in an agreement to mediate.
Subd. 3.
Agreement to mediate.
"Agreement to mediate" means a written agreement which identifies a controversy between the parties to the agreement, states that the parties will seek to resolve the controversy through mediation, provides for termination of mediation upon written notice from either party or the mediator delivered by certified mail or personally to the other people who signed the agreement, is signed by the parties and mediator and is dated.
Subd. 4.
Mediated settlement agreement.
"Mediated settlement agreement" means a written agreement setting out the terms of a partial or complete settlement of a controversy identified in an agreement to mediate, signed by the parties, and dated.
Subd. 5.
Nonprofit regional alternative dispute resolution corporation.
"Nonprofit regional alternative dispute resolution corporation" has the meaning given in section 480.24, subdivision 5.
History:
1984 c 646 s 2; 1986 c 398 art 17 s 3,4
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.35 — Effect Of Mediated Settlement Agreement.

572.35 EFFECT OF MEDIATED SETTLEMENT AGREEMENT.
Subdivision 1.
General.
The effect of a mediated settlement agreement shall be determined under principles of law applicable to contract. A mediated settlement agreement is not binding unless:
(1) it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; or
(2) the parties were otherwise advised of the conditions in clause (1).
Subd. 2.
Debtor and creditor mediation.
In addition to the requirements of subdivision 1, a mediated settlement agreement between a debtor and creditor is not binding until 72 hours after it is signed by the debtor and creditor, during which time either party may withdraw consent to the binding character of the agreement.
History:
1984 c 646 s 3; 1986 c 398 art 17 s 5; 1999 c 190 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.36 — Setting Aside Or Reforming A Mediated Settlement Agreement.

572.36 SETTING ASIDE OR REFORMING A MEDIATED SETTLEMENT AGREEMENT.
In any action, a court of competent jurisdiction shall set aside or reform a mediated settlement agreement if appropriate under the principles of law applicable to contracts, or if there was evident partiality, corruption, or misconduct by a mediator prejudicing the rights of a party. That the relief could not or would not be granted by a court of law or equity is not ground for setting aside or reforming the mediated settlement agreement unless it violates public policy.
History:
1984 c 646 s 4
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.37 — Presentation Of Mediator To Public.

572.37 PRESENTATION OF MEDIATOR TO PUBLIC.
No individual may act as a mediator pursuant to the Minnesota Civil Mediation Act for compensation without providing the individuals to the conflict with a written statement of qualifications prior to beginning mediation. The statement shall describe educational background and relevant training and experience in the field.
Nothing in this section shall limit the pursuits of professionals consistent with their training and code of ethics; nor shall this section apply to service provided through a governmental agency. The requirement of this section may be satisfied by a nonprofit corporation on behalf of its service providers by providing a statement of the education, training, and experience requirements for eligibility on its mediation panel.
A person who violates this section is guilty of a petty misdemeanor.
History:
1984 c 646 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.39 — Statutes Of Limitation.

572.39 STATUTES OF LIMITATION.
The running of the limitation of time within which an action may be brought is suspended from the date of the agreement to mediate until 20 days after notice of termination of mediation is delivered by certified mail or personally delivered as provided in the agreement to mediate.
History:
1984 c 646 s 6
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.40 — Scope.

572.40 SCOPE.
Sections 572.31 to 572.36 do not apply to proceedings relating to the determination of criminal liability or proceedings brought under chapters 518, 518A, 518B, and 518C, or proceedings relating to guardianship, conservatorship, or civil commitment.
History:
1984 c 646 s 7
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572 — Arbitration; Mediation › Section 572.41 — Debtor And Creditor Mediation.

572.41 DEBTOR AND CREDITOR MEDIATION.
Subdivision 1.
General.
The debtor and creditor in any transaction may request the other party to the transaction to enter mediation concerning possible adjustment, refinancing, or payment under this section and sections 572.31 to 572.40.
Subd. 2.
Mediators.
An individual who meets the qualifications established under subdivision 5 and who is willing to mediate in matters involving debtors and creditors may register with a nonprofit regional alternative dispute resolution corporation or, in a county where one does not exist, with the court administrator. The court administrator shall develop a list of mediators available in the county. It is desirable but not necessary that mediators under this section have knowledge of debtor and creditor law and relevant areas of finance. A mediator must not mediate a matter involving a debtor or creditor with whom the mediator has or has had a credit relationship.
Subd. 3.
Request for mediator.
A debtor and creditor who agree to mediate may submit a written request for referral to a mediator to the court administrator in the county where either party resides or has a place of business. The court administrator shall assign a mediator from the list developed under subdivision 2. The court administrator may charge a fee for the referral not to exceed the conciliation court fee in that county.
Subd. 4.
Compensation.
Prior to commencing mediation the debtor and creditor shall agree with each other and the mediator on the amount and allocation between them of any fee for the mediator's services.
Subd. 5.
Rules.
The state court administrator, in consultation with the Bureau of Mediation Services, shall adopt rules to implement this section and may use portions of existing rules on certification of alternative dispute resolution programs that satisfy the purposes of this section. The rules must include qualifications of mediators under this section and grounds for challenging and removing mediators.
History:
1986 c 398 art 17 s 6
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572A — Land Use Planning Dispute Resolution › Section 572A.01 — Comprehensive Planning Disputes; Mediation.

572A.01 COMPREHENSIVE PLANNING DISPUTES; MEDIATION.
Subdivision 1.
Filing.
In the event of a dispute between a county and a city under section 462.3535, regarding the development, content, or approval of a community-based comprehensive land use plan, an aggrieved party may file a written request for mediation, as provided in subdivision 2, with the Bureau of Mediation Services at any time prior to a final action on a community-based comprehensive plan or within 30 days of a final action on a community-based comprehensive plan.
Subd. 2.
Mediation.
Within ten days of receiving a request for mediation in subdivision 1, the Bureau of Mediation Services shall provide written notice of the request for mediation to the parties and provide a list of neutrals experienced in land use planning or local government issues obtained from the supreme court, chief administrative law judge of the state Office of Administrative Hearings, Bureau of Mediation Services, Minnesota State Bar Association, Hennepin County Bar Association, Office of Dispute Resolution, and others. Within 30 days thereafter, the affected parties shall select a mediator from the list of neutrals or someone else acceptable to the parties and submit to mediation for a period of 30 days facilitated by the bureau. If the dispute remains unresolved after the close of the 30-day mediation period, the bureau shall prepare a report of its recommendations and transmit the report within 30 days to the parties. Within 60 days after the date of issuance of the mediator's report, the dispute shall be submitted to binding arbitration as provided in this chapter. The mediator's report submitted to the parties is informational only and is not admissible in arbitration.
History:
1997 c 202 art 6 s 1; 2008 c 196 art 2 s 12; 2011 c 76 art 4 s 4
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572A — Land Use Planning Dispute Resolution › Section 572A.015 — Chapter 414 Disputes; Mediation.

572A.015 CHAPTER 414 DISPUTES; MEDIATION.
Subdivision 1.
[Repealed, 2003 c 2 art 5 s 17]
Subd. 2.
Mediation.
Within ten days of receiving a request for mediation that the chief administrative law judge of the state Office of Administrative Hearings has required under section 414.12, subdivision 1, the bureau shall provide written notice of the request for mediation to the parties and provide a list of neutrals experienced in land use planning and local government issues obtained from the supreme court, Bureau of Mediation Services, Minnesota State Bar Association, Hennepin County Bar Association, Office of Dispute Resolution, and others. Within 30 days thereafter, the affected parties, shall select a mediator from the list of neutrals or someone else acceptable to the parties and submit to mediation for a period of 30 days facilitated by the bureau. If the dispute remains unresolved after the close of the 30-day mediation period, the bureau shall prepare a report of its recommendations and transmit the report within 30 days to the parties. Within 60 days after the date of issuance of the mediator's report, the dispute shall be submitted to binding arbitration as provided in this chapter. The mediator's report submitted to the parties is informational only and is not admissible in arbitration.
History:
1997 c 202 art 6 s 2; 2003 c 2 art 5 s 14; 2008 c 196 art 2 s 13
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.01 — Definitions.

572B.01 DEFINITIONS.
In sections 572B.01 to 572B.31:
(1) "Arbitration organization" means a neutral association, agency, board, commission, or other entity that initiates, sponsors, or administers arbitration proceedings or is involved in the appointment of arbitrators.
(2) "Arbitrator" means an individual appointed to render an award in a controversy between persons who are parties to an agreement to arbitrate.
(3) "Authenticate" means:
(A) to sign; or
(B) to execute or adopt a record by attaching to or logically associating with the record, an electronic sound, symbol, or process with the intent to sign the record.
(4) "Court" means a court of competent jurisdiction in this state.
(5) "Knowledge" means actual knowledge.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
History:
2010 c 264 art 1 s 1,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.02 — Notice.

572B.02 NOTICE.
Unless the parties to an agreement to arbitrate otherwise agree or except as otherwise provided in sections 572B.01 to 572B.31, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in the ordinary course of business, whether or not the other person acquires knowledge of the notice. A person has notice if the person has knowledge of the notice or has received notice. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.
History:
2010 c 264 art 1 s 2,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.03 — When Act Applies.

572B.03 WHEN ACT APPLIES.
(a) Sections 572B.01 to 572B.31 govern agreements to arbitrate entered into:
(1) on or after August 1, 2011; and
(2) before August 1, 2011, if all parties to the agreement to arbitrate or to arbitration proceedings agree in a record to be governed by sections 572B.01 to 572B.31.
(b) On or after August 1, 2011, sections 572B.01 to 572B.31 govern agreements to arbitrate even if the arbitration agreement was entered into prior to August 1, 2011.
History:
2010 c 264 art 1 s 3,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.04 — Effect Of Agreement To Arbitrate; Nonwaivable Provisions.

572B.04 EFFECT OF AGREEMENT TO ARBITRATE; NONWAIVABLE PROVISIONS.
(a) Except as otherwise provided in subsections (b) and (c), the parties to an agreement to arbitrate or to an arbitration proceeding may waive or vary the requirements of sections 572B.01 to 572B.31 to the extent permitted by law.
(b) Before a controversy arises that is subject to an agreement to arbitrate, the parties to the agreement may not:
(1) waive or vary the requirements of section 572B.05, subsection (a); 572B.06, subsection (a); 572B.08; 572B.17, subsection (a) or (b); 572B.26; or 572B.27;
(2) unreasonably restrict the right under section 572B.09 to notice of the initiation of an arbitration proceeding;
(3) unreasonably restrict the right under section 572B.12 to disclosure of any facts by a neutral arbitrator; or
(4) waive the right under section 572B.16 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under sections 572B.01 to 572B.31, except that an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c) The parties to an agreement to arbitrate may not waive or vary the requirements of this section or section 572B.03, subsection (a)(1) or (b); 572B.07; 572B.14; 572B.18; 572B.20, subsection (c) or (d); 572B.22; 572B.23; 572B.24; 572B.25, subsection (a) or (b); 572B.29; 572B.30; or 572B.31.
History:
2010 c 264 art 1 s 4,33; 2014 c 275 art 1 s 127
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.05 — Application To Court.

572B.05 APPLICATION TO COURT.
(a) Except as otherwise provided in section 572B.28, an application for judicial relief under sections 572B.01 to 572B.31 must be made by motion to the court and heard in the manner and upon the notice provided by law or rule of court for making and hearing motions.
(b) Notice of an initial motion to the court under sections 572B.01 to 572B.31 must be served in the manner provided by law for the service of a summons in a civil action unless a civil action is already pending involving the agreement to arbitrate.
History:
2010 c 264 art 1 s 5,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.06 — Validity Of Agreement To Arbitrate.

572B.06 VALIDITY OF AGREEMENT TO ARBITRATE.
(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.
(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate, except in the case of a grievance arising under a collective bargaining agreement when an arbitrator shall decide.
(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
History:
2010 c 264 art 1 s 6,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.07 — Motion To Compel Or Stay Arbitration.

572B.07 MOTION TO COMPEL OR STAY ARBITRATION.
(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue. Unless the court finds that there is no enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
(c) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(d) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be filed in that court. Otherwise, a motion under this section may be filed in any court as required by section 572B.27.
(e) If a party files a motion with the court to order arbitration under this section, the court shall on just terms stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(f) If the court orders arbitration, the court shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may sever it and limit the stay to that claim.
History:
2010 c 264 art 1 s 7,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.08 — Provisional Remedies.

572B.08 PROVISIONAL REMEDIES.
(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(b) After an arbitrator is appointed and is authorized and able to act, the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action. After an arbitrator is appointed and is authorized and able to act, a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act in a timely manner or if the arbitrator cannot provide an adequate remedy.
(c) A motion to a court for a provisional remedy under subsection (a) or (b) does not waive any right of arbitration.
History:
2010 c 264 art 1 s 8,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.09 — Initiation Of Arbitration.

572B.09 INITIATION OF ARBITRATION.
(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by mail certified or registered, return receipt requested and obtained, or by service as authorized for the initiation of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(b) Unless a person interposes an objection as to lack or insufficiency of notice under section 572B.15, subsection (c), not later than the commencement of the arbitration hearing, the person's appearance at the hearing waives any objection to lack of or insufficiency of notice.
History:
2010 c 264 art 1 s 9,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.10 — Consolidation Of Separate Arbitration Proceedings.

572B.10 CONSOLIDATION OF SEPARATE ARBITRATION PROCEEDINGS.
(a) Except as otherwise provided in subsections (c) and (d), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:
(1) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(b) The court may order consolidation of separate arbitration proceedings as to certain claims and allow other claims to be resolved in separate arbitration proceedings.
(c) The court may not order consolidation of the claims of a party to an agreement to arbitrate which prohibits consolidation.
(d) An arbitrator shall decide whether to consolidate one or more grievances arising under a collective bargaining agreement.
History:
2010 c 264 art 1 s 10,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.11 — Appointment Of Arbitrator; Service As A Neutral Arbitrator.

572B.11 APPOINTMENT OF ARBITRATOR; SERVICE AS A NEUTRAL ARBITRATOR.
(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. The arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
(b) An arbitrator who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as a neutral arbitrator.
History:
2010 c 264 art 1 s 11,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.12 — Disclosure By Arbitrator.

572B.12 DISCLOSURE BY ARBITRATOR.
(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(1) a financial or personal interest in the outcome of the arbitration proceeding; and
(2) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, witnesses, or the other arbitrators.
(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceedings and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the disclosure, the objection may be a ground to vacate the award under section 572B.23, subsection (a)(2).
(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection of a party, an award may be vacated under section 572B.23, subsection (a)(2).
(e) An arbitrator appointed as a neutral who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under section 572B.23, subsection (a)(2).
(f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 572B.23, subsection (a)(2).
History:
2010 c 264 art 1 s 12,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.13 — Action By Majority.

572B.13 ACTION BY MAJORITY.
If there is more than one arbitrator, the powers of the arbitrators must be exercised by a majority of them.
History:
2010 c 264 art 1 s 13,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.14 — Immunity Of Arbitrator; Competency To Testify; Attorney Fees And Costs.

572B.14 IMMUNITY OF ARBITRATOR; COMPETENCY TO TESTIFY; ATTORNEY FEES AND COSTS.
(a) An arbitrator is immune from civil liability to the same extent as a judge of a court in this state acting in a judicial capacity.
(b) The immunity afforded by this section supplements any other immunity.
(c) If an arbitrator does not make a disclosure required by section 572B.12, the nondisclosure does not cause a loss of immunity under this section.
(d) In any judicial, administrative, or similar proceeding, an arbitrator is not competent to testify or required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:
(1) to the extent necessary to determine the claim of an arbitrator against a party to the arbitration proceeding; or
(2) if a party to the arbitration proceeding files a motion to vacate an award under section 572B.23, subsection (a)(1) or (2), and establishes prima facie that a ground for vacating the award exists.
(e) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or if a person seeks to compel an arbitrator to testify in violation of subsection (d), and the court decides that the arbitrator is immune from civil liability or that the arbitrator is incompetent to testify, the court shall award to the arbitrator reasonable attorney fees and other reasonable expenses of litigation.
History:
2010 c 264 art 1 s 14,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.15 — Arbitration Process.

572B.15 ARBITRATION PROCESS.
(a) The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and to determine the admissibility, relevance, materiality, and weight of any evidence.
(b) The arbitrator may decide a request for summary disposition of a claim or particular issue by agreement of all interested parties or upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the arbitration proceeding and the other parties have a reasonable opportunity to respond.
(c) The arbitrator shall set a time and place for a hearing and give notice of the hearing not less than five days before the hearing. Unless a party to the arbitration proceeding interposes an objection to lack of or insufficiency of notice not later than the commencement of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to promptly conduct the hearing and render a timely decision.
(d) If an arbitrator orders a hearing under subsection (c), the parties to the arbitration proceeding are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(e) If there is more than one arbitrator, all of them shall conduct the hearing under subsection (c); however, a majority shall decide any issue and make a final award.
(f) If an arbitrator ceases, or is unable, to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 572B.11 to continue the hearing and to decide the controversy.
History:
2010 c 264 art 1 s 15,33