reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.16 — Representation By Lawyer.

572B.16 REPRESENTATION BY LAWYER.
A party to an arbitration proceeding may be represented by a lawyer.
History:
2010 c 264 art 1 s 16,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.18 — Court Enforcement Of Pre-award Ruling By Arbitrator.

572B.18 COURT ENFORCEMENT OF PRE-AWARD RULING BY ARBITRATOR.
If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 572B.19. The successful party may file a motion to the court for an expedited order to confirm the award under section 572B.22, in which case the court shall proceed summarily to decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award of the arbitrator pursuant to sections 572B.23 and 572B.24.
History:
2010 c 264 art 1 s 18,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.19 — Award.

572B.19 AWARD.
(a) An arbitrator shall make a record of an award. The record must be authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(b) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
History:
2010 c 264 art 1 s 19,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.20 — Change Of Award By Arbitrator.

572B.20 CHANGE OF AWARD BY ARBITRATOR.
(a) On motion to an arbitrator by a party to the arbitration proceeding, the arbitrator may modify or correct an award:
(1) upon the grounds stated in section 572B.24, subsection (a)(1) or (3);
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(b) A motion under subsection (a) must be made and served on all parties within 20 days after the movant receives notice of the award.
(c) A party to the arbitration proceeding must serve any objections to the motion within ten days after receipt of the notice.
(d) If a motion to the court is pending under sections 572B.22, 572B.23, and 572B.24, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1) upon the grounds stated in section 572B.24, subsection (a)(1) or (3);
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(e) An award modified or corrected pursuant to this section is subject to sections 572B.22, 572B.23, and 572B.24.
History:
2010 c 264 art 1 s 20,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.21 — Remedies; Fees And Expenses Of Arbitration Proceeding.

572B.21 REMEDIES; FEES AND EXPENSES OF ARBITRATION PROCEEDING.
(a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(b) An arbitrator may award attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 572B.22 or for vacating an award under section 572B.23.
(d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
History:
2010 c 264 art 1 s 21,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.22 — Confirmation Of Award.

572B.22 CONFIRMATION OF AWARD.
After a party to the arbitration proceeding receives notice of an award, the party may file a motion with the court for an order confirming the award, at which time the court shall issue such an order unless the award is modified or corrected pursuant to section 572B.20 or 572B.24 or is vacated pursuant to section 572B.23.
History:
2010 c 264 art 1 s 22,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.23 — Vacating Award.

572B.23 VACATING AWARD.
(a) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if:
(1) the award was procured by corruption, fraud, or other undue means;
(2) there was:
(A) evident partiality by an arbitrator appointed as a neutral;
(B) corruption by an arbitrator; or
(C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 572B.15, so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4) an arbitrator exceeded the arbitrator's powers;
(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 572B.15, subsection (c), not later than the commencement of the arbitration hearing; or
(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in section 572B.09 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) A motion under this section must be filed within 90 days after the movant receives notice of the award in a record pursuant to section 572B.19 or within 90 days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award pursuant to section 572B.20, unless the motion is predicated upon the ground that the award was procured by corruption, fraud, or other undue means, in which case it must be filed within 90 days after such a ground is known or by the exercise of reasonable care should have been known by the movant.
(c) In vacating an award on a ground other than that set forth in subsection (a)(5), the court may order a rehearing before a new arbitrator. If the award is vacated on the ground stated in subsection (a)(3), (4), or (6), the court may order a rehearing before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 572B.19, subsection (b), for an award.
(d) If a motion to vacate an award is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.
History:
2010 c 264 art 1 s 23,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.24 — Modification Or Correction Of Award.

572B.24 MODIFICATION OR CORRECTION OF AWARD.
(a) Upon motion filed within 90 days after the movant receives notice of the award in a record pursuant to section 572B.19 or within 90 days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award pursuant to section 572B.20, the court shall modify or correct the award if:
(1) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(b) If a motion filed under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, the court shall confirm the award.
(c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
History:
2010 c 264 art 1 s 24,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.25 — Judgment On Award; Attorney Fees And Litigation Expenses.

572B.25 JUDGMENT ON AWARD; ATTORNEY FEES AND LITIGATION EXPENSES.
(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.
(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(c) On application of a prevailing party to a contested judicial proceeding under section 572B.22, 572B.23, or 572B.24, the court may add to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award, attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made.
History:
2010 c 264 art 1 s 25,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.26 — Jurisdiction.

572B.26 JURISDICTION.
(a) A court of this state having jurisdiction over the dispute and the parties may enforce an agreement to arbitrate.
(b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under sections 572B.01 to 572B.31.
History:
2010 c 264 art 1 s 26,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.27 — Venue.

572B.27 VENUE.
A motion pursuant to section 572B.05 must be filed in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion must be filed in any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be filed in the court hearing the initial motion unless the court otherwise directs.
History:
2010 c 264 art 1 s 27,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.28 — Appeals.

572B.28 APPEALS.
(a) An appeal may be taken from:
(1) an order denying a motion to compel arbitration;
(2) an order granting a motion to stay arbitration;
(3) an order confirming or denying confirmation of an award;
(4) an order modifying or correcting an award;
(5) an order vacating an award without directing a rehearing; or
(6) a final judgment entered pursuant to sections 572B.01 to 572B.31.
(b) An appeal under this section must be taken as from an order or a judgment in a civil action.
History:
2010 c 264 art 1 s 28,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.29 — Uniformity Of Application And Construction; No-fault Automobile Insurance Act; Conflict; Prevailing Law.

572B.29 UNIFORMITY OF APPLICATION AND CONSTRUCTION; NO-FAULT AUTOMOBILE INSURANCE ACT; CONFLICT; PREVAILING LAW.
(a) 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.
(b) When provisions of sections 572B.01 to 572B.31 are in conflict with provisions of sections 65B.41 to 65B.71, the provisions of sections 65B.41 to 65B.71 shall prevail.
History:
2010 c 264 art 1 s 29,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.30 — Savings Clause.

572B.30 SAVINGS CLAUSE.
Sections 572B.01 to 572B.31 do not affect an action or proceeding commenced or right accrued before sections 572B.01 to 572B.31 take effect.
History:
2010 c 264 art 1 s 30,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 572B — Uniform Arbitration Act › Section 572B.31 — Relationship To Electronic Signatures In Global And National Commerce Act.

572B.31 RELATIONSHIP TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
The provisions of sections 572B.01 to 572B.31 governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act.
History:
2010 c 264 art 1 s 31,33
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.01 — Survival Of Causes.

573.01 SURVIVAL OF CAUSES.
A cause of action arising out of an injury to the person survives the death of any party in accordance with section 573.02. All other causes of action by one against another, whether arising on contract or not, survive to the personal representatives of the former and against those of the latter.
History:
(9656) RL s 4502; 1941 c 440; 1967 c 158 s 1; 1983 c 243 s 4; 1983 c 347 s 1; 2023 c 52 art 19 s 32
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.021 — Peacetime Emergency Injury Action; Statute Of Limitations.

573.021 PEACETIME EMERGENCY INJURY ACTION; STATUTE OF LIMITATIONS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Health care provider" means a physician, surgeon, dentist, occupational therapist, other health care professional as defined in section 145.61, assisted living facility licensed under chapter 144G, long-term care facility licensed under chapter 144A, hospital, or treatment facility.
(c) "Peacetime emergency" means the peacetime emergency declared by the governor in an executive order or extended by subsequent orders from March 14, 2020, to July 1, 2021.
Subd. 2.
Injury action; statute of limitations.
An action, brought pursuant to section 573.02, subdivision 2, that accrued during the peacetime emergency against a health care provider alleging malpractice, error, mistake, or failure to cure regarding treatment, transmission, or vaccination related to the infectious disease that was the subject of the peacetime emergency must be filed within one year from the date of death of the former patient or resident.
History:
2023 c 52 art 19 s 35
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.03 — Default Judgment; Judgment Not Lien Upon Real Property.

573.03 DEFAULT JUDGMENT; JUDGMENT NOT LIEN UPON REAL PROPERTY.
When a judgment is taken against an executor or administrator upon failure to answer it shall not be deemed evidence of assets in hand unless the complaint alleged assets and was personally served on the executor or administrator. No judgment against any executor or administrator shall bind, or in any way affect, the real property which belonged to the decedent, nor shall the same be liable upon execution issued upon such judgment.
History:
(9658) RL s 4504; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.04 — Executor's Wrong, To Whom Liable.

573.04 EXECUTOR'S WRONG, TO WHOM LIABLE.
No person shall be liable to an action, as executor of a wrong committed by that person, for having taken, received, or interfered with the property of a deceased person, but shall be responsible to the executor, or general or special administrator, of such decedent for the value of all property so taken or received and for all damages caused by the person's acts to the estate.
History:
(9659) RL s 4505; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.05 — Action By Foreign Executor.

573.05 ACTION BY FOREIGN EXECUTOR.
Any foreign executor or administrator may commence and prosecute an action in this state, in a representative capacity, in the same manner and under the same restrictions as in case of a resident. Before commencing such action the foreigner shall file an authenticated copy of appointment as executor or administrator with the district court of the county in which such action is to be commenced.
History:
(9660) RL s 4506; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.06 — Next Of Kin; Liability For Debts; Contribution.

573.06 NEXT OF KIN; LIABILITY FOR DEBTS; CONTRIBUTION.
The next of kin of a deceased person are liable to an action by a creditor of the estate, to recover the distributive shares received by them out of such estate, or so much thereof as shall be necessary to satisfy the deceased person's debt, which action may be against all or against any one or more of them. The plaintiff may recover the value of all assets received by all the defendants, if necessary to satisfy the plaintiff's demand, and the plaintiff's recovery shall be apportioned among the defendants in proportion to the value of the assets received by each without deduction on account of there being other relatives who have received assets. Any one against whom such recovery has been had may maintain an action for contribution against all or any other relatives of the decedent to whom assets have been paid, and may recover of each defendant such proportionate share of the amount paid by plaintiff as the value of assets received by each bears to the value of all the assets distributed to all the relatives.
History:
(9661) RL s 4507; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.07 — Legatees; When Liable.

573.07 LEGATEES; WHEN LIABLE.
Legatees are liable to an action by a creditor of the testator to recover the value of legacies received by them. Such action may be brought against all or any one or more of the legatees. The plaintiff cannot recover without showing:
(1) that no assets were delivered by the executor or administrator to the heirs or next of kin; or
(2) that the value of the assets so delivered has been recovered by another creditor; or
(3) that such assets are not sufficient to satisfy the demands of the plaintiff, in which case the plaintiff can recover only the deficiency.
The whole amount which the plaintiff can recover shall be apportioned among all the legatees, in proportion to the amount of their legacies, respectively, and each legatee's proportion only can be recovered of each legatee.
History:
(9662) RL s 4508; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.08 — Costs; Judgment, When Discharged.

573.08 COSTS; JUDGMENT, WHEN DISCHARGED.
If an action be brought against several next of kin jointly, or several legatees jointly, for assets delivered to them, and a recovery be had against them, the costs shall be apportioned among the several defendants in proportion to the amount of the damages recovered against each. In either case, the payment or satisfaction of the judgment recovered against any one of the defendants shall discharge that defendant and that defendant's property from such judgment.
History:
(9663) RL s 4509; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.09 — Heirs And Devisees; When Liable.

573.09 HEIRS AND DEVISEES; WHEN LIABLE.
Heirs and devisees are liable to an action by a creditor of a deceased person to recover a debt, to the extent of the value of any real property inherited by or devised to them. If such action be against the heirs, all heirs who are liable shall be made parties thereto. The heirs shall not be liable for the debt unless it shall appear that the personal assets were not sufficient to discharge it, or that, after due proceedings before the district court, the creditor is unable to collect the debt from the personal representatives of the decedent, or from the next of kin or a legatee; and if the personal assets were sufficient to pay a part of the debt, or in case a part thereof has been collected, as hereinbefore mentioned, the heirs of such deceased person are liable for the residue. Nothing in this section shall affect the liability of heirs for a debt of their ancestors, where, by will, such debt was expressly charged exclusively on the real property descended to such heirs, or directed to be paid out of the real property so descended, before resorting to the personal property.
History:
(9664) RL s 4510; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.10 — Apportionment Of Liability; Contribution.

573.10 APPORTIONMENT OF LIABILITY; CONTRIBUTION.
When the heirs, devisees, or legatees have received real or personal estate, and are liable by law for any debts, such liability shall be in proportion to the estate they have, respectively, received, and a creditor may recover the creditor's claim against a part or all of them to the amount of such liability. If, by the testator's will, any part of the testator's estate, or any devisees or legatees, are made exclusively liable for the debt, the devisees or legatees shall contribute among themselves accordingly.
History:
(9665) RL s 4511; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.11 — New Parties; Issues; Apportionment.

573.11 NEW PARTIES; ISSUES; APPORTIONMENT.
If all the persons liable for the payment of any such debt shall not be included as defendants, the action shall not thereby be dismissed or barred; but the court may order any other parties brought in, and allow such amendments as may be necessary, on such terms as it may prescribe. If more than one person is liable, and the creditor shall bring action against all or any of them, and those liable shall dispute the debt, or the amount claimed, the court may order an issue to be framed, and direct the amount to be ascertained by a jury, and shall determine how much each is liable to pay.
History:
(9666) RL s 4512
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.12 — Estate Of Deceased Heirs, When Liable.

573.12 ESTATE OF DECEASED HEIRS, WHEN LIABLE.
If any of the heirs, devisees, or legatees die without having paid a just share of the debts, the estate shall be liable therefor as for a personal debt, to the extent of liability if living.
History:
(9667) RL s 4513; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.13 — Contribution Among Heirs.

573.13 CONTRIBUTION AMONG HEIRS.
When any heir, devisee, or legatee pays more than a proportional share of such debt, the other persons liable shall be holden and compelled to contribute their just proportion of the same.
History:
(9668) RL s 4514; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.14 — Priority Among Debts.

573.14 PRIORITY AMONG DEBTS.
When the next of kin, legatees, heirs, and devisees are liable for the debts of their ancestor, or testator, they shall give preference in the payment of the same, and be liable therefor, in the following order:
(1) debts entitled to a preference under the laws of the United States;
(2) judgments against the ancestor or testator, according to the priority thereof, respectively;
(3) debts due to other creditors.
History:
(9669) RL s 4515
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.15 — No Preference Between Debts Of Same Class.

573.15 NO PREFERENCE BETWEEN DEBTS OF SAME CLASS.
No preference shall be given by any next of kin, legatee, heir, or devisee to one debt over another of the same class, except one specified in section 573.14, clause (2); nor shall a debt due and payable be entitled to a preference over one not due; nor shall the commencement of an action against any next of kin, legatee, heir, or devisee, for the recovery of a debt, entitle it to preference over others of the same class.
History:
(9670) RL s 4516
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.16 — Defenses; Other Debts Outstanding Or Paid.

573.16 DEFENSES; OTHER DEBTS OUTSTANDING OR PAID.
The next of kin, legatees, heirs, and devisees may show, in their defense, that there are unsatisfied debts of a prior class, or others of the same class as the debt in action; and if it shall appear that the value of the personal property delivered, or of the real estate descended or devised, to them does not exceed the debts of a prior class, judgment shall be rendered in their favor. If the value of such property exceeds the amount of debts which are entitled to preference over the debt in action, judgment shall be rendered against them only for such a sum as bears a just proportion to the other debts of the same class. If a debt of a class prior to the one in action, or of the same class, is paid by any next of kin, legatees, heirs, or devisees, they may prove such payment, and the amount thereof shall be treated, in ascertaining the amount to be recovered, as if it were unpaid.
History:
(9671) RL s 4517
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.17 — Real Property Descended; Lien Of Judgment.

573.17 REAL PROPERTY DESCENDED; LIEN OF JUDGMENT.
If it appears that the real property so descended was not alienated by the heir at the time of the commencement of the action, the court shall order that plaintiff's debt, or the proportion thereof which the plaintiff is entitled to recover, be levied upon such real estate, and not otherwise; and every judgment rendered in such action has preference as a lien on such real estate, to any judgment obtained against such heir for a personal debt.
History:
(9672) RL s 4518; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.18 — Personal Liability; Alienation Before Suit.

573.18 PERSONAL LIABILITY; ALIENATION BEFORE SUIT.
If it appears in the action that before the commencement thereof the heir has aliened the real property descended to that heir, or any part thereof, that heir shall be personally liable for the value of that aliened; and judgment may be rendered therefor, and execution awarded, as in actions for personal debts. No real property aliened in good faith by an heir, before action commenced against the heir, shall be liable to execution or in any manner affected by a judgment against the heir.
History:
(9673) RL s 4519; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.19 — Heirs And Devisees; Limit Of Recovery.

573.19 HEIRS AND DEVISEES; LIMIT OF RECOVERY.
In actions brought against several heirs or several devisees jointly, the amount of plaintiff's recovery shall be apportioned among all the heirs of the ancestor, or all the devisees of the testator, in proportion to the value of the real property descended or devised, and such proportion only can be recovered of each.
History:
(9674) RL s 4520
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.20 — Devisees, When Liable; Limitations.

573.20 DEVISEES, WHEN LIABLE; LIMITATIONS.
Devisees made liable to creditors of their testator by the provisions of this chapter shall not be held liable unless it shall appear that the testator's personal assets and the real property descended to the testator's heirs were insufficient to discharge the debt, or that after due proceedings before the district court the creditor has been unable to recover the debt, or any part thereof, from the personal representative of the testator, or next of kin, legatees, or heirs. In either of these cases, the amount of the deficiency of the personal assets, and of the real property descended to satisfy the debt of the plaintiff, and the amount which the plaintiff may have failed to recover from the personal representative, next of kin, legatees, and heirs of the testator, may be recovered of the devisees, to the extent of the real property devised to them, respectively. Nothing in this section shall affect the liability of the devisees for a debt of their testator which was charged by will exclusively upon the real property devised, or made payable exclusively by such devisees, or out of the real property devised before resorting to the personal property or to any other real property descended or devised.
History:
(9675) RL s 4521; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 573 — Personal Representatives, Heirs; Actions › Section 573.21 — Devisees; Application.

573.21 DEVISEES; APPLICATION.
The provisions of this chapter with regard to heirs, and to proceedings by and against them, and to judgments and executions against them, are applicable to actions and proceedings against devisees, and they must in like manner be jointly sued.
History:
(9676) RL s 4522
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.01 — Bonds, Requisites And Execution.

574.01 BONDS, REQUISITES AND EXECUTION.
Save when otherwise specially provided by statute, every bond, recognizance, or undertaking required or permitted to be made, given, tendered, or filed for the security or protection of the state, or of any person, corporation, municipality, or department thereof, or any other organization whatever and conditioned for the doing or not doing of anything in such instrument of security specified, shall be signed by one or more sureties, who shall justify as provided in section 574.12. Every bond or recognizance shall also be signed by the principal, and every bond shall be acknowledged by the principal and sureties.
History:
(9677) RL s 4523; 2013 c 119 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.03 — Payment Of Premium.

574.03 PAYMENT OF PREMIUM.
The premiums upon the bonds of all state officers and the premiums on all fidelity insurance placed under the provisions of this section shall be paid out of the appropriation for the maintenance of the department for which such bond or insurance is required and such fidelity insurance, when placed in lieu of individual bond, shall be deemed full compliance with any provision of law requiring any such official or employee to give bond to the state for the faithful discharge of duty. If schedule or position insurance is provided covering the personnel of any department or agency all individual fidelity bonds covering such officers or employees theretofore bonded shall be canceled and a proportionate part of the premiums paid therefor refunded.
History:
(9677-2) 1929 c 263 s 2; 1931 c 233 s 2; 2000 c 260 s 81
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.04 — Surety Bonds To Federal Government.

574.04 SURETY BONDS TO FEDERAL GOVERNMENT.
When the laws of the United States, or the regulations or orders of any department of the federal government, require the delivery of a properly executed surety bond, conditioned in a specified manner, as a condition precedent to receiving military property, or equipment, or property of the federal government, from the federal government, or as a prerequisite to doing any specified act, then, and in such case, the chief executive officer of any institution under the financial control of the commissioner of administration may execute and deliver such bond and, if corporate sureties join in the execution of the same, then the cost thereof may be paid by such executive officer out of the funds at the officer's disposal.
History:
(9678) 1919 c 98 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.05 — Liberty Loan Bonds Security.

574.05 LIBERTY LOAN BONDS SECURITY.
Any person or corporation who may make a contract with the state, or with any municipal corporation, or any public board or department thereof, for the doing of any public work, including construction of any drainage ditch, may, in lieu of giving the usual bond or undertaking, pledge United States liberty or victory loan bonds, now or hereafter issued, as security for the protection of the state, or such corporation, board or department with which such contract is made, and of all persons doing work or furnishing skills, tools, machinery, or materials under or for the purpose of executing such contract. Such bonds so pledged shall be security for the payment, as they become due, of all just claims for work, tools, machinery, skill, and materials, and for the performance and completion of the contract in accordance with its terms, and as security for all costs and charges that may accrue on account of the doing of the work specified and compliance with the laws relating thereto.
History:
(9679) 1919 c 346 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.06 — Deposit Of Securities.

574.06 DEPOSIT OF SECURITIES.
These bonds so pledged shall be delivered to the officer or department required by law to receive the bonds of public contractors, or who may be designated by the state or other municipal corporation or department with which the contract may be made. The deposit of the securities shall be in lieu of and substitution for the bonds required by law to be given by such contractors.
History:
(9680) 1919 c 346 s 2
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.07 — Market Value.

574.07 MARKET VALUE.
The market value of the bonds so pledged shall not be less than the contract price.
History:
(9681) 1919 c 346 s 3
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.08 — Protection Of Pledge On Commencing Action.

574.08 PROTECTION OF PLEDGE ON COMMENCING ACTION.
Any person entitled to the protection of such pledge, wishing to take advantage of its benefits at the time of commencing any action against either the contractor or any subcontractor engaged in such work, shall notify, in writing, the state or corporation or department with which such pledge is made, of the commencement of such suit, giving the names of the parties and the amount and nature of the claim. No judgment shall be entered within 30 days after the giving of such notice and the state or other corporation or department with which such bonds are pledged and any other person entitled to the protection of such pledge may be admitted on its motion as a party to the action, and the court shall determine the rights of all parties in the premises. In such suit or other appropriate action in which the corporation or department holding the bonds is a party, the court may order the bonds, or a part of them sufficient to pay the unpaid claims, sold at public auction or private sale or on the New York stock exchange and from the proceeds, after deducting the costs of sale, make payments among the parties to the suit entitled thereto; if the proceeds are insufficient to pay the claims in full, they may be paid pro rata. If the state or other corporation or department does not appear and defend, it may, after entry of judgment in favor of such claimants, enforce the pledge and sell the securities at public or private sale or upon the New York stock exchange, and it shall have in addition any and all rights and remedies given pledgees by law for the enforcement of their securities, but it shall not be required to sell such security until 90 days after completion of contract and acceptance of the work done, as provided in section 574.09, or until the work is completed at the instance of the corporation if abandoned by the contractor.
History:
(9682) 1919 c 346 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.09 — Additional Security.

574.09 ADDITIONAL SECURITY.
When, in its judgment, other or further security is required, the state or such other corporation or department may require the contractor to furnish other or further security of the same nature within ten days, and thereupon if so ordered, the work on such contract shall cease until such other or further security is furnished. If such other or further security is not furnished within such time, the pledgee may at its option terminate the contract and complete the same as the agent and at the expense of such contractor.
History:
(9683) 1919 c 346 s 5
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.10 — Notice Of Claim.

574.10 NOTICE OF CLAIM.
No action shall be maintained by any person seeking to take advantage of the benefit of such pledge, unless within 90 days after the completion of the contract and acceptance by the proper public authorities of the work done, the plaintiff shall serve upon the contractor and upon the state or such corporation or department a written notice specifying the nature and amount of the claim and the date of furnishing the last item thereof, nor unless the action is begun within one year after the service of such notice.
History:
(9684) 1919 c 346 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.11 — Receivers' Bonds To Run To State.

574.11 RECEIVERS' BONDS TO RUN TO STATE.
Bonds given by receivers and trustees appointed by the district court in any action or proceedings shall run to the state of Minnesota for the benefit of all persons in interest. Any person interested may maintain an action in the person's own name upon any such bond.
History:
(9685) 1921 c 17 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.12 — Modes Of Justification.

574.12 MODES OF JUSTIFICATION.
The justification of sureties mentioned in section 574.01 shall be by affidavit, annexed to the bond or other security, wherein each surety shall state, under oath, that it is worth a certain definite amount above its debts and liabilities and exclusive of its property exempt from execution, but the aggregate of the amount sworn to as aforesaid by all the sureties shall be not less than double the amount of the penalty of such bond or other security. Where in the cases provided by law exception is taken to sureties, they shall be examined by the judge or officer before whom they are required to attend for purposes of justification, in such manner as the judge or officer shall deem proper. The examination shall be reduced to writing and filed in the cause and, on deeming the sureties sufficient, the judge or officer shall endorse approval upon the instrument, and return the same to the proper custodian thereof.
History:
(9686) RL s 4524; 1907 c 311 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.13 — State And County Officers; Uniform Bond.

574.13 STATE AND COUNTY OFFICERS; UNIFORM BOND.
When, by law, an official bond is required of any state or county officer, it shall be sufficient for all purposes if the same be substantially in the following form:
"Know All by These Presents, that ..................., as principal, and ..........., as surety ......., are jointly and severally held and firmly bound to the State of Minnesota in the sum of .................. dollars, lawful money of the United States, to the payment of which, well and truly to be made, we hereby bind ourselves, and each of us, our, and each of our, heirs, executors, administrators, successors, and assigns, firmly by these presents.
Sealed with our seals and dated this ............ day of ..........., A.D. 20 .......
The condition of the above obligation is such that, whereas, the above bounden was heretofore duly elected (or appointed) to the office of ....................
Now, therefore, if the said ................ shall faithfully and impartially, in all things, during continuance in office, perform the duties thereof without fraud, deceit or oppression, and pay over without delay to the officer entitled by law thereto all moneys which shall come into the hands of ....... by virtue thereof, then this obligation shall be void; otherwise to remain in full force and effect.
Signed, sealed and delivered ....................... (Seal)
in presence of
............................
............................"
History:
(9687) 1909 c 107 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.14 — Bonds Executed Under Other Provisions.

574.14 BONDS EXECUTED UNDER OTHER PROVISIONS.
All those rights and obligations which would be created were the bond of any such officer executed under any other law are hereby declared to exist and be of the same force where such bond is executed in the foregoing form.
History:
(9688) 1909 c 107 s 2
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.15 — Surety Companies.

574.15 SURETY COMPANIES.
When the bond or other instrument is required to be made with one surety, or with two or more sureties, it shall be sufficient if the same be executed, or the conditions thereof be guaranteed, solely by a corporation authorized by law so to do. No such corporation shall be accepted or approved as a surety or guarantor unless it holds the certificate of the commissioner of commerce, showing that it is authorized to contract as such.
History:
(9689) RL s 4525; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.16 — Surety, Subrogation.

574.16 SURETY, SUBROGATION.
When the surety upon the bond of any state officer shall have fulfilled the conditions of such bond and compensated the state for any loss occasioned by any act or omission of such officer, such surety shall be subrogated to all the rights of the state and, if there shall be any property, evidence of indebtedness, or other obligation, or evidence thereof, in the possession of any official of the state and which shall have been received in connection with the transaction wherein such loss shall have occurred, the governor, upon satisfactory proof that such loss has been so paid and the obligation of such bond fulfilled by such surety, shall thereupon, by sufficient instruments of transfer, assign, transfer, or convey to such surety any such property, evidence of indebtedness, or obligation.
History:
(9690) 1917 c 492 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 574 — Bonds, Fines, Forfeitures › Section 574.17 — Sureties For Part Of Penalty.

574.17 SURETIES FOR PART OF PENALTY.
Sureties may be accepted, in the discretion of the approving officer or body, for a part only of the penalty, and may justify in separate and different sums; but the aggregate liability of the sureties shall in all cases be not less than that required by law if each surety had justified in the full amount.
History:
(9691) RL s 4526