reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.34 — District Court To Determine Amount.

550.34 DISTRICT COURT TO DETERMINE AMOUNT.
When any such creditor redeems from the foreclosure of a mortgage under the provisions of sections 550.30 to 550.35 the district court shall determine the amount that shall be credited on the creditor's claim against the estate.
History:
(9445-5) 1929 c 195 s 5; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.35 — Redemption.

550.35 REDEMPTION.
Except as provided in sections 550.30 to 550.34, all such redemption shall have the force and be governed by and subject to all of the requirements of the statutes relating to the redemption of real estate from mortgage and execution sales now or hereafter in force.
History:
(9445-6) 1929 c 195 s 6
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.36 — Stay Of Execution On Money Judgment.

550.36 STAY OF EXECUTION ON MONEY JUDGMENT.
(a) This section is an alternative to the Minnesota Rule of Civil Appellate Procedure, Rule 108.02, subdivision 3. Execution of a judgment for the payment of money only shall be stayed during the course of all appeals or discretionary appellate reviews of a judgment if, within ten days after the entry thereof, the judgment debtor shall file with the court administrator a bond, running to the judgment creditor, the creditor's personal representatives, and assigns. The amount of the bond must be in the amount of the judgment, or a lesser amount approved by the court in the interests of justice. The total appeal bond that is required of all appellants must not exceed $150,000,000, regardless of the value of the judgment. The bond must be conditioned for the payment of the judgment, with interest during the time for which the stay is granted. Interest shall be computed in the same manner and at the same rate provided for interest on verdicts in section 549.09. Within two days thereafter notice that such bond has been filed, with a copy of the same, shall be served on the judgment creditor, if the creditor be a resident of the county, or upon the creditor's agent or attorney, if the creditor has one, and the judgment creditor may except to the sufficiency of the bond; and, upon the creditor's application upon notice or order to show cause, the court, if it find the bond insufficient, may order execution to issue notwithstanding the same, unless the judgment debtor give such further bond as it shall deem sufficient. If the condition of any such bond be not performed, the execution shall issue for the amount of the judgment, with interest and costs, against the judgment debtor and the sureties. When an execution issues against sureties the officer shall certify in the return what amount, if any, was collected from them and the date thereof. If a stay be granted after execution issued, any levy made thereon shall be released and the execution shall be returned and the reason noted by the officer.
(b) Notwithstanding paragraph (a), if a judgment creditor provides evidence that a judgment debtor may be dissipating assets to avoid payment of a judgment, a court may enter orders that:
(1) are necessary to protect the judgment creditor; and
(2) require the judgment debtor to post a bond in an amount up to the total amount of the judgment.
History:
(9446) RL s 4316; 1979 c 105 s 2; 1979 c 289 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2004 c 190 s 1
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.365 — Mediation Notice And Requirements For Agricultural Property.

550.365 MEDIATION NOTICE AND REQUIREMENTS FOR AGRICULTURAL PROPERTY.
Subdivision 1.
Requirement.
A person may not attach, execute on, levy on, or seize agricultural property subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided in section 583.24, subdivision 5, unless: (1) a mediation notice is served on the judgment debtor and a copy served on the director and the debtor and creditor have completed mediation under sections 583.20 to 583.32; or (2) as otherwise allowed under sections 583.20 to 583.32.
Subd. 2.
Contents.
A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Judgment Debtor)....
A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON....(Date of Judgment).
AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE AMOUNT OF ....(Amount of Debt)....
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ....(Name and Address of Judgment Creditor)...."
History:
1986 c 398 art 1 s 2,18; 1987 c 292 s 6,37; 1989 c 350 art 16 s 8; 1990 c 525 s 1; 1991 c 208 s 2; 1Sp1993 c 2 art 6 s 2; 1995 c 212 art 2 s 11; 1997 c 183 art 3 s 29; 1998 c 395 s 7; 1998 c 402 s 6; 1999 c 214 art 2 s 19; 2001 c 195 art 1 s 23; 1Sp2001 c 1 art 2 s 25; 1Sp2001 c 2 s 150; 2009 c 94 art 1 s 94; 2017 c 88 art 2 s 78; 2023 c 52 art 19 s 30
NOTE:
See section 583.215 for expiration of this section.
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.366 — Judgments On Debts Related To Agricultural Property.

550.366 JUDGMENTS ON DEBTS RELATED TO AGRICULTURAL PROPERTY.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the meanings given:
(1) "Agricultural property" means personal property that is used in a farm operation.
(2) "Farm debtor" means a person who has incurred debt while in the operation of a family farm, a family farm corporation, or an authorized farm corporation as defined in section 500.24, subdivision 2.
Subd. 2.
Limits on execution.
A judgment for the unpaid balance of a debt on agricultural property owed by a farm debtor may not be executed upon real or personal property after three years from the date the judgment was entered.
Subd. 3.
Attachment to newly acquired property.
A judgment for the unpaid balance of a debt on agricultural property owed by a farm debtor does not attach to real or personal property that is acquired by the farm debtor after the judgment is entered.
History:
1987 c 292 s 1
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.371 — Exemptions In Joint Bankruptcy.

550.371 EXEMPTIONS IN JOINT BANKRUPTCY.
Subdivision 1.
Applicable law.
Except as provided in this section, the exemptions set forth in subsection (d) of section 522 of the Bankruptcy Act, United States Code, title 11, section 522(d), shall be available to residents of this state.
Subd. 2.
Joint petition.
When a husband and wife are joined in a petition for bankruptcy, they may jointly elect to utilize either the applicable exemption provisions pursuant to Minnesota law or pursuant to subsection (d) of section 522 of the Bankruptcy Act, United States Code, title 11, section 522(d), but not both.
Subd. 3.
Individual petition.
When a petition for bankruptcy is filed individually, and not jointly, for a husband or a wife, (a) one spouse shall not claim any exemption pursuant to Minnesota law for a period of three years from the date of filing if the other spouse has claimed any exemption under subsection (d) of section 522 of the Bankruptcy Act, United States Code, title 11, section 522(d); and (b) one spouse shall not claim any exemption pursuant to subsection (d) of section 522 of the Bankruptcy Act, United States Code, title 11, section 522(d), for a period of three years from the date of filing if the other spouse has claimed any exemption pursuant to Minnesota law.
Subd. 4.
Marital status determined.
For the purposes of this section, persons shall be considered to be husband and wife if they are married to each other at the time of the filing of the first individual or joint petition for bankruptcy by either of them unless a decree of separation or temporary order of separation of the parties is issued prior to the time the petition is filed.
History:
1982 c 461 s 1
NOTE:
This section was found unconstitutional in
In re Soby
, 37 B.R. 522 (Bankr. D. Minn. 1984).
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.38 — Veteran's Pension, Bonus, Or Compensation.

550.38 VETERAN'S PENSION, BONUS, OR COMPENSATION.
All moneys paid to any person as a veteran's pension, bonus, adjusted compensation, allotment, or other benefit by the state of Minnesota or by the United States are exempt from, and shall not be liable to, attachment, garnishment, seizure, or sale on any final process issued out of any court for the period of one year after receipt thereof.
History:
(9447-1) Ex1936 c 112
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.39 — Exemption Of Insurance Policies.

550.39 EXEMPTION OF INSURANCE POLICIES.
The net amount payable to any insured or to any beneficiary under any policy of accident or disability insurance or under accident or disability clauses attached to any policy of life insurance shall be exempt and free and clear from the claims of all creditors of such insured or such beneficiary and from all legal and judicial processes of execution, attachment, garnishment, or otherwise.
History:
(9447-2) 1937 c 191 s 1
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.41 — Levy On Property In Excess Of Exemption.

550.41 LEVY ON PROPERTY IN EXCESS OF EXEMPTION.
When the officer holding an execution is of the opinion that the judgment debtor has more property of the classes specified in section 550.37 than is exempt the officer may levy upon the whole of any one class and make an inventory thereof and cause the same to be appraised on oath by two disinterested persons. If such appraisal exceeds the amount exempt of that class, the debtor may forthwith select of such property an amount not exceeding in appraised value the amount exempt, and the balance shall be applied by the officer as in other cases. If the debtor does not make such selection, the officer may make the same. If one or more indivisible articles of such class is of greater value than the whole amount exempt of that class, the officer shall sell the same and, after paying to the debtor the amount thereof exempt, shall apply the residue in discharge of the process.
History:
(9448) RL s 4318; 1986 c 444
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 550 — Executions, Redemption, Exemptions › Section 550.42 — Waiver Of Agricultural Debtor's Rights.

550.42 WAIVER OF AGRICULTURAL DEBTOR'S RIGHTS.
Subdivision 1.
Waiver is void.
(a) A waiver of statutory rights of a debtor in a contract, loan agreement, or security agreement as a condition for a loan of money for agricultural production is void unless the waiver is expressly authorized by law.
(b) A waiver of mediation rights under chapter 583, the right to an offer under section 500.245, subdivision 1, or the debtor's statutory rights under chapter 580, 581, or 582 for a mortgage on agricultural property, is void unless the waiver is expressly authorized by law.
Subd. 2.
Penalty.
A person, corporation, financial institution, or other legal entity is liable to a debtor for up to $2,500 plus attorney fees if the person or entity:
(1) requires a waiver subject to subdivision 1 in a contract, loan agreement, or security agreement, and does not acknowledge that the waiver subject to subdivision 1 is void; or
(2) attempts to enforce a waiver that is void under subdivision 1.
History:
1987 c 396 art 3 s 1; 1997 c 126 s 6
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 551 — Attorney's Summary Executions › Section 551.01 — Attorney's Summary Execution Of Judgment Debts; When Authorized.

551.01 ATTORNEY'S SUMMARY EXECUTION OF JUDGMENT DEBTS; WHEN AUTHORIZED.
An attorney for a judgment creditor may execute on a money judgment by levying on indebtedness owed to the judgment debtor by a third party, pursuant to this chapter. The attorney for the judgment creditor must obtain a writ of execution issued under section 550.04 before the attorney can execute pursuant to this chapter. No more than $10,000 may be recovered by a single notice of execution levy pursuant to this section. No more than one execution may be served on a single third party by a judgment creditor each calendar day under this chapter.
History:
1990 c 606 art 2 s 1; 2000 c 405 s 6
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 551 — Attorney's Summary Executions › Section 551.02 — Scope Of General And Specific Provisions.

551.02 SCOPE OF GENERAL AND SPECIFIC PROVISIONS.
General provisions and definitions relating to attorney's summary execution, as authorized in this chapter, are set forth in sections 551.03 and 551.04. Specific provisions relating to attorney's summary execution on funds at a financial institution are set forth in section 551.05. Specific provisions relating to attorney's summary execution of earnings are set forth in section 551.06. When an attorney is levying against either funds at a financial institution or earnings, the specific provisions of section 551.05 or 551.06 must be complied with in addition to the general provisions set forth in sections 551.03 and 551.04. Provisions contained in the statutory forms are incorporated in this chapter and have the same force of law as any other provisions in this chapter.
History:
1990 c 606 art 2 s 2
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 551 — Attorney's Summary Executions › Section 551.03 — Definitions.

551.03 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2.
Judgment creditor.
"Judgment creditor" means a party who has a judgment for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action and who is serving the execution levy.
Subd. 3.
Judgment debtor.
"Judgment debtor" means a party against whom the judgment creditor has a judgment for the recovery of money in the civil action whether that party is the plaintiff, defendant, or other party in the civil action.
Subd. 4.
Third party.
"Third party" means the person or entity upon whom the execution levy is served.
Subd. 5.
Claim.
"Claim" means the unpaid balance of the creditor's judgment against the judgment debtor, including all lawful interest and costs incurred.
History:
1990 c 606 art 2 s 3
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 551 — Attorney's Summary Executions › Section 551.041 — Attorney's Summary Execution Of Funds Being Held Pursuant To Garnishment Summons.

551.041 ATTORNEY'S SUMMARY EXECUTION OF FUNDS BEING HELD PURSUANT TO GARNISHMENT SUMMONS.
Pursuant to this section, an attorney for a judgment creditor may execute on funds retained by a garnishee under a garnishment summons served pursuant to chapter 571. No more than $10,000 may be recovered by a single execution levy pursuant to this section. When levying upon money or earnings being retained by a garnishee pursuant to a garnishment summons, the attorney shall serve a copy of the writ of execution upon the garnishee by registered or certified mail, or by personal service. Along with a copy of the writ of execution, the attorney shall serve upon the garnishee a notice of levy on garnishee that must be substantially in the form set forth below. If the judgment creditor paid the garnishee the fee required by chapter 571, no additional fee must be paid to the garnishee for the levy. The notice of levy on garnishee may not be served until the judgment debtor's right to claim an exemption has expired under chapter 571.
DISTRICT COURT
. JUDICIAL DISTRICT
File No. .
NOTICE OF LEVY
ON GARNISHEE
PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, chapter 551, the undersigned as attorney for the judgment creditor, hereby makes demand and levies execution upon all money or earnings being retained by you (up to $10,000) pursuant to the judgment creditor's garnishment summons dated ................ A copy of the writ of execution issued by the court is enclosed. Upon receipt of this levy, you shall remit to the judgment creditor's attorney all funds being held by you pursuant to the garnishment summons. The funds shall be remitted within 15 days after receipt of this levy.
Attorney for the Judgment Creditor
Address: .
.
Phone Number: .
Attorney I.D. No.: .
History:
2000 c 405 s 10
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 551 — Attorney's Summary Executions › Section 551.042 — Money Due From State Departments.

551.042 MONEY DUE FROM STATE DEPARTMENTS.
Money due or owing to any entity or person by the state on account of any employment, work, contract with, or services provided to any state department or agency is subject to attachment. The notice of third party levy and disclosure may be served upon the head of the department or agency in the same manner as other summons in that court of record, except that service may not be made by publication. Service of the notice may also be made by certified mail, return receipt requested. The disclosure shall be made by the head of the department or agency, or by some person designated by the head of the department or agency having knowledge of the facts. If payment is made pursuant to judgment against the state as a third party, a certificate of satisfaction to the extent of the payment endorsed on it shall be delivered to the head of the department or agency as a voucher for the payment.
History:
2000 c 405 s 11
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 551 — Attorney's Summary Executions › Section 551.043 — Salary Of Public Servants.

551.043 SALARY OF PUBLIC SERVANTS.
The salary or wages of an official or employee of a county, town, city, or school district, or any department of these bodies, is subject to attachment. The notice of third-party levy and disclosure shall be served upon the auditor, treasurer, or clerk of the body, or head of the department of the body of which that person is an official or employee. The disclosure shall be made by the officer or person so served, or by some person designated by that person having knowledge of the facts. If payment is made by the county, town, city, or school district, or any department of these bodies pursuant to a judgment against it as a third party, a certified copy of the judgment with a certificate of satisfaction to the extent of the payment endorsed on it shall be delivered to the treasurer as a voucher for the payment.
History:
2000 c 405 s 12
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 552 — Support Judgment Debts; Summary Execution › Section 552.01 — Definitions.

552.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2.
Public authority.
"Public authority" means the public authority responsible for child support enforcement.
Subd. 3.
Judgment debtor.
"Judgment debtor" means an obligor against whom the public authority has a judgment for the recovery of money owed pursuant to a support order as defined in section 518A.26, subdivision 21.
Subd. 4.
Third party.
"Third party" means the person or entity upon whom the execution levy is served.
Subd. 5.
Claim.
"Claim" means the unpaid balance of the public authority's judgment against the judgment debtor, including all lawful interest and costs incurred.
Subd. 6.
Financial institution.
"Financial institution" means all entities identified in section 13B.06.
Subd. 7.
Judgment.
"Judgment" means a child support judgment by operation of law under section 548.091, subdivision 1a, or under a proceeding under section 548.091, subdivision 2a.
History:
1997 c 203 art 6 s 85; 2000 c 458 s 8,9; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 552 — Support Judgment Debts; Summary Execution › Section 552.02 — Public Authority's Summary Execution Of Support Judgment Debts; When Authorized.

552.02 PUBLIC AUTHORITY'S SUMMARY EXECUTION OF SUPPORT JUDGMENT DEBTS; WHEN AUTHORIZED.
The public authority may execute on a money judgment resulting from money owed pursuant to a support order by levying under this chapter on indebtedness owed to the judgment debtor by a third party. The public authority may execute under this chapter upon service of a notice of support judgment levy for which the seal of the court is not required.
History:
1997 c 203 art 6 s 86
2023 Minnesota Statutes › Chapters 540 - 552 — Civil Procedure › Chapter 552 — Support Judgment Debts; Summary Execution › Section 552.03 — Scope Of General And Specific Provisions.

552.03 SCOPE OF GENERAL AND SPECIFIC PROVISIONS.
General provisions relating to the public authority's summary execution as authorized in this chapter are set forth in section 552.04. Specific provisions relating to summary execution on funds at a financial institution are set forth in section 552.06. When the public authority levies against funds at a financial institution, the specific provisions of section 552.06 must be complied with in addition to the general provisions of section 552.04 that are not inconsistent with the specific provisions of section 552.06. Provisions contained in the statutory forms are incorporated in this chapter and have the same force of law as any other provisions in this chapter.
History:
1997 c 203 art 6 s 87; 2000 c 458 s 10
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 553 — Abolition Of Various Civil Actions › Section 553.01 — Breach Of Promise; Alienation Of Affections; Criminal Conversation And Seduction; Declaration Of Policy.

553.01 BREACH OF PROMISE; ALIENATION OF AFFECTIONS; CRIMINAL CONVERSATION AND SEDUCTION; DECLARATION OF POLICY.
Actions based upon alleged alienation of affections, criminal conversation, seduction, and breach of contract to marry have been subject to grave abuses, have caused intimidation and harassment, to innocent persons and have resulted in the perpetration of frauds. It is declared as the public policy of the state that the best interests of the people of the state will be served by the abolition of these causes of action.
History:
1978 c 515 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 553 — Abolition Of Various Civil Actions › Section 553.02 — Civil Causes Abolished.

553.02 CIVIL CAUSES ABOLISHED.
All civil causes of action for breach of promise to marry, alienation of affections, criminal conversation, and seduction are abolished.
History:
1978 c 515 s 2
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 553 — Abolition Of Various Civil Actions › Section 553.03 — Breach Of Contract To Marry Not Actionable.

553.03 BREACH OF CONTRACT TO MARRY NOT ACTIONABLE.
No act done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by sections 553.01 to 553.03. No contract to marry made or entered into in this state shall operate to give rise, either within or without this state, to any cause or right of action for breach, nor shall any action alleging breach of contract to marry be heard in the courts of this state.
History:
1978 c 515 s 3
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 554 — Free Speech; Participation In Government › Section 554.01 — Definitions.

554.01 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to this chapter.
Subd. 2.
Government.
"Government" includes a branch, department, agency, official, employee, agent, or other person with authority to act on behalf of the federal government, this state, or any political subdivision of this state, including municipalities and their boards, commissions, and departments, or other public authority.
Subd. 3.
Judicial claim; claim.
"Judicial claim" or "claim" includes any civil lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing seeking damages for an alleged injury. "Judicial claim" does not include a claim solely for injunctive relief.
Subd. 4.
Motion.
"Motion" includes any motion to dismiss, motion for summary judgment, or any other judicial pleading filed to dispose of a judicial claim.
Subd. 5.
Moving party.
"Moving party" means any person on whose behalf the motion described in section 554.02, subdivision 1, is filed seeking dismissal of an action under this chapter.
Subd. 6.
Public participation.
"Public participation" means speech or lawful conduct that is genuinely aimed in whole or in part at procuring favorable government action, including but not limited to:
(1) seeking assistance from, or reporting suspected unlawful conduct to, law enforcement;
(2) speaking before a zoning board regarding a real estate development project;
(3) communicating with an elected official concerning a change in law;
(4) demonstrating peacefully for or against a government action; and
(5) filing a complaint with a government entity regarding safety, sexual harassment, civil rights, or equal employment rights.
Subd. 7.
Responding party.
"Responding party" means any person against whom a motion described in section 554.02, subdivision 1, is filed.
History:
1994 c 566 s 1; 2015 c 49 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 554 — Free Speech; Participation In Government › Section 554.02 — Protection Of Citizens To Participate In Government.

554.02 PROTECTION OF CITIZENS TO PARTICIPATE IN GOVERNMENT.
Subdivision 1.
Applicability.
This section applies to any motion in a judicial proceeding to dispose of a judicial claim on the grounds that the claim materially relates to an act of the moving party that involves public participation.
Subd. 2.
Procedure.
On the filing of any motion described in subdivision 1:
(1) discovery must be suspended pending the final disposition of the motion, including any appeal; provided that the court may, on motion and after a hearing and for good cause shown, order that specified and limited discovery be conducted;
(2) the responding party has the burden of proof, of going forward with the evidence, and of persuasion on the motion;
(3) the court shall grant the motion and dismiss the judicial claim unless the court finds that the responding party has produced clear and convincing evidence that the acts of the moving party are not immunized from liability under section 554.03; and
(4) any governmental body to which the moving party's acts were directed or the attorney general's office may intervene in, defend, or otherwise support the moving party.
History:
1994 c 566 s 2
NOTE:
This section was found unconstitutional as applied to claims at law alleging torts in
Leiendecker v. Asian Women United of Minnesota
, 895 N.W.2d 623 (Minn. 2017).
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 554 — Free Speech; Participation In Government › Section 554.03 — Immunity.

554.03 IMMUNITY.
Lawful conduct or speech that is genuinely aimed in whole or in part at procuring favorable government action is immune from liability, unless the conduct or speech constitutes a tort or a violation of a person's constitutional rights.
History:
1994 c 566 s 3
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 554 — Free Speech; Participation In Government › Section 554.04 — Fees And Damages.

554.04 FEES AND DAMAGES.
Subdivision 1.
Attorney fees and costs.
The court shall award a moving party who prevails in a motion under this chapter reasonable attorney fees and costs associated with the bringing of the motion.
Subd. 2.
Damages.
(a) A moving party may petition the court for damages under this section in conjunction with a motion under this chapter.
(b) If a motion under this chapter is granted and the moving party demonstrates that the respondent brought the cause of action in the underlying lawsuit for the purpose of harassment, to inhibit the moving party's public participation, to interfere with the moving party's exercise of protected constitutional rights, or otherwise wrongfully injure the moving party, the court shall award the moving party actual damages. The court may award the moving party punitive damages under section 549.20. A motion to amend the pleadings under section 549.191 is not required under this section, but the claim for punitive damages must meet all other requirements of section 549.191.
History:
1994 c 566 s 4; 1995 c 186 s 98
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 554 — Free Speech; Participation In Government › Section 554.045 — Action In District Court.

554.045 ACTION IN DISTRICT COURT.
A person may bring an action under this section in state district court against a respondent who has brought a claim in federal court that materially relates to public participation by the person. If the person demonstrates that the respondent's action in federal court was brought for the purpose of harassment, to inhibit the person's public participation, to interfere with the person's exercise of protected constitutional rights, or otherwise wrongfully injure the person, the court shall award the person actual damages and reasonable attorney fees and costs. The court may award the person punitive damages under section 549.20.
History:
1997 c 209 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 554 — Free Speech; Participation In Government › Section 554.05 — Relationships To Other Law.

554.05 RELATIONSHIPS TO OTHER LAW.
Nothing in this chapter limits or precludes any rights the moving party or responding party may have under any other constitutional, statutory, case, or common law, or rule. Nothing in this chapter exempts individuals from their professional obligations of confidentiality.
History:
1994 c 566 s 5; 2015 c 49 s 2
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.01 — Courts To Construe Rights.

555.01 COURTS TO CONSTRUE RIGHTS.
Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
History:
(9455-1) 1933 c 286 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.02 — May Have Instruments Construed.

555.02 MAY HAVE INSTRUMENTS CONSTRUED.
Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
History:
(9455-2) 1933 c 286 s 2
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.03 — Contract May Be Construed.

555.03 CONTRACT MAY BE CONSTRUED.
A contract may be construed either before or after there has been a breach thereof.
History:
(9455-3) 1933 c 286 s 3
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.04 — Construction, By Whom Requested.

555.04 CONSTRUCTION, BY WHOM REQUESTED.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, person who lacks mental capacity, or insolvent, may have a declaration of rights or legal relations in respect thereto:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
History:
(9455-4) 1933 c 286 s 4; 2013 c 59 art 3 s 13
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.05 — Enumeration Not Exclusive.

555.05 ENUMERATION NOT EXCLUSIVE.
The enumeration in sections 555.02 to 555.04 does not limit or restrict the exercise of the general powers conferred in section 555.01, in any proceeding where declaratory relief is sought, in which judgment or decree will terminate the controversy or remove an uncertainty.
History:
(9455-5) 1933 c 286 s 5
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.06 — Discretionary.

555.06 DISCRETIONARY.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
History:
(9455-6) 1933 c 286 s 6
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.07 — Review.

555.07 REVIEW.
All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
History:
(9455-7) 1933 c 286 s 7
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.08 — Supplemental Relief.

555.08 SUPPLEMENTAL RELIEF.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
History:
(9455-8) 1933 c 286 s 8
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.09 — Issues Of Fact May Be Tried.

555.09 ISSUES OF FACT MAY BE TRIED.
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending; provided, that any issue of fact for which a jury trial is not required may be brought on for trial at any special term of the court in like manner as an issue of law unless there is a general term of the court at which such issue of fact may be tried as soon as at such special term.
History:
(9455-9) 1933 c 286 s 9; 1943 c 25 s 1
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.10 — Costs.

555.10 COSTS.
In any proceeding under this chapter, the court may make such award of costs as may seem equitable and just.
History:
(9455-10) 1933 c 286 s 10
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.11 — Parties.

555.11 PARTIES.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard.
History:
(9455-11) 1933 c 286 s 11
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.12 — Remedial.

555.12 REMEDIAL.
This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.
History:
(9455-12) 1933 c 286 s 12
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.13 — Person.

555.13 PERSON.
The word "person," wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character.
History:
(9455-13) 1933 c 286 s 13
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.14 — Provisions Separable.

555.14 PROVISIONS SEPARABLE.
The several sections and provisions of this chapter, except sections 555.01 and 555.02, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not effect or render the remainder of the chapter invalid or inoperative.
History:
(9455-14) 1933 c 286 s 14
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.15 — Uniformity Of Interpretation.

555.15 UNIFORMITY OF INTERPRETATION.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
History:
(9455-15) 1933 c 286 s 15
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 555 — Uniform Declaratory Judgments Act › Section 555.16 — Citation, Uniform Declaratory Judgments Act.

555.16 CITATION, UNIFORM DECLARATORY JUDGMENTS ACT.
This chapter may be cited as the Uniform Declaratory Judgments Act.
History:
(9455-16) 1933 c 286 s 16
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.01 — Usurpation Of Office, Illegal Act.

556.01 USURPATION OF OFFICE, ILLEGAL ACT.
When the attorney general has reason to believe that a cause of action can be proved, the attorney general may bring an action in the name of the state, upon the complaint of a private person, or upon other information, against the person offending, in the following cases:
(1) when any person usurps, intrudes into, or unlawfully holds or exercises any public office or any franchise, or any office in a corporation created by authority of the state;
(2) when any public officer does or suffers an act which by law causes a forfeiture of office; or
(3) when an association or number of persons acts as a corporation without being duly incorporated.
History:
(9711) RL s 4545; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.02 — Usurping Office; Complaint; Judgment.

556.02 USURPING OFFICE; COMPLAINT; JUDGMENT.
When such action is brought against a person for usurping an office, the attorney general, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, and by what right; and in every such case judgment may be rendered upon the right of the defendant, and also upon that of the person so alleged to be entitled, if justice shall require.
History:
(9714) RL s 4548; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.03 — Claimant To Have Office.

556.03 CLAIMANT TO HAVE OFFICE.
If judgment be rendered in favor of the person so alleged to be entitled, that person may assume the office, and, by order of the court, may be put in possession thereof, and of the books and papers belonging thereto, and may recover, by action, any damages sustained by reason of such usurpation.
History:
(9715) RL s 4549; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.04 — Claimants May Be Joined.

556.04 CLAIMANTS MAY BE JOINED.
When there are several claimants to the same office or franchise, one action may be brought against all to determine their respective rights.
History:
(9716) RL s 4550
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.05 — Judgment For Usurpation; Fine.

556.05 JUDGMENT FOR USURPATION; FINE.
When a person or corporation is adjudged guilty of usurping, intruding into, or unlawfully holding or exercising any office, franchise, or privilege, the court shall render judgment excluding the defendant from the office, franchise, or privilege and may also impose a fine of not more than $3,000.
History:
(9717) RL s 4551; 1984 c 628 art 3 s 11
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.06 — Act Of Incorporation, Annulment.

556.06 ACT OF INCORPORATION, ANNULMENT.
The attorney general may bring an action in the name of the state against a corporation to annul the act of incorporation, or of renewal thereof, on the ground that such act was procured upon some fraudulent suggestion, or concealment of a material fact, by some or all of the incorporators, or with their knowledge and consent.
History:
(9709) RL s 4543
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.07 — Corporate Charter, Vacation.

556.07 CORPORATE CHARTER, VACATION.
An action may be brought by the attorney general in the name of the state to vacate the charter or annul the existence of a corporation, other than municipal, whenever such corporation:
(1) offends against any act creating, altering, or renewing it;
(2) violates any provision of law whereby it forfeits its charter by abuse of its powers;
(3) forfeits its privileges or franchises by failure to exercise its powers;
(4) does or omits any act amounting to a surrender of its corporate rights, privileges, and franchises; or
(5) exercises a franchise or privilege not conferred upon it by law.
The attorney general shall bring action in every case of public interest, whenever the attorney general has reason to believe that any of these acts or omissions can be proved, and in every other case in which satisfactory security shall be given to indemnify the state against costs and expenses.
History:
(9710) RL s 4544; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.08 — Corporation, When Dissolved.

556.08 CORPORATION, WHEN DISSOLVED.
If the court shall determine that a corporation, by neglect, abuse, or surrender, has forfeited its corporate rights, privileges, and franchises, it shall adjudge that it be excluded therefrom and be dissolved.
History:
(9718) RL s 4552
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.09 — Costs.

556.09 COSTS.
If judgment be rendered in such action against a corporation, or against persons claiming to be such, the court may cause the costs therein to be collected by execution against such persons, or by process against the directors or other officers of such corporation.
History:
(9719) RL s 4553
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.10 — Judgment Against Corporation; Receiver.

556.10 JUDGMENT AGAINST CORPORATION; RECEIVER.
When such judgment is rendered against a corporation, the court may restrain it, appoint a receiver of its property, and make distribution thereof among its creditors, for which purpose the attorney general shall forthwith institute proceedings.
History:
(9720) RL s 4554
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.11 — Letters Patent, Vacation.

556.11 LETTERS PATENT, VACATION.
The attorney general may bring an action in the name of the state to vacate or annul letters patent granted by the state, whenever the attorney general has reason to believe:
(1) that such letters were obtained by means of some fraudulent suggestion or concealment of a material fact, made by or with the consent or knowledge of the person to whom they were issued;
(2) that such letters were issued through mistake, or in ignorance of a material fact; or
(3) that the patentee, or those claiming under the patentee, have done or omitted an act in violation of the terms and conditions on which the letters were granted, or have by any other means forfeited the interest acquired thereunder.
History:
(9712) RL s 4546; 1986 c 444
2023 Minnesota Statutes › Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies › Chapter 556 — Usurpation Of Office And Corporation; Letters Patent › Section 556.12 — Judgment Roll; Copy Filed.

556.12 JUDGMENT ROLL; COPY FILED.
Upon rendition of such judgment against a corporation, or for the vacating or annulling of letters patent, the attorney general shall forthwith cause a copy of the judgment roll to be filed with the secretary of state.
History:
(9721) RL s 4555