Minnesota General Rules of Practice for the District Courts

Includes amendments effective January 1, 2006

Provided by the Minnesota Supreme Court Commissioner’s Office

 

TITLE VI.  CONCILIATION COURT RULES

 

Rule 501.               Applicability of Rules

Rule 502.               Jurisdiction

Rule 503.               Computation of Time

Rule 504.               Judge(s); Administrator; Reporting

Rule 505.               Commencement of Action

Rule 506.               Fees; Affidavit in Lieu of Fees

Rule 507.               Statement of Claim and Counterclaim; Contents; Verification

Rule 508.               Summons; Trial Date

Rule 509.               Counterclaim

Rule 510.               Counterclaim in Excess of Court's Jurisdiction

Rule 511.               Notice of Settlement

Rule 512.               Trial

Rule 513.               Absolute or Conditional Costs; Filing of Orders

Rule 514.               Notice of Order for Judgment

Rule 515.               Entry of Judgment

Rule 516.               Costs and Disbursements

Rule 517.               Payment of Judgment

Rule 518.               Docketing of Judgment in District Court; Enforcement

Rule 519.               Docketing of Judgment Payable in Installments

Rule 520.               Vacation of Judgment Order and Judgment

Rule 521.               Removal (Appeal) to District Court

Rule 522.               Pleadings in District Court

Rule 523.               Procedure in District Court

Rule 524.               Mandatory Costs in District Court

Rule 525.               Appeal from District Court

 

APPENDIX OF FORMS

UCF-8                  Statement of Claim and Summons

UCF-9                  Judgment and Notice of Judgment

UCF-10                Defendant's Counterclaim and Notice of Hearing

UCF-22                 Financial Disclosure Form

UCF-508.1            Affidavit of Service         

 

Rule 501.  Applicability of Rules

                Rules 501 through 525 apply to all conciliation court proceedings.

Rule 502.  Jurisdiction

                The conciliation court shall have jurisdiction and powers as prescribed by law.

Rule 503.  Computation of Time

                (a)               General.  All time periods shall be measured by starting to count on the first day after any event happens which by these rules starts the running of a time period.  If the last day of the time period is anything other than a working week day, then the last day is the next working week day.

               (b)               Time Periods Less Than Seven Days.  When the time period is less than seven days, only working week days shall be counted.

               (c)               Working Week Day.  A “working week day” means a day which is not a Saturday, Sunday or legal holiday.  For purposes of this rule, a legal holiday includes all state level judicial branch holidays established pursuant to law and any other day on which county offices in the county in which the conciliation court is held are closed pursuant to law.

1993 Committee Comment

State level judicial branch holidays are defined in Minnesota Statutes, section 645.44, subdivision 5 (1990), which includes:  New Year’s Day, January 1; Martin Luther King’s Birthday, the third Monday in January; Washington’s and Lincoln’s Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran’s Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25.  Section 645.44, subdivision 5, further provides that when New Year’s Day, January 1; or Independence Day, July 4; or Veteran’s Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and that when New Year’s Day, January 1; or Independence Day, July 4; or Veteran’s Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday.  Section 645.44, subdivision 5, also authorizes the judicial branch to designate certain other days as holidays.  The 1992 Judicial Branch Personnel Plan designates the Friday after Thanksgiving as a holiday.

Conciliation courts are housed in county buildings, and the county is authorized to close county offices on certain days pursuant to Minnesota Statutes, section 373.052 (1990).  Thus, if a county closes its offices under section 373.052 on a day that is not a state level judicial branch holiday, such as Christopher Columbus Day, the second Monday in October, the conciliation court in that county would nevertheless include that day as a holiday for the purpose of computing time under Rule 503.  See Mittelstadt v. Breider, 286 Minn. 211, 175 N.W.2d 191 (1970) (applying section 373.052 to filing of notice of election contest with district court).  If a county does not close its offices on a day that is a state level judicial branch holiday, such as the Friday after Thanksgiving, the conciliation court in that county must still include that day as a holiday for the purpose of computing time under Rule 503. 

Rule 504.  Judge(s); Administrator; Reporting

                (a)               Judges.  The judge(s) and, where authorized by statute, full and part time judicial officers and referees of the district court shall serve as judge(s) of conciliation court for such periods and at such times as the judge(s) shall determine.  A judge, judicial officer, or referee so serving shall be known as a conciliation judge.

               (b)               Administrator.

(1) The court administrator shall manage the conciliation court, and may delegate a deputy or deputies to assist in performing the administrator’s duties.  The court administrator shall keep records and accounts and perform such duties as may be prescribed by the judge(s).  The court administrator shall account for, and transmit to the appropriate official, all fees received as required by statute or rule.

(2) Under supervision of the conciliation court judges, the court administrator shall explain to litigants the procedures and functions of the conciliation court and shall on request assist litigants in filling out the forms provided under Rules 507(b) and 518(b) of these rules and on request shall forward properly completed statement of claim and counterclaim forms to the administrator of the appropriate conciliation court together with the applicable fees, if any.  The court administrator shall also advise litigants of the availability of subpoenas to obtain witnesses and documents.  The performance of these duties shall not constitute the practice of law.

               (c)               Reporting.  Conciliation court trials and proceedings shall not be reported.                   

 

1993 Committee Comment

Rule 504(b)(2) requires court administrators to advise litigants of the availability of subpoenas under Rule 512(a).  The required advice may be provided orally or in writing (e.g. on the litigant’s copy of a court form, an accompanying instruction sheet, or in a brochure).

 

Rule 505.  Commencement of Action

 

               An action is commenced against a defendant when a statement of claim as required by Rule 507 is filed with the court administrator of the conciliation court having jurisdiction and the applicable fees are paid to the administrator or the affidavit in lieu of filing fees prescribed in Rule 506 is filed with the administrator.

 

Rule 506.  Fees; Affidavit in Lieu of Fees

 

               The court administrator shall charge and collect a filing fee in the amount established by law and the law library fee, from every plaintiff and from every defendant when the first paper for that party is filed in any conciliation court action.  If the plaintiff or defendant who is a natural person signs and files with the court administrator an affidavit claiming an inability to pay the applicable fees, no fees are required.  If the affiant prevails on a claim or counterclaim, the amount of the fees which would have been payable by the affiant must be included in the order for judgment and paid to the administrator of conciliation court by the affiant out of any money recovered by the affiant on the judgment.

 

1993 Committee Comment

 

Statewide conciliation court filing fees are established by the legislature (see Minnesota Statutes, section 357.022).  The law library fee is established by the local law library board, and these fees typically range from $0 to $10 Minnesota Statutes, sections 134A.09 and 134A.10 (1990 and 1991 Supplement).  The fee waiver procedure under Rule 506 is essentially a clerical process, and the waiver applies to the conciliation court filing and law library fees only.  The procedure for waiver of other fees e.g. service fees under Rule 508(d)(3), subpoena fees under Rule 512(a), and removal/appeal fees under Rule 521(b)(4) is set forth in Minnesota Statutes, section 563.01 (1990), which requires a formal application to, and decision by, the court.  Only a party who is a natural person may utilize the fee waiver procedures under section 563.01 and Rule 506.

 

Rule 507.  Statement of Claim and Counterclaim; Contents; Verification

 

               (a)               Claim; Verification; Contents.  Each statement of claim and each counterclaim shall be made in the form approved by the court and shall contain a brief statement of the amount and nature of the claim, including relevant dates, and the name and address of the plaintiff and the defendant.  The court administrator shall assist with the completion of the statement of claim and counterclaim upon request.  Each statement of claim and each counterclaim shall also be signed and sworn to by the party, or the lawyer representing the party, in the presence of a notary public or the court administrator.

               (b)               Uniform Statement of Claim or Counterclaim; Acceptance by Court.  A statement of claim or counterclaim in the uniform form prescribed in the appendix to these rules shall be accepted by any conciliation court administrator when properly completed and filed with the applicable fees, if any.

 

1993 Committee Comment

 

Rule 507(b) requires that all courts accept a statement of claim or counterclaim properly completed on the form set forth in the appendix.  Rule 507(a) authorizes a court to tailor the forms that it makes available to litigants for use in that court or to approve forms prepared by the litigants.  This rule allows both the court and the litigants to benefit from increased efficiency through the use of various preprinted forms and word processor or computer generated forms.  Courts using tailored forms cannot, however, reject a statement of claim or counterclaim properly completed on the form set forth in the appendix. 

Rule 508.  Summons; Trial Date

                (a)              Trial Date.  When an action has been properly commenced, the court administrator shall set a trial date and prepare a summons.  Unless otherwise ordered by a judge, the trial date shall not be less than 10 days from the date of mailing or service of the summons. 

               (b)              Contents of Summons.  The summons shall state the amount and nature of the claim; require the defendant to appear at the trial in person or if a corporation, by officer or agent; shall specify that if the defendant does not appear judgment by default may be entered for the amount due the plaintiff, including fees, expenses and other items provided by statute or by agreement, and where applicable, for the return of property demanded by the plaintiff; and shall summarize the requirements for filing a counterclaim. 

               (c)              Service on Plaintiff.  The court administrator shall summon the plaintiff by first class mail.

               (d)              Service on Defendant.

                        (1)       If the defendant’s address as shown on the statement of claim is within the county, the administrator shall summon the defendant by first class mail, except that if the claim exceeds $2,500 the summons must be served by the plaintiff by certified mail, and proof of service must be filed with the administrator.  If the summons is not properly served and proof of service filed within 60 days after issuance of the summons, the action shall be dismissed without prejudice.

                        (2)       If the defendant’s address as shown on the statement of claim is outside the county but within the state, and the law provides for service of the summons anywhere within the state, the administrator shall summon the defendant by first class mail, except that if the claim exceeds $2,500 the summons must be served by the plaintiff by certified mail, and proof of service must be filed with the administrator.  If the summons is not properly served and proof of service filed within 60 days after issuance of the summons, the action shall be dismissed without prejudice.

                        (3)       If the defendant’s address as shown on the statement of claim is outside the state, the administrator shall forward the summons to the plaintiff who, within 60 days after issuance of the summons, shall cause it to be served on the defendant and file proof of service with the administrator.  If the summons is not properly served and proof of service filed within 60 days after issuance of the summons, the action shall be dismissed without prejudice.  A party who is unable to pay the fees for service of a summons may apply for permission to proceed without payment of fees pursuant to the procedure set forth in Minnesota Statutes, section 563.01.

                        (4)  Service by mail, whether first-class or certified, shall be effective upon mailing.

            (e)                   Proof of Service.  Service by first class mail or certified mail shall be proven by an affidavit of service in form substantially similar to that contained in Form 508.1.  Service may be alternatively proven, when made by the court administrator, by any appropriate notation in the court record of the date, time, method, and address used by the administrator to effect service.

            (Amended effective January 1, 2006)

1993 Committee Comment

The territorial jurisdiction of conciliation court is limited to the county boundaries, and a summons cannot be issued outside the county except in certain situations, including:  recovery of certain student loans by educational institutions located within the county; recovery of alleged dishonored checks issued within the county; certain claims arising out of rental property located within the county; actions against two or more defendants when one defendant resides in the county; actions against foreign corporations doing business in this state; and actions against nonresidents other than foreign corporations when the state has jurisdiction under Minnesota Statutes, section 543.19.  Minnesota Statutes, section 491A.01, subdivisions 3, 6 to 10 (Supplement 1993).  In situations in which the address of the defendant as shown on the statement of claim is outside the state, the summons is forwarded to the plaintiff who is then responsible for causing service of the summons on the defendant in the manner provided by law and filing proof of service with the court within 60 days of issuance of the summons.  Various laws govern the service of a summons on nonresident defendants.  See, e.g., Minnesota Statutes, sections 45.028 (foreign insurance entities doing business in this state); 303.13 (foreign corporations doing business in this state); 543.19 (other nonresident defendants subject to the jurisdiction of Minnesota’s courts).  The procedure under each of these laws is different, and it is the plaintiff’s responsibility to ensure that the appropriate procedures are followed.  For example, service on an unregistered foreign corporation pursuant to Minnesota Statutes, section 303.13 (1991 Supplement) can be accomplished by delivering three copies of the summons to the secretary of state and payment of a $35 fee.  The secretary of state then mails a copy to the defendant corporation and keeps a record of the mailing.  Rule 508(d) requires that the plaintiff file an affidavit of compliance which should be accompanied by the fee receipt from the secretary of state’s office or a copy

 of the summons bearing the date and time of filing with the secretary of state.  Service on an unregistered foreign insurance entity pursuant to Minnesota Statutes, section 45.028, subdivision 2 (1990), may be accomplished by:  (1) delivering a single copy of the summons to the commissioner of commerce (as of August 1, 1992, there is no filing fee); and (2) the plaintiff mailing a copy of the summons and notice of service to the foreign insurance company by certified mail; and (3) filing of an affidavit of compliance with the court.  Service is not effective until all steps are completed, including the filing of the affidavit of compliance, which should be accompanied by receipts or other proof of mailing and filing with the commissioner of commerce.  Finally, service on other nonresidents pursuant to Minnesota Statutes, section 543.19 (1990) requires that the summons be “personally served” on the nonresident and proof of service filed with the court.  Such “personal service” may only be made by a sheriff or any other person not less than 18 years of age who is not a party to the action.  Reichel v. Hefner, 472 N.W.2d 346 (Minnesota Appellate 1991) (applying Rule 4.02 of the rules of civil procedure for the district courts).

When service on a foreign corporation has been made under Minnesota Statutes, section 303.13 through the office of the secretary of state, the defendant corporation so served shall have 30 days from the date of mailing by the secretary of state in which to answer the complaint.  Thus, the conciliation court trial date must be scheduled to allow the defendant the full 30 days to appear.  Similarly, when certain foreign insurance entities are served under Minnesota Statutes, section 45.028, subdivision 2, the law also provides a 30-day response period see, e.g., Minnesota Statutes, section 64B.35, subdivision 2 (fraternal benefit societies) or prohibits default judgments until the expiration of 30 days from the filing of the affidavit of compliance.  Minnesota Statutes, section 60A.21, subdivision 1(4) (unauthorized foreign insurer).

Rule 508(d) recognizes that in most situations involving resident defendants, first class mail is a sufficient method of notifying the defendant of the claim.  If for some reason the summons cannot be delivered by mail, the last sentence of Rule 508(a) recognizes that personal service of the summons pursuant to the rules of civil procedure for the district court is always an effective means of providing notice of the claim.  The party filing the claim is responsible for obtaining personal service, including any costs involved.  As indicated above, “personal service” may only be made by a sheriff or any other person not less than 18 years of age who is not a party to the action. 

The provisions requiring service by certified mail were added in order to make the rules consistent with statutes.  See Minnesota Statutes, section 491A.01, subdivision 3(b) (Supplement 1993).  If the claim exceeds $2,500, the plaintiff is responsible for causing service of the summons on the defendant by certified mail, and filing proof of service with the court within 60 days of issuance of the summons.

 

Advisory Committee Comment – 2006 Amendment

 

Rule 508(d)(4) is a new provision, intended to remove any confusion in the rule over when service by mail is deemed complete. This question is important in determining questions of timing. Making service effective upon mailing is consistent with the provisions of Minn. R. Civ. P. 5.02 and Minn. R. Civ. App. P. 125.03

The rule has historically required proof of service, but has not specified how service is proven.  Rule 508(e) specifies that an affidavit of service should be prepared in form substantially similar to new Form 508.1 to prove service by anyone other than the court administrator.  Where the rule requires the administrator to effect service by mail or certified mail, it is not necessary to require an affidavit of the administrator to prove serve, and Rule 508(e) recognizes that a notation of the facts of service in the court’s file will suffice to prove that service was effected.

Some courts follow the practice of using certified mail receipts as proof of service.  In fact these receipts generally only prove receipt of the mailing, not the mailing itself.  Although proof of receipt may be important if a question arises as to the effectiveness of service, it is not an adequate substitute for proof of the facts of service, including the date of mailing.

 

Rule 509.  Counterclaim

 

               (a)               Counterclaims Allowed.  The defendant may assert a counterclaim within jurisdiction of conciliation court which the defendant has against the plaintiff, whether or not arising out of the transaction or occurrence which is the subject matter of plaintiff's claim. 

               (b)               Assertion of Counterclaim.  To assert a counterclaim the defendant shall perform all the following not less than five days prior to the date set for trial of plaintiff's claim:

(1) file with the court administrator a counterclaim required by Rule 507;

(2) pay to the court administrator the applicable fees or file with the administrator the affidavit in lieu of fees prescribed in Rule 506

               (c)               Administrator’s Duties.  The court administrator shall assist with the preparation of the counterclaim on request.  When the counterclaim has been properly asserted, the court administrator shall note the filing of the counterclaim on the original claim, promptly mail notice of the counterclaim to plaintiff and set the counterclaim for trial on the same date as the original claim. 

               (d)               Late Filing.  No counterclaim shall be heard if filed less than five days before the trial date of plaintiff’s claim except by permission of the judge, who has discretion to allow a filing within the five-day period.  Should a continuance be requested by and granted to plaintiff because of the late filing, the judge may require payment of costs by defendant, absolute or conditional, not to exceed $50.

 

Rule 510.  Counterclaim in Excess of Court’s Jurisdiction

 

               (a)               The court administrator shall strike plaintiff’s action from the calendar if the defendant not less than five days of the date set for trial of plaintiff's claim, files with the court administrator an affidavit stating that:

(1) the defendant has a counterclaim against plaintiff arising out of the same transaction or occurrence as plaintiff’s claim, the amount of which is beyond monetary jurisdiction of the conciliation court, and

(2) the defendant has commenced or will commence within 30 days an action against plaintiff in a court of competent jurisdiction based on such claim.

               (b)               The plaintiff’s action shall be subject to reinstatement on the trial calendar at any time after 30 days and up to three years, upon the filing by plaintiff of an affidavit showing that the plaintiff has not been served with a summons by defendant.  If the action is reinstated, the court administrator shall set the case for trial and mail notice of the trial date to the parties by first class mail.

               (c)               Absolute or conditional costs, not to exceed $50, may be imposed against the defendant if the defendant fails to commence an action as provided in paragraph (a)(2) of this rule, and the court determines that the defendant caused the plaintiff’s action to be stricken from the calendar in bad faith or solely to delay the proceedings or to harass.

 

Rule 511.  Notice of Settlement

 

               If the parties agree on a settlement prior to trial, each party who has made a claim or counterclaim shall promptly advise the court in writing that the claim or counterclaim has been settled and that it may be dismissed. 

 

               (Added effective July 1, 1993.)

 

Rule 512.  Trial

 

               (a)               Subpoenas.  Upon request of a party and payment of the applicable fee, the court administrator shall issue subpoenas for the attendance of witnesses and production of documentary evidence at the trial.  Minnesota Rules of Civil Procedure 45.01, 45.02, 45.03, 45.05, 45.06, and 45.07 apply to subpoenas issued under this rule.  A party who is unable to pay the fees for issuance and service of a summons may apply for permission to proceed without payment of fees pursuant to the procedure set forth in Minnesota Statutes, section 563.01.

               (b)               Testimony and Exhibits.  Subject to part (d) of this rule, the judge shall hear testimony of the parties, their witnesses, and shall consider exhibits offered by the parties.  The party offering an exhibit shall mark the party’s name on the exhibit in a manner that will not obscure the exhibit.  All exhibits will be returned to the parties at the conclusion of the trial unless otherwise ordered by the judge.

               (c)               Appearances.  The parties shall appear in person, unless otherwise authorized by the court, and may be represented by a lawyer admitted to practice law before the courts of this state.  A lawyer representing a party in conciliation court may participate in the trial to the extent and in the manner that the judge, in the judge's discretion, deems helpful.

               A corporation, partnership, limited liability company, sole proprietorship, or association may be represented in conciliation court by an officer, manager, or partner, or an agent in the case of a condominium, cooperative or townhouse association, or may appoint a natural person who is an employee of the party or a commercial property manager to appear on its behalf or settle a claim in conciliation court.  In the case of an officer, employee, commercial property manager, or agent of a condominium, cooperative or townhouse association, an authorized power of attorney, corporate authorization resolution, corporate by-law or other evidence of authority acceptable to the court must be filed with the claim or presented at the trial.  The authority shall remain in full force and effect only as long as the case is active in conciliation court.

               “Commercial property manager” means a corporation, partnership, or limited liability company or its employees who are hired by the owner of commercial real estate to perform a broad range of administrative duties at the property including tenant relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant disputes, and related matters.  In order to appear in conciliation court, a property manager’s employees must possess a real estate license under Minnesota Statutes, section 82.20, and be authorized by the owner of the property to settle all disputes with tenants and others within the jurisdictional limits of conciliation court.

               (d)               Evidence.  The judge shall normally receive only evidence admissible under the rules of evidence, but in the exercise of discretion and in the interests of justice, may receive otherwise inadmissible evidence.

               (e)               Conciliation; Judgment.  The judge may attempt to conciliate disputes and encourage fair settlements among the parties.  If at the trial the parties agree on a settlement the judge shall order judgment in accordance with the settlement.  If no agreement is reached, the judge shall hear, determine the cause, and order judgment.  Written findings of fact or conclusions of law shall not be required.

               (f)               Failure of Defendant to Appear.  If the defendant fails to appear at the trial, after being summoned as provided in these rules, the judge may hear the plaintiff and may:

(1) order judgment in the amount due the plaintiff, including fees, expenses and other items provided by law or by agreement, and where applicable, order return of property to the plaintiff or

(2) otherwise dispose of the matter.

               (g)               Failure of Plaintiff to Appear, Defendant Present.  Should plaintiff fail to appear at the trial, but defendant appears, the judge may hear the defendant and may:

(1) order judgment of dismissal on the merits or order a dismissal without prejudice on the plaintiff’s statement of claim, and where applicable, order judgment on defendant’s

 counterclaim in the amount due the defendant, including fees, expenses and other items provided by law or by agreement, and where applicable, order return of property to the defendant, or

(2) otherwise dispose of the matter.

               (h)               Continuances.  On proper showing of good cause, a continuance may be granted by the court on request of either party.  The court may require payment of costs, absolute or conditional, not to exceed $50, as a condition of such an order. On proper showing of good cause, requests for continuance that are made at least five days prior to the trial may be granted by the court administrator.  Continuances granted by the court administrator shall be limited to one continuance per party. 

 

               (Amended effective August 1, 1994.)

 

1993 Committee Comment

 

Rule 512(a) authorizes the issuance of subpoenas to secure the attendance of witnesses and production of documentary evidence.  The attendance of the parties is required by Rule 512(c).

The fee for issuing a subpoena is $3.  Minnesota Statutes, section 357.021, subdivision 2(3) (1990).  A subpoena may be served by the sheriff, a deputy sheriff, or any other person not less than 18 years of age who is not a party to the action.  Minnesota Rules of Civil Procedure 4.02; 45.03.  The sheriff’s fees and mileage reimbursement rate for service of a subpoena are set by the county board.  Minnesota Statutes, section 357.09 (1990).

Witnesses are also entitled to attendance fees and travel fees, and, unless otherwise ordered by the court, a witness need not attend at the trial unless the party requesting the subpoena pays the witness one day's attendance and travel fees in advance of the trial.  Minnesota Statutes, section 357.22 (1990) ($10 per day attendance fee, $.24 per mile mileage fee, to and from courthouse, measured from witness' residence, if within state, or from state boundary line, if residence is outside the state); Minnesota Rules of Civil Procedure 45.03.

A witness who is not a party or an employee of a party and who is required to provide testimony or documents relating to a profession, business, or trade, or relating to knowledge, information, or facts obtained as a result of such profession, business or trade (e.g., a banker witness subpoenaed to produce bank records), is entitled to reasonable compensation for the time and expense involved in preparing for and giving such testimony or producing such documents.  The party requesting the subpoena must make arrangements for such compensation prior to the trial.  Minnesota Rules of Civil Procedure 45.06; D. Herr, R. Haydock, 2 Minnesota Practice, Civil Rules Annotated, section 45.14 (1985).  With respect to any subpoena requiring the production of documents, the court may also require the party requesting the subpoena to pay the reasonable costs of producing the documentary evidence.  Minnesota Rules of Civil Procedure 45.02.

Rule 512(e) does not preclude a court from providing the parties with a written explanation for the court’s decision.  Explanations, regardless of their brevity, are strongly encouraged.  Explanations provide litigants with some degree of assurance that their case received thoughtful consideration, and may help avoid unnecessary appeals.  Explanations may be inserted on Form UCF-9, appended to the rules, in either the Order for Judgment section on the front of the form or in the Memorandum section on the reverse side of the court’s copy of the form.

 

Rule 513.  Absolute or Conditional Costs; Filing of Orders

 

               In any case in which payment of absolute or conditional costs has been ordered as a condition of an order under any provision of these rules, the amount so ordered shall be paid to the court administrator before the order becomes effective or is filed.  Conditional costs shall be held by the court administrator to be paid in accordance with the final order entered in the case; absolute costs shall be promptly transmitted by the court administrator to the other party as that party’s absolute property.

 

Rule 514.  Notice of Order for Judgment

 

               The court administrator shall promptly mail to each party a notice of the order for judgment entered by the judge.  The notice shall state the last day for obtaining an order to vacate (where there has been a default) or for removing the cause to the civil division of district court under these rules.  The notice shall also contain a statement that if the cause is removed to district court, the court will allow the prevailing party to recover from the aggrieved party $50 as costs if the prevailing party on appeal is not the aggrieved party in the original action as provided in Rule 524.

 

1993 Committee Comment

 

Rules 515, 520(a), and 521(b) of these rules establish a uniform 20-day time period for obtaining an order to vacate or for removing the case to district court.  The 20 days is measured from the mailing of the notice of judgment, and the law requires that an additional three days be added to the time period when notice is served by mail.  Wilkins v. City of Glencoe, 479 N.W.2d 430 (Minnesota Appellate 1992) (construing Rule 6.05 of the Minnesota Rules of Civil Procedure).  Computing the deadline can be difficult and confusing for lay persons, and Rule 514 attempts to alleviate this problem by requiring the court administrator to perform the computation and specify the resulting date in the notice of order for judgment, taking into consideration applicable rules, including Rule 503 of these rules and Rule 6.05 of the Minnesota Rules of Civil Procedure.

 

Rule 515.  Entry of Judgment

 

               The court administrator shall promptly enter judgment as ordered by the judge.  The judgment shall be dated as of the date notice is sent to the parties.  The judgment so entered becomes finally effective twenty days after mailing of the notice, unless:

               (a)               payment has been made in full, or

               (b)               removal to district court has been perfected, or

               (c)               an order vacating the prior order for judgment has been filed, or

               (d)               ordered by a judge.

 

               As authorized by law, any judgment ordered may provide for satisfaction by payment in installments in amounts and at times, as the judge determines.  Should any installment not be paid when due, the entire unpaid balance of the judgment ordered, becomes immediately due and payable.

 

1993 Committee Comment

Rule 515 provides that a judgment becomes finally effective 20 days after notice of judgment is mailed to the parties, and the law requires that an additional three days be added to the time period when notice is served by mail.  Wilkins v. City of Glencoe, 479 N.W.2d 430 (Minnesota Appellate 1992) (construing Rule 6.05 of the Minnesota Rules of Civil Procedure).  Computing the effective date of the judgment can be difficult and confusing for lay persons, and Rule 514 attempts to alleviate this problem by requiring the court administrator to perform the computation and specify the resulting date in the notice of order for judgment, taking into consideration applicable rules, including Rule 503 of these rules and Rule 6.05 of the Minnesota Rules of Civil Procedure.  The purpose of the 20-day time period specified in Rule 515 is to permit a party to obtain an order to

 vacate under Rule 520(a) or effect removal of the case to district court under Rule 521(b).

The legislature has determined that any judgment ordered may provide for satisfaction by payment in installments in amounts and at such times, not exceeding one year for the last installment, as the judge determines to be just and reasonable.   Minnesota Statutes, section 491A.02, subdivision 5 (Supplement 1993).  Rule 512(e) recognizes that the one year limit on installment payments may be waived by the parties as part of a settlement.

 

Rule 516.  Costs and Disbursements

 

               The order for judgment shall include the fees paid or payable by the prevailing party pursuant to Rules 506 and 508(d)(3) of these rules and, in the discretion of the court, may include all or part of disbursements incurred by the prevailing party which would be taxable in district court and any conditional costs previously ordered to be paid by either party.

 

Rule 517.  Payment of Judgment

 

               The nonprevailing party may pay all or any part of the judgment to the court administrator for benefit of the prevailing party or may pay the prevailing party directly.  The court administrator shall enter on the court's records any payment made to the administrator or the prevailing party directly when satisfied that the direct payments have been made.

 

Rule 518.  Docketing of Judgment in District Court; Enforcement

 

               (a)               Docketing.  Except as otherwise provided in Rule 519 with respect to installment judgments, when a judgment has become finally effective as defined in Rule 515 of these rules the judgment creditor may obtain a transcript of the judgment from the court administrator on payment of the applicable statutory fee and file it in district court.  Once filed in district court the judgment becomes and is enforceable as a judgment of district court, and the judgment will be docketed by the court administrator upon presentation of an affidavit of identification.  No writ of execution or garnishment summons shall be issued out of conciliation court. 

               (b)               Enforcement.  Unless the parties have otherwise agreed, if a conciliation court judgment has been docketed in district court for a period of at least 30 days and the judgment is not satisfied, the district court shall upon request of the judgment creditor order the judgment debtor to mail to the judgment creditor information as to the nature, amount, identity, and location of all the debtor's assets, liabilities, and personal earnings.  The information shall be provided on a form prescribed by the Supreme Court (see form UCF-22 appended to these rules), and the information shall be sufficiently detailed to enable the judgment creditor to obtain satisfaction of the judgment by way of execution on nonexempt assets and earnings of the judgment debtor.  The order shall contain a notice that failure to complete the form and mail it to the judgment creditor within ten days after service of the order may result in a citation for civil contempt of court.  Cash bail posted as a result of being cited for civil contempt of court order under this rule may be ordered payable to the creditor to satisfy the judgment, either partially or fully.

 

1993 Committee Comment

 

The party in whose favor the judgment was entered (the “judgment creditor”) is responsible for enforcing the judgment if the other party (“the judgment debtor”) does not voluntarily comply with the judgment.  Obtaining a transcript of the judgment and filing it in district court under Rule 518(a) is the first step in enforcing a judgment.  A judgment requiring the payment of money (as opposed to a judgment requiring the return of property) will also be docketed by the court administrator upon transcription if the statutorily required affidavit of identification (Minnesota Statutes, section 548.09, subdivision 2 (1990)) is presented.  Docketing a money judgment creates a lien against all real property of the debtor in the county in which it is docketed, except for registered land, which requires an additional filing (pursuant to Minnesota Statutes, sections 508.63 and 508A.63) to create a lien.  Docketing must be accomplished before the judgment creditor is permitted to use the disclosure provisions of Rule 518(b), which may assist in locating assets of the judgment debtor.  Additional information on enforcement of judgments against nonexempt assets of the debtor is set forth in brochures and forms available from local court administration and legal aid offices.

Specific fee amounts have been deleted from these rules as the fees are subject to modification by the legislature.  Minnesota Statutes, section 357.021 (1990) ($7.50 transcription fee).  Whether a separate fee in addition to the transcription fee is required for filing and docketing is also subject to legislative modification.  Under current law, no separate fee may be charged for filing and docketing a conciliation court judgment in the district court of the county in which the judgment was rendered.

 

Rule 519.  Docketing of Judgment Payable in Installments

 

               No transcript of a judgment of conciliation court payable in installments shall be issued and filed until 20 days after default in payment of an installment due.

 

Rule 520.  Vacation of Judgment Order and Judgment

 

               (a)               Vacation of Order for Judgment Within 20 Days.  When a default judgment or judgment of dismissal on the merits has been ordered for failure to appear, the judge within 20 days after notice was mailed may vacate said judgment order ex parte and grant a new trial on a proper showing by the defaulting party of lack of notice, mistake, inadvertence or excusable neglect as the cause of that party’s failure to appear.  Absolute or conditional costs not to exceed $50 to the other party may be ordered as a prerequisite to that relief.

               (b)               Vacation of Judgment After 20 Days.  A default judgment may be vacated by the judge upon a proper showing by the defendant that:  (1) the defendant did not receive a summons before the trial within sufficient time to permit a defense and did not receive notice of the order for default judgment within sufficient time to permit application for relief within 20 days after notice, or (2) upon other good cause shown.  Application for relief pursuant to this Rule 520(b) shall be made within a reasonable time after the applicant learns of the existence of the judgment and shall be made by motion in accordance with the procedure governing motions in the district court, except that the motion is filed with the court administrator of conciliation court.  The order vacating the judgment shall grant a new trial on the merits and may be conditioned upon payment of absolute or conditional costs not to exceed $50.

               (c)               Notice.  The court administrator shall promptly notify the parties by mail of a new trial date.

 

1993 Committee Comment

 

Rule 520(a) establishes a 20-day time period for obtaining an order to vacate a default judgment order or order for judgment of dismissal.  The 20 days is measured from the mailing of the notice of judgment, and the law requires that an additional three days be added to the time period when notice is served by mail.  Wilkins v. City of Glencoe, 479 N.W.2d 430 (Minnesota Appellate 1992) (construing Rule 6.05 of the Minnesota Rules of Civil Procedure).  Computing the deadline can be difficult and confusing for lay persons, and Rule 514 attempts to alleviate this problem by requiring the court administrator to perform the computation and specify the resulting date in the notice of order for judgment, taking into consideration applicable rules, including Rule 503 of these rules and Rule 6.05 of the Minnesota Rules of Civil Procedure.

Rule 520(a) authorizes an informal, ex parte proceeding (involving appearance of one party only), which typically includes the presentation of an affidavit establishing lack of notice, mistake, inadvertence or excusable neglect as the cause of that party’s failure to appear.  In contrast, Rule 520(b) requires compliance with the formal requirements for making a motion in the district court.  See Minnesota Rules of Civil Procedure 4.02, 5.02, 6.05; Minnesota General Rules of Practice for the District Courts 115.01, 115.02, 115.04 to 115.10.  Forms and instructions are available from the conciliation court.

 

Rule 521.  Removal (Appeal) to District Court

 

               (a)               Trial de novo.  Any person aggrieved by an order for judgment entered in conciliation court after contested trial may remove the cause to district court for trial de novo (new trial).An “aggrieved person” may be either the judgment debtor or creditor.

               (b)               Removal Procedure.  To effect removal, the aggrieved party must perform all the following within 20 days after the date the court administrator mailed to that party notice of the judgment order:

(1) Serve on the opposing party or the opposing party’s lawyer a demand for removal of the cause to district court for trial de novo.  Service shall be by first class mail.  Service may also be by personal service in accordance with the provisions for personal service of a summons in district court.  The demand for removal shall state whether trial demanded is to be by court or jury, and shall indicate the name, address, and telephone number of the aggrieved party’s lawyer, if any.  If the aggrieved party is a corporation, the demand for removal must be signed by the party’s attorney.

(2) File with the court administrator the original demand for removal with proof of service.  The aggrieved party may file with the court administrator within the 20-day period the original and copy of the demand together with an affidavit by the party or the party’s lawyer showing that after due and diligent search the opposing party or opposing party’s lawyer cannot be located.  This affidavit shall serve in lieu of making service and filing proof of service.  When an affidavit is filed, the court administrator shall mail the copy of the demand to the opposing party at the party’s last known residence address.

(3) File with the court administrator an affidavit by the aggrieved party or that party’s lawyer stating that the removal is made in good faith and not for purposes of delay.

(4) Pay to the court administrator as the fee for removal the amount prescribed by law for filing a civil action in district court, and if a jury trial is demanded under Rule 521(b)(1) of these rules, pay to the court administrator the amount prescribed by law for requesting a jury trial in a civil action in district court.  A party who is unable to pay the fees may apply for permission to proceed without payment of fees pursuant to the procedure set forth in Minnesota Statutes, section 563.01.

               (c)               Demand for Jury Trial.  Where no jury trial is demanded on removal under Rule 521(b) by the aggrieved party, if the opposing party desires a jury trial that party shall perform all the following within 20 days after the demand for removal was served on the party or lawyer:

(1) Serve a jury trial demand by first class mail upon the aggrieved party or that party’s lawyer.  Service may also be by personal service in accordance with the provisions for personal service of a summons in district court.

(2) File the original jury trial demand and proof of service with the court administrator.

(3) Pay to the court administrator the amount prescribed by law for requesting a jury trial in a civil action in district court and, if the demand is the first paper filed by the party in the district court proceeding, pay to the administrator the amount prescribed by law for filing a civil action in district court.  A party who is unable to pay the fees may apply for permission to proceed without payment of fees pursuant to the procedure set forth in Minnesota Statutes, section 563.01.

               (d)               Removal Perfected; Vacating Judgment; Transmitting File.  When all removal papers have been filed properly and all requisite fees paid as provided under Rule 521(b), the removal is perfected, and the court shall issue an order vacating the order for judgment in conciliation court as to the parties to the removal, and the pertinent portions of the conciliation court file of the cause shall be filed in district court.

               (e)               Limited Removal.

(1) When a motion for vacation of an order for judgment, or judgment under Rule 520(a) or (b) of these rules, is denied, the aggrieved party may demand limited removal to the district court for hearing de novo (new hearing) on the motion.  Procedure for service and filing of the demand for limited removal and notice of hearing de novo, proof of service of the notice, and procedure in case of inability of the aggrieved party to make service on the opposing party or the opposing party’s lawyer shall be in the same manner prescribed in part (b) of this rule, except that the deadline for effecting limited removal shall be twenty days after the date that the court administrator mails notice of the denial of the motion for vacation of the order for judgment or judgment.  The fee payable by the aggrieved party to the court administrator for limited removal shall be the same as the filing fee prescribed by law for filing of a civil action in district court.  The court administrator shall then place the matter on the special term calendar for the date specified in the notice.  At the hearing in district court, either party may be represented by a lawyer.

(2) A judge other than the conciliation court judge who denied the motion, shall hear the motion de novo (anew) and may (A) deny the motion or (B) grant the motion.  In determining the motion the judge shall consider the entire file plus any affidavits submitted by either party or their lawyers.

(3) The court administrator shall send by mail a copy of the order made in district court after de novo hearing to both parties and the venue shall be transferred back to conciliation court. 

 

(Amended effective January 1, 2005.)

 

Cross Reference:  Minn. R. Civ. P. 4.02, 4.06, 5.02, 6.01, 6.02, and 6.05.

 

1993 Committee Comment

 

Rule 521(b) establishes a 20-day time period for removing the case to district court.  The 20 days is measured from the mailing of the notice of judgment, and the law requires that an additional three days be added to the time period when notice is served by mail.  Wilkins v. City of Glencoe, 479 N.W.2d 430 (Minnesota Appellate 1992) (construing Rule 6.05 of the Minnesota Rules of Civil Procedure).  Computing the deadline can be difficult and confusing for lay persons, and Rule 514 attempts to alleviate this problem by requiring the court administrator to perform the computation and specify the resulting date in the notice of order for judgment, taking into consideration applicable rules, including Rule 503 of these rules and Rule 6.05 of the Minnesota Rules of Civil Procedure.

In district court, personal service may only be made by a sheriff or any other person not less than 18 years of age who is not a party to the action.  Reichel v. Hefner, 472 N.W.2d 346 (Minnesota Appellate 1991).  This applies to personal service under this Rule 521.  Service may not be made on Sunday, a legal holiday, or election day.  Minnesota Statutes, sections 624.04; 645.44, subdivision 5 (1990); Minnesota Constitution article VII, section 4.

 

Advisory Committee Comment-2000 Amendment

 

Rule 521(e)(1), as amended in 1997, allows limited removal to district court from a denial of a motion to vacate the order for judgment or judgment made pursuant to Rule 520(a) or (b).  To obtain limited removal under Rule 521(e)(1), a party must follow the same procedural steps for obtaining removal under Rule 521(b), except that the event that triggers the twenty-day time period for effecting removal is the date that the court administrator mails the notice of denial of the motion to vacate the order for judgment or judgment.  The law requires that an additional three days be added to the time period when notice is served by mail.  Wilkins v. City of Glencoe, 479 N.W.2d 430 (Minn. App. 1992).

 

Under Rule 521(b)(1) as amended in 2000, if the party seeking to remove (appeal) the case to district court is a corporation, the demand for removal must be signed by an attorney authorized to practice law in the district court.  This requirement simply restates a requirement recognized by court decision.  See World Championship Fighting, Inc. v. Janos, 609 N.W.2d 263 (Minn. App. 2000), rev. denied (Minn. July 25, 2000).  A corporation must be represented by a licensed attorney in district court regardless of the fact that the action originated in conciliation court.  See Nicollet Restoration, Inc. v. Turnham, 486 N.W.2d 753 (Minn. 1992).

Advisory Committee Comment—2004 Amendments

Rule 521(d) is amended in 2004 to clarify its application in a situation where one of several co-parties (either co-plaintiffs or co-defendants) removes (appeals) a conciliation court decision while another co-party does not take that action.  The committee believes that the conciliation court judgment should become final against any party who does not remove the case and in favor of any party against whom removal is not sought.

Rule 521 establishes an approved and effective means of service by mail to accomplish removal of a conciliation court case to district court for trial de novo.  By decision in 2004, the Minnesota Supreme Court held that a party may also rely on the different means of service by mail contained in Minn. R. Civ. P. 4.05.  See Roehrdanz v. Brill, 682 N.W.2d 626 (Minn. 2004). Because service under that rule may require a signed receipt from the party being served, such service may not be effective.

 

 

Rule 522.  Pleadings in District Court

 

               The pleadings in conciliation court shall constitute the pleadings in district court.  Any party may amend its statement of claim or counterclaim if, within 30 days after removal is perfected, the party seeking the amendment serves on the opposing party and files with the court a formal complaint conforming to the Minnesota Rules of Civil Procedure.  If the opposing party fails to serve and file an answer within the time permitted by the Minnesota Rules of Civil Procedure, the allegations of the formal complaint are deemed denied.  On the motion of any party or on its own initiative, the court may order either or both parties to prepare, serve and file formal pleadings.

 

Rule 523.  Procedure in District Court

 

               Proceedings in the district court shall, except as otherwise expressly provided in these rules, be in accordance with the Minnesota Rules of Civil Procedure and the General Rules of Practice for the District Courts.  The judge who presided in conciliation court shall not preside in district court.

 

1993 Committee Comment

 

The Minnesota Supreme Court has determined that a corporation must be represented by a licensed attorney when appearing in district court regardless of the fact that the action originated in conciliation court.  Nicollet Restoration, Inc. v. Turnham,  486 N.W.2d 753 (Minnesota 1992).

 

Rule 524.  Mandatory Costs in District Court

 

               (a)               For the purposes of this rule, “removing party” means the first party who serves or files a demand for removal.  “Opposing party” means any party as to whom the removing party seeks a reversal in whole or in part.

               (b)               If the removing party prevails in district court, the removing party may recover costs from the opposing party as though the action were commenced in district court.  If the removing party does not prevail, the court shall award the opposing party an additional $50 as costs.  If the removing party is eligible to proceed under Minnesota Statutes, section 563.01, the $50 costs may be waived if the court determines that a hardship exists and that the case was removed in good faith.

               (c)               For purposes of this rule, the removing party prevails in district court if:

(1) the removing party recovers at least $500 or 50 percent of the amount or value of property that the removing party requested on removal, whichever is less, when the removing party was denied any recovery in conciliation court;

(2) the opposing party does not recover any amount or any property from the removing party in district court when the opposing party recovered some amount or some property in conciliation court;

(3) the removing party recovers an amount or value of property in district court that exceeds the amount or value of property that the removing party recovered in conciliation court by at least $500 or 50 percent, whichever is less; or

(4) the amount or value of property that the opposing party recovers from the removing party in district court is reduced from the amount or value of property that the opposing party recovered in conciliation court by at least $500 or 50 percent, whichever is less.

               (d)               Costs or disbursements in conciliation or district court shall not be considered in determining whether there was a recovery by either party in either court or in determining the difference in recovery under this rule.

 

1993 Committee Comment

 

Rule 524 simply repeats, for the benefit of litigants, the requirements set forth by the legislature.  Minnesota Statutes, section 491A.02, subdivision 7 (Supplement 1993).  Statutory costs normally available in district court pursuant to Minnesota Statutes, section 549.02 do not apply to conciliation court matters that have been removed to district court.  Minnesota Statutes, section 549.02 (1992).

 

Rule 525.  Appeal From District Court

 

               The judgment of the district court on removal from conciliation court in any cause may be appealed to the Court of Appeals as in other civil cases.

 

1993 Committee Comment

 

An appeal may not be taken directly from conciliation court to the court of appeals.  McConnell v. Beseres, 358 N.W.2d 113 (1984).  Removal under Rule 521(b) or limited removal under Rule 521(c), and a ruling on the removal by the district court, are jurisdictional prerequisites for an appeal to the court of appeals from an action initiated in conciliation court.

                       


 


 

APPENDIX OF FORMS

UCF-8             Statement of Claim and Summons

UCF-9             Judgment and Notice of Judgment

UCF-10           Defendant's Counterclaim and Notice of Hearing

UCF-22           Financial Disclosure Form 

UCF-508.1      Affidavit of Service


FORM  UCF-8

State of Minnesota

Conciliation Court

Case No. __________________________________

County

 

Judicial District                          Case No.

 

 

 

 

STATEMENT OF CLAIM AND SUMMONS

Plaintiff #1

 

Plaintiff #2

Name

P

L

E

A

S

E

 

P

R

I

N

T

 

Name

Address

Address

 

 

City/State/Zip

City/State/Zip

VS.

VS.

Defendant #1

Defendant #2

Name

Name

Address

Address

 

 

City/State/Zip

City/State/Zip

 

PLAINTIFF’S STATEMENT OF CLAIM

¨     1.  The Defendant(s) owe(s) me $________________, plus filing fees and costs of $ ________________, for a total

of $ _______________________ because (state what happened and when it happened):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

¨     2.  The Defendant(s) has/have the following property that belongs to me (list property), ______________________

__________________________________________________________________________________ valued at

$ __________________, plus filing fees and costs of $________________, for a total of $ ________________.

I want the Court to order this property returned to me or make the Defendant(s) pay me money for the value of

The property.

3.  I believe the person(s) I am suing is/are at least 18 years old and not in the military service.

4.  I understand that if I do not come to court on my hearing date, my case will be dismissed and I may have to pay

money to the Defendant(s) on any counterclaim that has been filed.

 

NOTARY STAMP OR COURT SEAL

SWORN TO BEFORE ME ON:

THE ABOVE STATEMENT OF CLAIM IS TRUE AND

 

 

CORRECT TO THE BEST OF MY KNOWLEDGE

 

Date: _____________________________________

Signature: ____________________________________________

 

 

 

 

Signature: _________________________________

Name:   ______________________________________________

 

 

Title (if representative):    ________________________________

 

 

Telephone:  ___________________________________________

Notice of Settlement

 

 

 

The above-entitled case having been settled, the same may be and hereby is dismissed with my consent.

 

 

 

Date:

Plaintiff’s Signature:

 

SUMMONS:  IMPORTANT NOTICE TO THE PARTIES

 

 

 

You must come to court for  a hearing on

 

at

 

 

 

.m. at

 

 

Date

 

Time

 

 

 

 

 

.

 

Location/Address

 

 

If you do not come to court for this hearing, you may lose the case and have to pay money to the other party.

 

 

 

Dated:

 

Court Administrator/Deputy

 

 

 

 

 

 

MEMORANDA OF PROCEEDINGS

Judgment becomes final and time for removal expires on

 

.

 

Action

Date

Action

Date

 

 

Claim filed

 

Notices Mailed

 

 

 

Hearing set for

 

Stricken-Settled

 

 

 

Notices Mailed

 

Order of Dismissal

 

 

 

Notice returned/not delivered

 

Judgment Entered

 

 

 

Notice re-mailed

 

Notice of Judgment mailed

 

 

 

Answer/Offer filed

 

Judgment satisfied

 

 

 

Counterclaim filed

 

Removal/Appeal perfected

 

 

 

Notices mailed

 

Order Vacating Judgment

 

 

 

Hearing continued/reset to

 

Transcript issued

 

 

 

Notices mailed

 

Exhibit Inf.  (Date filed)

 

 

 

Hearing continued/reset to

 

Exhibits returned

 

 

 

 

 

 

 

 

 

SETTLEMENT AGREEMENT

 

 

Minn. Gen. R. Prac. 512(e)

 

 

Plaintiff(s) and Defendant(s) have agreed upon a settlement of this case, which agreement is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plaintiff(s) and Defendant(s) further agree that they will abide the judgment to be entered based upon this agreement, without removal, appeal or further litigation.

 

 

 

 

 

 

 

 

 

 

Plaintiff

 

Defendant

 

 

 

 

 

 

 

Plaintiff

 

Defendant

 

 

 

 

 

 

Dated:

 

 

 

 

 

 

 

Judge

 


UCF-9 (SCAO 9/2004)       Minn. Gen R. Prac. 514

 

State of Minnesota

                             Conciliation Court

County

 

 

Judicial District                       Case No.

Plaintiff #1

 

 

Plaintiff #2

Name

 

 

Name

Address

Address

 

 

City/State/Zip

City/State/Zip

vs.

 

 

vs.

 

 

Defendant #1

 

Defendant #2

Name

 

 

Name

Address

 

 

Address

 

 

 

 

City/State/Zip

 

 

City/State/Zip

 

 

Appearances:       Plaintiff         Defendant         Neither Party        Contested        Default

Order for Judgment on Claim and Counterclaim

 

Upon evidence received, IT IS HEREBY ORDERED:

 

________________________________ is entitled to judgment against _________________________________ for

     the sum of $ ____________________, plus fees of $ ________________, disbursements of $ __________________,

     and conditional costs of $ ___________________, for a total of $ ________________.           

Judgment shall be entered in favor of ___________________________________(without damages).

_______________________________’s claim is dismissed without prejudice.

_______________________________’s claim is dismissed without prejudice.

 

_______________________________’s claim is dismissed with prejudice.

_______________________________ shall immediately return __________________________________________________ __________________________________________________to the _________________________ and that the Sheriff of the county in which the property is located is authorized and directed to effect repossession of such property according to Minn. Stat. § 491A.01, subd. 5, and turn the property over to _________________________________.

Other /

Memo:

 

 

 

 

 

 

Dated: ___________________________________.  Judge:  _______________________________________________

 

JUDGMENT is hereby declared and entered as stated in the Court’s Order for Judgment set forth above, and the Judgment shall become finally effective on the date specified in the notice of judgment set forth below.

Dated:______________________     Court Administrator/Deputy: ___________________________________

 

NOTICE:  THE PARTIES ARE HEREBY notified that Judgment has been entered as indicated above, but the Judgment is stayed by law until (Date)__________________________. (Time)__________ p.m. (to allow time for an appeal/removal if desired).

THE PARTIES ARE FURTHER NOTIFIED that if the case is removed to District Court and the removing party does not prevail as provided in Rule 524 of the Minnesota General Rules of Practice for the District Courts, the opposing party will be awarded $50 as costs.

 

Dated:______________________     Court Administrator/Deputy: ___________________________________

 

Transcript of Judgment:  I certify that the above is a correct transcript of the Judgment entered by this Court.

 

Dated:______________________     Court Administrator/Deputy: ___________________________________

 

 

FILE #___________________________

 

 

 

 

VS.

 

Plaintiff

 

Defendant

 

MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated: ___________________________________.  Judge:  _______________________________________________

 

Order Vacating Judgment For Cause

Minn. Gen. R. Prac. 520

Upon cause shown by the

Plaintiff

Defendant, the written judgment is hereby vacated and costs in the amount

of $____________________ is assessed against the

¨  Plaintiff

¨  Defendant as

¨  Absolute /

¨  Conditional costs.

 

Dated: ___________________________________.  Judge:  _______________________________________________

 

Order Vacating Judgment Upon Removal/Appeal

Minn. Gen. R. Prac. 521(e)

Removal/Appeal by the

Plaintiff

Defendant having been perfected, the within judgment is vacated.

 

Dated: ___________________________________.  Judge:  _______________________________________________

 

 


Form UCF-10

State of Minnesota

Conciliation Court

Case No. __________________________________

County

 

Judicial District                          Case No.

 

 

 

 

STATEMENT OF COUNTERCLAIM AND SUMMONS

Plaintiff #1

 

Plaintiff #2

Name

P

L

E

A

S

E

 

P

R

I

N

T

 

Name

Address

Address

 

 

City/State/Zip

City/State/Zip

VS.

VS.

Defendant #1

Defendant #2

Name

Name

Address

Address

 

 

City/State/Zip

City/State/Zip

 

DEFENDANT’S STATEMENT OF COUNTERCLAIM

¨     1.  The Plaintiff(s) owe(s) me $________________, plus filing fees and costs of $ ________________, for a total

of $ _______________________ because (state what happened and when it happened):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

¨     2.  The Plaintiff(s) has/have the following property that belongs to me (list property), ______________________

__________________________________________________________________________________ valued at

$ __________________, plus filing fees and costs of $________________, for a total of $ ________________.

I want the Court to order this property returned to me or make the Plaintiff(s) pay me money for the value of

the property.

3.  I believe the person(s) I am suing is/are at least 18 years old and not in the military service.

4.  I understand that if I do not come to court on my hearing date, my case will be dismissed and I may have to pay

money to the Plaintiff(s) on any claim that has been filed.

 

NOTARY STAMP OR COURT SEAL

SWORN TO BEFORE ME ON:

THE ABOVE STATEMENT OF CLAIM IS TRUE AND

 

 

CORRECT TO THE BEST OF MY KNOWLEDGE

 

Date: _____________________________________

Signature: ____________________________________________

 

 

 

 

Signature: _________________________________

Name:   ______________________________________________

 

 

Title (if representative):    ________________________________

 

 

Telephone:  ___________________________________________

Notice of Settlement

 

The above entitled case having been settled, the same may be and hereby is dismissed with my consent.

 

 

 

Date:

Defendant’s Signature:

 

SUMMONS:  IMPORTANT NOTICE TO THE PARTIES

 

 

 

You must come to court for  a hearing on

 

at

 

 

 

.m. at

 

 

Date

 

Time

 

 

 

 

 

.

 

Location/Address

 

 

If you do not come to court for this hearing, you may lose the case and have to pay money to the other party.

 

 

 

Dated:

 

Court Administrator/Deputy

 

 

 

 

 

 


Form UCF-22  Minn. Stat. §§ 491A.02, subd. 9, 550.011  Financial Disclosure Form

The purpose of this Financial Disclosure Form is to tell the JUDGMENT CREDITOR what money and property you have which may be used to pay the judgment the creditor obtained against you in the lawsuit.  It also allows you to tell the creditor that some or all of your property and money is “exempt,” which means that it cannot be taken to pay the judgment.  You must answer all questions on this form.  If you need more space, continue your answer on the back of the form or attach additional sheets if necessary.  If you do not understand the questions or don’t know how to fill out the form, call the court administrator for help or consult with an attorney.

 

WARNING:  If you claim an exemption in bad faith, or if the judgment creditor wrongly objects to an exemption in bad faith, the court may order the person who acted in bad faith to pay costs, actual damages, attorney fees, and an extra $100.

 

1.  Judgment Debtor Name

2.

Individual

¨     Partnership

 

 

Corporation

¨     Other __________

3.  Street Address

4.  City

5.  State

6.  Zip

 

 

 

 

7.  Date of Birth

8.  If Married, Spouse’s Full Name

9.  Home Telephone Number

 

 

      (        )

10.  Employer or Business

11.  Work Telephone Number

 

       (        )

12.  Street Address

13.  City

14.  State

15.  Zip

 

 

 

 

16.  What are your total wages, salary, or commissions per

17. How often are you paid?

Daily

¨     Weekly

pay period? $____________________________________

Twice a Month

Monthly

Other ________

18.  Do you have income from any other source?

Yes

No

If yes, give the source and amount of the income:

 

 

 

 

1.       By answering this question, you will be able to claim the exemptions you have for wages and income. 

       The first exemption is already checked for you, check all others that apply:

■     I claim that 75% of my disposable (after-tax) earnings or 40 times the federal minimum wage (now equals $206 for 40-hour      week) is exempt (whichever is greater), unless the judgment is for child support.

¨     If the Judgment is for child support, I claim that the following percentage of my after-tax earnings is exempt:

¨  50% (I am supporting a spouse and/or dependent child, and the child support judgment is 12 weeks old or less.)

¨  55% (I am supporting a spouse and/or dependent child, and the child support judgment is more than 12 weeks old.)

¨  60% (I am not supporting a spouse and/or dependent child, and the child support judgment is 12 weeks old or less.)

¨  65% (I am not supporting a spouse and/or dependent child, and the child support judgment is more than 12 weeks old.)

¨     I am presently receiving or have received relief based on need in the past 6 months so all my wages are exempt.

Type of relief you receive _______________________________________________________________________________

¨     I have been an inmate in a correctional institution within the past 6 months so all my wages are exempt.

Name institution and release date _________________________________________________________________________

¨     My income is exempt because it is: 

¨  Unemployment Comp.

¨  Worker’s Comp.

¨     V.A. Benefits

¨  Social Security

¨   Accident or Disability Benefits

¨   Retirement Benefits

¨     Other (Specify)______________

20.  Do you have a checking or savings account?  (This includes any account whether you have it by yourself or with someone

else, or whether it is in your name or any other name)

¨  Yes

¨  No

For each, provide the following information:

Name and address of bank, Credit Union or Financial Institution                   Type of Account                         Account Number

 

 

 

 

21.  If you claimed an exemption for your wages or income, you may claim an exemption when your money is deposited in a bank.  Claim your exemptions by checking the boxes that apply to you:

¨     The money in my account is from exempt wages, income, or benefits.

¨     The money in my account is from the exempt sale of my homestead within the past year.

¨     The money in my account is from exempt life insurance received on the death of a spouse or parent.

¨     The money in my account is from other exempt property (specify) _________________________________________

22.  Do you have any stocks, bonds, securities, certificates of deposit, mutual funds, money market account, etc.?  (This includes any whether owned by you alone or with any other person, or whether it is in your name or any other name. 

¨     Yes

¨  No

If yes, itemize these and the location of each.

 

 

 

 

 

 

 

23.  Do you own your home? 

¨   Yes

¨  No

Your homestead (house owned and occupied by you) is exempt up to a

Value of $200,000 or if used primarily for agricultural purposes, $500,000.  Do you own any other houses, land, or real estate?

¨      Yes

¨   No

For each, give the following:

        Location                                                                Estimated Value                    Amount Owed (if any)              To Whom

 

 

 

 

 

 

 

 

 

 

24.  Do you own any motor vehicles, motorcycles, boats, snowmobiles, trailers, etc.?

¨  Yes

¨  No

 

For each, provide the following:

Make                       Model                                    Year       Lic. Plate No.                  Market Value       Amount You Owe (if any)

 

 

 

 

 

 

One motor vehicle worth up to $3,800 (or $38,000 if the vehicle has been modified at a cost of at least $2,850 to accommodate a physical disability making a disabled person eligible for a parking permit under Minn. Stat. § 169.345) after subtracting what you owe is exempt.  Which vehicle do you want to claim as exempt?

 

 

 

 

25.  Do you own any of the follow property?

Cash or travelers checks

¨  Yes

¨ No

Farm supplies, implements, livestock, grain worth more than $13,000

¨  Yes

¨     No

 

Household goods, furnishings, and personal effects that are worth more than $8,550 total

¨  Yes

¨ No

Business equipment, tools, machinery worth more than $9,500 total

¨  Yes

¨     No

 

Jewelry

¨  Yes

¨ No

Inventory

¨  Yes

¨     No

 

Coins or stamp collections

¨  Yes

¨ No

Accounts receivable/claims

¨  Yes

¨     No

 

Firearms/Guns

¨  Yes

¨ No

Are you the owner or partner in any business not already listed

¨  Yes

¨     No

 

Life insurance policy with a cash (surrender) value more than $7,600

¨  Yes

¨ No

Any other property (specify) ___________________________________

¨  Yes

¨     No

 

Any property that you are selling on a contract for deed

¨  Yes

¨ No

 

 

If you answered yes to any item in question 25, provide the following information:

Description and location of property (if not at residence)                   Estimated Value        Amount Owed (if any)     To Whom

 

 

 

 

 

 

 

 

 

 

If you need additional space to answer the questions, continue your answers here.  Indicate the question number you are answering.  Attach additional sheets if necessary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The above information is true and correct to the best of my knowledge.

Date:

_________________________________

 

Signature:

__________________________________________________

NOTICE:  FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM TO THE JUDGMENT CREDITOR WITHIN 10 DAYS MAY RESULT IN A CITATION FOR CIVIL CONTEMPT OF COURT.


FORM 508.1                          Conciliation Court Affidavit of Service

State of Minnesota

 

District Court

County

 

Judicial District:

 

 

 

Court File Number:

 

 

 

Case Type:

 

STATE OF MINNESOTA     )

                                                ) ss.

COUNTY OF __________)

 

                                                                       

Plaintiff

 

vs.                                                                                                 Affidavit of Service

                                                                       

Defendant

 

 

                                                , being sworn/affirmed under oath, states:

 

            Check and complete one of the following:

 

1. ¨     [Service by Mail]

            ¨      I am over eighteen years of age or

            ¨      I am over eighteen years of age and not a party to the action.  [Note: A party may generally not serve process, but is allowed to serve a Conciliation Court Summons by Certified Mail and a Demand for Removal/Limited Removal by First Class Mail.]

            On the                          day of                          , 20___, I served the

                     ¨            Summons        

                     ¨            Demand For Limited Removal

                     ¨            Other Document _______________________________________(specify)

                     upon                                                                   , (plaintiff/defendant or attorney

                     for                                                                      ), by placing a true and correct copy of it

                     in an envelope addressed as follows:

                                                                                                                                   
                                                                                                                                   
                                                                                                                                   

                     which is the last known address of said party or attorney and depositing it,

                     ¨  first-class postage  or                )  specify one or both

                     ¨  Certified Mail, postage prepaid),

                     in the United States mail.

 

2. ¨     [Personal Service]  I am over eighteen years of age and not a party in the above‑entitled action.

            I served a copy of the

                     ¨            Summons        

                     ¨            Demand For Limited Removal

                     ¨            Other Document _______________________________________(specify)

            upon                                                    , (title)                                                  ,

            by delivering a copy personally to him/her at                                       

            at                                  am/pm, on                                                      , 20 ___.

 

3. ¨     [Service not completed; party not found.]

            I am over eighteen years of age.

            After diligent search and inquiry, I was unable to locate                                

                                                            (name of party to be served), or any residence

            or business address for him/her at which service could be attempted.

 

Dated:                                                                                                                                                 

                                                                        Signature of Server

(Sign only in front of notary public or court administrator.)

Sworn/affirmed before me this

             day of                         , 20___.                       Telephone  (    )                                                          

                                                                       

Notary Public \ Deputy Court Administrator