1997 Minnesota Code
Chapters 480 - 494 Judiciary
Chapter 484 District Courts
Section 484.015 Transfer of civil actions in fourth judicial district to municipal court.

484.015 Transfer of civil actions in fourth judicial district to municipal court.

Subdivision 1. This section applies to certain actions in the fourth judicial district, Hennepin county.

Subd. 2. (a) For the purposes of this section the terms defined in this subdivision have the meanings ascribed to them.

(b) "Transferable action" means any civil action heretofore or hereafter commenced in the district court which is within the subject matter jurisdiction of the municipal court on the date of the order for transfer. It includes such a civil action even though the defendant never has resided in the county of Hennepin and the summons was served outside of the county.

(c) "Municipal court" means the municipal court of Hennepin county.

(d) "District court" means the fourth judicial district.

(e) "Conciliation court" means the conciliation court of Hennepin county.

Subd. 3. At any time after the filing of a trial note of issue and prior to trial of a transferable action, any judge of the district court of the judge's own motion or on ex parte motion of any party, may issue an order to show cause why the action should not be transferred to the municipal court. At least 15 days prior to the return date, the court administrator of district court shall mail copies of that order to counsel for all parties to the action and this mailing is sufficient service of the order.

Subd. 4. Prior to the return date, any party who objects to the transfer shall serve on all other parties and file written objection with supporting affidavit stating the reasons for objecting. At the hearing on the return date the judge of the district court shall determine whether or not the objecting party will be substantially prejudiced by such transfer, and if not, shall order the action transferred to the municipal court for all further proceedings. If no objection is timely filed, all parties are deemed to have consented to the transfer and any judge of the district court may order the action transferred to the municipal court for all further proceedings.

Subd. 5. On written consent of counsel for all parties, a transfer order may be entered without issuance of an order to show cause.

Subd. 6. Upon filing of a transfer order, the court administrator of district court shall deliver to the court administrator of the municipal court all papers filed in the action including the transfer order and a copy of all docket entries, and shall pay to said court administrator the filing fee or appearance fee for any party who theretofore has paid that fee in district court, the fee to be in the amount normally payable in the municipal court, exclusive of any law library fees. Any excess over the law library fees and the fees so paid to the municipal court shall be retained by the court administrator of district court as payment for services.

Subd. 7. The district court trial note of issue shall be effective to place the action on the general term calendar of the municipal court for trial. A party must demand a jury trial and pay to the court administrator of the municipal court the requisite jury fee within the time and in the manner specified in any trial notice issued by the municipal court; otherwise the party waives jury trial. If a proper demand is not so made or if the proper jury fee is not so paid, this waiver is effective even though the party or another party previously has demanded jury trial in the district court in a trial note of issue or otherwise.

Subd. 8. A transferable action which is within the subject matter jurisdiction of the conciliation court may be transferred at any time after the filing of a trial note of issue and prior to trial by the court administrator of district court to the conciliation court upon notice to the parties to the action. The applicable provisions of subdivision 6 shall apply as to the transfer of all papers in the action and the payment of filing fees. Upon motion of a party such action may be transferred from the conciliation court to the municipal court for trial and in that event the provisions of subdivision 7 shall apply.

Subd. 9. Any action transferred under this section shall carry over with the main action to the municipal court or the conciliation court, as the case may be, all garnishment proceedings had and any disclosure made therein.

HIST: 1957 c 181 s 1-5; 1969 c 816 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82