2005 Minnesota Statutes - 549.191 — Claim for punitive damages.

     549.191 Claim for punitive damages. 


    Upon commencement of a civil action, the complaint must not 
 seek punitive damages.  After filing the suit a party may make a 
 motion to amend the pleadings to claim punitive damages.  The 
 motion must allege the applicable legal basis under section 
 549.20 or other law for awarding punitive damages in the action 
 and must be accompanied by one or more affidavits showing the 
 factual basis for the claim.  At the hearing on the motion, if 
 the court finds prima facie evidence in support of the motion, 
 the court shall grant the moving party permission to amend the 
 pleadings to claim punitive damages.  For purposes of tolling 
 the statute of limitations, pleadings amended under this section 
 relate back to the time the action was commenced. 


    HIST: 1986 c 455 s 82