Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 149-S.F.No. 709 
           An act relating to courts; raising the jurisdictional 
          limit on claims heard in conciliation court; amending 
          Minnesota Statutes 1984, sections 487.30, subdivision 
          1; 488A.12, subdivision 3; 488A.14, subdivision 6; 
          488A.29, subdivision 3; and 488A.31, subdivision 6. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 487.30, 
subdivision 1, is amended to read: 
    Subdivision 1.  The conciliation court shall hear and 
determine civil claims if the amount of money or property which 
is the subject matter of the claim does not exceed $1,250 $2,000 
for the determination thereof without jury trial and by a simple 
and informal procedure.  The rules of the supreme court shall 
provide for a right of appeal from the decision of the 
conciliation court to the county court for a trial on the 
merits.  The territorial jurisdiction of a conciliation court 
shall be coextensive with the county in which the court is 
established. 
    Sec. 2.  Minnesota Statutes 1984, section 488A.12, 
subdivision 3, is amended to read: 
    Subd. 3.  [JURISDICTION.] (a) Excepting actions involving 
title to real estate, the court has jurisdiction to hear, 
conciliate, try, and determine civil actions at law where the 
amount in controversy does not exceed the sum of $1,250 $2,000.  
The territorial jurisdiction of the court is coextensive with 
the geographic boundaries of the county of Hennepin. 
    (b) Notwithstanding the provisions of paragraph (a), or any 
rule of court to the contrary, the conciliation court of 
Hennepin county has jurisdiction to determine an action brought 
pursuant to section 504.20 for the recovery of a deposit on 
rental property located in whole or in part in Hennepin county, 
and the summons in the action may be served anywhere within the 
state of Minnesota. 
    (c) Notwithstanding the provisions of paragraph (a), or any 
rule of court to the contrary, the conciliation court of 
Hennepin county has jurisdiction to determine a civil action 
commenced by a plaintiff, a resident of Hennepin county, to 
recover the amount of a dishonored check issued in the county, 
even though the defendant or defendants are not residents of 
Hennepin county, if the notice of nonpayment or dishonor 
described in section 609.535, subdivision 3, is sent to the 
maker or drawer as specified therein and the notice states that 
the payee or holder of the check may commence a conciliation 
court action in the county where the dishonored check was issued 
to recover the amount of the check.  This clause does not apply 
to a check that has been dishonored by a stop payment order.  
Notwithstanding any law or rule of civil procedure to the 
contrary, the summons in any action commenced under this clause 
may be served anywhere within the state of Minnesota.  The 
conciliation court administrator shall attach a copy of the 
dishonored check to the summons before it is issued.  
    Sec. 3.  Minnesota Statutes 1984, section 488A.14, 
subdivision 6, is amended to read: 
    Subd. 6.  [REPLEVIN.] If the controversy concerns the 
ownership or possession, or both, of personal property the value 
of which does not exceed the sum of $1,250 $2,000, the judge in 
his discretion, may direct an officer of the court to take 
possession of the property immediately and hold it subject to 
the further order of the court, without the giving of any bond 
whatever. 
    Sec. 4.  Minnesota Statutes 1984, section 488A.29, 
subdivision 3, is amended to read: 
    Subd. 3.  [JURISDICTION.] (a) Excepting actions involving 
title to real estate, the court has jurisdiction to hear, 
conciliate, try and determine civil actions at law where the 
amount in controversy does not exceed the sum of $1,250 $2,000.  
The territorial jurisdiction of the court is coextensive with 
the geographic boundaries of the county of Ramsey. 
    (b) Notwithstanding the provisions of paragraph (a) or any 
rule of court to the contrary, the conciliation court of Ramsey 
county has jurisdiction to determine an action brought pursuant 
to section 504.20 for the recovery of a deposit on rental 
property located in whole or in part in Ramsey county, and the 
summons in the action may be served anywhere in the state of 
Minnesota. 
    (c) Notwithstanding the provisions of paragraph (a) or any 
rule of court to the contrary, the conciliation court of Ramsey 
county has jurisdiction to determine a civil action commenced by 
a plaintiff, resident of Ramsey county, to recover the amount of 
a dishonored check issued in the county, even though the 
defendant or defendants are not residents of Ramsey county, if 
the notice of nonpayment or dishonor described in section 
609.535, subdivision 3, is sent to the maker or drawer as 
specified therein and the notice states that the payee or holder 
of the check may commence a conciliation court action in the 
county where the dishonored check was issued to recover the 
amount of the check.  This clause does not apply to a check that 
has been dishonored by a stop payment order.  Notwithstanding 
any law or rule of civil procedure to the contrary, the summons 
in any action commenced under this clause may be served anywhere 
within the state of Minnesota.  The conciliation court 
administrator shall attach a copy of the dishonored check to the 
summons before it is issued. 
    Sec. 5.  Minnesota Statutes 1984, section 488A.31, 
subdivision 6, is amended to read: 
    Subd. 6.  [REPLEVIN.] If the controversy concerns the 
ownership or possession, or both, of personal property the value 
of which does not exceed the sum of $1,250 $2,000, the judge, in 
his discretion, may direct an officer of the court to take 
possession of the property immediately and hold it subject to 
the further order of the court, without the giving of any bond 
whatever. 
    Approved May 20, 1985