Bill Text: MN HF3047 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Courts; oaths by attorneys and judges required, communications made outside presence of the parties prohibited, and polygraph evidence provided to be admissible per se in civil proceedings.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-13 - Introduction and first reading, referred to Judiciary Finance and Policy [HF3047 Detail]
Download: Minnesota-2013-HF3047-Introduced.html
1.2relating to judiciary; requiring oaths by attorneys and judges; prohibiting
1.3communications made outside presence of the parties; providing that polygraph
1.4evidence is admissible per se in civil proceedings;amending Minnesota Statutes
1.52012, sections 481.071; 484.01, by adding a subdivision; proposing coding for
1.6new law in Minnesota Statutes, chapters 484; 602.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 481.071, is amended to read:
1.9481.071 OATH; MISCONDUCT BY ATTORNEYS.
1.10(a) Before appearing on behalf of a client in a judicial proceeding, an attorney shall
1.11take an oath or affirmation to support the constitution of the United States and of this state
1.12and to faithfully represent the client to the best of the attorney's judgment and ability.
1.13(b) Every attorney or counselor at law who shall be guilty of any deceit or collusion,
1.14or shall consent thereto, with intent to deceive the court or any party, or who shall delay
1.15the attorney's client's suit with a view to the attorney's own gain, shall be guilty of a
1.16misdemeanor and, in addition to the punishment prescribed by law therefor, shall forfeit to
1.17the party injured treble damages, to be recovered in a civil action.
1.18 Sec. 2. Minnesota Statutes 2012, section 484.01, is amended by adding a subdivision
1.19to read:
1.20 Subd. 3. Oath. Before presiding over a civil or criminal proceeding, a judge shall
1.21take and subscribe an oath in the form prescribed by law for judicial officers.
1.22 Sec. 3. [484.085] PROHIBITED COMMUNICATIONS; CIVIL PROCEEDINGS.
2.1A judge shall accord to every person who has a legal interest in a civil proceeding
2.2the right to be heard according to law. A judge shall not initiate, permit, or consider
2.3communications made to the judge outside the courtroom concerning a pending or
2.4impending civil matter, except in the presence of all the parties and their lawyers.
2.5 Sec. 4. [602.05] POLYGRAPH EVIDENCE.
2.6In any civil hearing or trial, the results of a polygraph test, when performed by a
2.7person who has been fully trained in polygraph testing and examinations, are admissible in
2.8evidence without antecedent expert testimony that polygraph instruments are trustworthy
2.9and reliable.
1.3communications made outside presence of the parties; providing that polygraph
1.4evidence is admissible per se in civil proceedings;amending Minnesota Statutes
1.52012, sections 481.071; 484.01, by adding a subdivision; proposing coding for
1.6new law in Minnesota Statutes, chapters 484; 602.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 481.071, is amended to read:
1.9481.071 OATH; MISCONDUCT BY ATTORNEYS.
1.10(a) Before appearing on behalf of a client in a judicial proceeding, an attorney shall
1.11take an oath or affirmation to support the constitution of the United States and of this state
1.12and to faithfully represent the client to the best of the attorney's judgment and ability.
1.13(b) Every attorney or counselor at law who shall be guilty of any deceit or collusion,
1.14or shall consent thereto, with intent to deceive the court or any party, or who shall delay
1.15the attorney's client's suit with a view to the attorney's own gain, shall be guilty of a
1.16misdemeanor and, in addition to the punishment prescribed by law therefor, shall forfeit to
1.17the party injured treble damages, to be recovered in a civil action.
1.18 Sec. 2. Minnesota Statutes 2012, section 484.01, is amended by adding a subdivision
1.19to read:
1.20 Subd. 3. Oath. Before presiding over a civil or criminal proceeding, a judge shall
1.21take and subscribe an oath in the form prescribed by law for judicial officers.
1.22 Sec. 3. [484.085] PROHIBITED COMMUNICATIONS; CIVIL PROCEEDINGS.
2.1A judge shall accord to every person who has a legal interest in a civil proceeding
2.2the right to be heard according to law. A judge shall not initiate, permit, or consider
2.3communications made to the judge outside the courtroom concerning a pending or
2.4impending civil matter, except in the presence of all the parties and their lawyers.
2.5 Sec. 4. [602.05] POLYGRAPH EVIDENCE.
2.6In any civil hearing or trial, the results of a polygraph test, when performed by a
2.7person who has been fully trained in polygraph testing and examinations, are admissible in
2.8evidence without antecedent expert testimony that polygraph instruments are trustworthy
2.9and reliable.
