Bill Text: MN HF708 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Determination modified when a party prevails on a claim removed from conciliation court to district court for the purposes of recovering district court costs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-03-03 - Author added Hayden [HF708 Detail]
Download: Minnesota-2011-HF708-Introduced.html
1.2relating to courts; modifying determination of when a party prevails on a claim
1.3removed from conciliation court to district court for the purposes of recovering
1.4district court costs;amending Minnesota Statutes 2010, section 491A.02,
1.5subdivision 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 491A.02, subdivision 7, is amended to
1.8read:
1.9 Subd. 7. Costs in district court. (a) For the purposes of this subdivision, "removing
1.10party" means the first party who serves or files a demand for removal. "Opposing party"
1.11means any party as to whom the removing party seeks a reversal in whole or in part.
1.12(b) If the removing party prevails in district court, the removing party may recover
1.13costs from the opposing party as though the action were commenced in district court. If
1.14the removing party does not prevail, the court shall order an additional $50 to be paid to
1.15the opposing party as costs. If the removing party is eligible to proceed under section
1.16563.01
, the additional $50 costs may be waived if the court, in its discretion, determines
1.17that a hardship exists and that the case was removed from conciliation court in good faith.
1.18(c) For purposes of this section, the removing party prevails in district court if:
1.19(1) the removing party recovers at least $500 or 50 percent of the amount of value
1.20of property that the removing party requested on removal, whichever is less, when the
1.21removing party was denied any recovery in conciliation court;
1.22(2) (1) the opposing party does not recover any amount or any property from the
1.23removing party in district court when the opposing party recovered some amount or some
1.24property in conciliation court; or
2.1(3) (2) the removing party recovers an amount or value of property in district
2.2court that exceeds the amount or value of property that the removing party recovered in
2.3conciliation court by at least $500 or 50 percent, whichever is less; or.
2.4(4) the amount or value of property that the opposing party recovers from the
2.5removing party in district court is reduced from the amount or value of property that the
2.6opposing party recovered in conciliation court by at least $500 or 50 percent, whichever is
2.7less.
2.8(d) Costs or disbursements in conciliation or district court must not be considered in
2.9determining whether there was a recovery by either party in either court or in determining
2.10the difference in recovery under this section.
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
1.3removed from conciliation court to district court for the purposes of recovering
1.4district court costs;amending Minnesota Statutes 2010, section 491A.02,
1.5subdivision 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 491A.02, subdivision 7, is amended to
1.8read:
1.9 Subd. 7. Costs in district court. (a) For the purposes of this subdivision, "removing
1.10party" means the first party who serves or files a demand for removal. "Opposing party"
1.11means any party as to whom the removing party seeks a reversal in whole or in part.
1.12(b) If the removing party prevails in district court, the removing party may recover
1.13costs from the opposing party as though the action were commenced in district court. If
1.14the removing party does not prevail, the court shall order an additional $50 to be paid to
1.15the opposing party as costs. If the removing party is eligible to proceed under section
1.17that a hardship exists and that the case was removed from conciliation court in good faith.
1.18(c) For purposes of this section, the removing party prevails in district court if:
1.19
1.20
1.21
1.22
1.23removing party in district court when the opposing party recovered some amount or some
1.24property in conciliation court; or
2.1
2.2court that exceeds the amount or value of property that the removing party recovered in
2.3conciliation court by at least $500 or 50 percent, whichever is less
2.4
2.5
2.6
2.7
2.8(d) Costs or disbursements in conciliation or district court must not be considered in
2.9determining whether there was a recovery by either party in either court or in determining
2.10the difference in recovery under this section.
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
