Bill Text: MN SF693 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Survival or continuation of a civil action after the death or disability of a party authorization
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2014-05-16 - Senate conferee change Westrom stricken, Rosen added [SF693 Detail]
Download: Minnesota-2013-SF693-Engrossed.html
1.2relating to civil actions; providing for the survival or continuation of an action
1.3after the death or disability of a party;proposing coding for new law in Minnesota
1.4Statutes, chapter 540; repealing Minnesota Statutes 2012, section 573.01.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [540.115] ACTION CONTINUES WHERE CAUSE OF ACTION
1.7SURVIVES.
1.8A pending action does not abate by the death or other disability of a party or by the
1.9transfer of any interest therein if the cause of action survives or continues.
1.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
1.11of action commenced on or after that date.
1.12 Sec. 2. [540.116] CAUSES OF ACTION SURVIVING DEATH OF PARTY;
1.13BROUGHT BY OR AGAINST LEGAL REPRESENTATIVE.
1.14Any pending injury or noninjury cause of action survives the death of a party to
1.15the action. The personal representatives of the deceased may be substituted as plaintiff
1.16and prosecute the suit to final judgment and satisfaction. A cause of action for death
1.17by wrongful act or omission is governed by section 573.02. Nothing in this chapter or
1.18chapter 573 shall be construed as precluding the personal representative or successors in
1.19interest of the deceased party from pursuing a wrongful death action for all damages
1.20sustained before death pursuant to section 573.02 and other causes of action arising from
1.21the same occurrence.
2.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.2of action commenced on or after that date.
2.3 Sec. 3. REPEALER.
2.4Minnesota Statutes 2012, section 573.01, is repealed.
2.5EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.6of action commenced on or after that date.
1.3after the death or disability of a party;proposing coding for new law in Minnesota
1.4Statutes, chapter 540; repealing Minnesota Statutes 2012, section 573.01.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [540.115] ACTION CONTINUES WHERE CAUSE OF ACTION
1.7SURVIVES.
1.8A pending action does not abate by the death or other disability of a party or by the
1.9transfer of any interest therein if the cause of action survives or continues.
1.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
1.11of action commenced on or after that date.
1.12 Sec. 2. [540.116] CAUSES OF ACTION SURVIVING DEATH OF PARTY;
1.13BROUGHT BY OR AGAINST LEGAL REPRESENTATIVE.
1.14Any pending injury or noninjury cause of action survives the death of a party to
1.15the action. The personal representatives of the deceased may be substituted as plaintiff
1.16and prosecute the suit to final judgment and satisfaction. A cause of action for death
1.17by wrongful act or omission is governed by section 573.02. Nothing in this chapter or
1.18chapter 573 shall be construed as precluding the personal representative or successors in
1.19interest of the deceased party from pursuing a wrongful death action for all damages
1.20sustained before death pursuant to section 573.02 and other causes of action arising from
1.21the same occurrence.
2.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.2of action commenced on or after that date.
2.3 Sec. 3. REPEALER.
2.4Minnesota Statutes 2012, section 573.01, is repealed.
2.5EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.6of action commenced on or after that date.
