Bill Text: MN SF693 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Survival or continuation of a civil action after the death or disability of a party authorization
Sponsorship: 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-Introduced.html
Bill Title: Survival or continuation of a civil action after the death or disability of a party authorization
Sponsorship: 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-Introduced.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.
1.8An action does not abate by the death or other disability of a party or by the transfer
1.9of 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.
1.14A cause of action survives the death of a party to the action. The action may be
1.15brought by or against the personal representative or successors in interest of the deceased
1.16party. A cause of action for death by wrongful act or omission is governed by section
1.17573.02. Nothing in this chapter or chapter 573 shall be construed as precluding the
1.18personal representative or successors in interest of the deceased party from pursuing a
1.19wrongful death action pursuant to section 573.02 and other causes of action arising from
1.20the same occurrence.
1.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
1.22of action commenced on or after that date.
2.1 Sec. 3. REPEALER.
2.2Minnesota Statutes 2012, section 573.01, is repealed.
2.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.4of 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.
1.8An action does not abate by the death or other disability of a party or by the transfer
1.9of 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.
1.14A cause of action survives the death of a party to the action. The action may be
1.15brought by or against the personal representative or successors in interest of the deceased
1.16party. A cause of action for death by wrongful act or omission is governed by section
1.17573.02. Nothing in this chapter or chapter 573 shall be construed as precluding the
1.18personal representative or successors in interest of the deceased party from pursuing a
1.19wrongful death action pursuant to section 573.02 and other causes of action arising from
1.20the same occurrence.
1.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
1.22of action commenced on or after that date.
2.1 Sec. 3. REPEALER.
2.2Minnesota Statutes 2012, section 573.01, is repealed.
2.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to causes
2.4of action commenced on or after that date.
