Free Microsoft Word - CCT501 - Minnesota

Instructions For Limited Removal Of A Conciliation Court Case To District Court
If your request to vacate a default judgment is denied, you may demand "limited" removal of this motion to the district court for re-hearing. A limited removal is also available for appeal of certain other motions. You must comply with the Conciliation Court Rules 520 and 521 of the Minnesota General Rules of Practice which govern limited removals to district court. If you do not understand what is required, it is suggested that you consult with an attorney. Keep in mind that this is a limited removal and the judge will decide only the issue of whether or not the default judgment should be vacated and a new trial granted. If the district court judge grants your motion to vacate the default judgment, the case will be returned to conciliation court for new trial of your case. If the judge denies your motion, the judgment stands. However, you may appeal the judge's decision to the Minnesota Court of Appeals within the required time. See the Rules of Civil Appellate Procedure. Procedure: 1. Obtain the forms for a limited removal from court administration or at www.mncourts.gov/forms. The forms needed are the "Demand" form and the "Affidavit of Service on Limited Removal from Conciliation Court." The "Demand" form has three parts: the "Demand for Limited Removal to District Court", the "Affidavit of Good Faith", and the "Notice of Hearing." 2. Complete the "Demand" form and sign it before a notary public or a deputy court administrator. Be sure that the conciliation court number and the title are exactly the same as on the Notice of Judgment. Make one photocopy of the form for each party in the case. Ask someone who is not a party in the action to serve a copy of the completed "Demand" form in one of the following ways: a. send by mail to each party; b. personally hand it to each party; c. personally hand it to a person of suitable age (at least 18) and discretion living at the residence of the party to be served; d. give it to the opposing parties' attorneys in person or by mail; or e. serve it on a corporation by giving it to an officer or authorized representative. Have the person who served or mailed the form complete the "Affidavit of Service on Limited Removal from Conciliation Court" for each person served and sign it before a notary public or deputy court administrator. Send the completed original forms and filing fee to conciliation court within 23 days of the date the Denial of Motion to Vacate was mailed to you. The date is specified on the Notice. If you cannot afford the filing fee, you may apply for a waiver pursuant to Minn. Stat. §563. Ask court administration for an In Forma Pauperis application or download the forms at www.mncourts.gov/forms. Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.

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CCT501

State

ENG

Rev 8/08-D

www.mncourts.gov/forms

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