Minnesota > Statewide > District Court > Conciliation (Small-Claims)
Demand For Limited Removal To District Court Affidavit Of Good Faith And Notice Of Hearing De Novo CCT-502 - Minnesota
| Demand For Limited Removal To District Court Affidavit Of Good Faith And Notice Of Hearing De Novo Form. This is a Minnesota form and can be used in Conciliation (Small-Claims) District Court Statewide . |
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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 form for a limited removal from court administration. This form has four parts: the "Demand for Limited Removal To District Court", the "Notice of Hearing De Novo" (new hearing), the "Affidavit of Good Faith" on the front and the "Affidavit of Service" on the back. 2. Complete the first three parts 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 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) 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 an affidavit of service for each party and sign it before a notary public. Send the completed original form and the district court civil filing fee of $_____ to the 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. ยง563. 3. 4. 5. 6. CCT501 State ENG Rev 5/01-D www.courts.state.mn.us/forms Page 1 of 1 American LegalNet, Inc. www.FormsWorkflow.com State of Minnesota County Judicial District: Court File Number: Case Type: Conciliation Court Plaintiff vs. Demand for Limited Removal to District Court, Affidavit of Good Faith, and Notice of Hearing De Novo (New Hearing) Minn. R. Gen. Pract. 521(e) Defendant State of Minnesota ) ) County of ________) Pursuant to Rule 520, (Plaintiff/Defendant) filed a motion requesting the order for judgment be vacated and this motion was denied by the Court. Plaintiff Defendant wishes to appeal the denial of his/her motion in this matter and is removing the matter from the Conciliation Court to the District Court for a De Novo (new hearing) of this motion challenging denial of the removal. In accordance with the provisions of Minnesota Statute Section 491A and Conciliation Court Rule of General Practice 521(e), this removal is made in good faith and not for purpose of delay. Dated: Signature (Sign only in front of notary public or court administrator.) Name: Sworn/affirmed before me this day of , . Address: City/State/Zip: Telephone: ( Notary Public \ Deputy Court Administrator ) NOTICE OF HEARING You will please take notice that the hearing De Novo (new hearing) on the motion challenging denial of the removal will be held on , at at (date) (time) . (address, city, state) CCT502 State ENG Rev 5/03 www.courts.state.mn.us/forms Page 1 of 1 American LegalNet, Inc. www.FormsWorkflow.com
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