In Re Interim Procedure for Removal/Appeal of Conciliation Court Proceedings to District Court
This text of 670 N.W.2d 443 (In Re Interim Procedure for Removal/Appeal of Conciliation Court Proceedings to District Court) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
In an opinion filed August 26, 2003, the court of appeals held that the procedure in Minn. R. Civ. P. 4.05 must be used to effect service by mail on the opposing party in order to remove/appeal a case from conciliation court to district court and that compliance with the procedure in Minn. Gen. R. Prac. 521(b) is not effective. Roehrdanz v. Brill, 668 N.W.2d 217 (Minn.App.2003). This court has granted review of that decision. To avoid confusion among the numerous pro se parties who litigate in conciliation court, it is necessary and appropriate to provide interim guidance on the permissible procedure for removal/appeal of a case from conciliation court to district court. By doing so, we express no view on the ultimate outcome of the appeal.
Based upon the files, records and proceedings herein,
IT IS HEREBY ORDERED that effective immediately compliance with either Minn. R. Civ. P. 4.05 or Minn. Gen. R. Prac. 521(b) shall be considered effective service by mail of a demand for removal/appeal from conciliation court to district court, pending final disposition of Roehrdanz v. Brill, 668 N.W.2d 217 (Minn.App.), rev. granted (Minn. Oct. 29, 2003) (No. CX-03-137).
*444 BY THE COURT:
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670 N.W.2d 443, 2003 Minn. LEXIS 658, 2003 WL 22457068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interim-procedure-for-removalappeal-of-conciliation-court-minn-2003.