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How to file a removal of a case to District Court
A party who disagrees with an Order for Judgment entered in Conciliation Court after a hearing may "appeal" the case and "remove" it to District Court for a new trial. The removing party may be either the judgment debtor or creditor.
- You cannot remove a case if you did not appear in court for the hearing and a default judgment was entered. In this situation, you must file a Special Term Motion to re-open the case and ask for a new hearing date.
- Although it is not required, it is strongly recommended that the removing party be represented by an attorney, as you will be expected to follow District Court Rules of Procedure.
NOTE: A corporation or LLC must be represented by an attorney in District Court, which includes having an attorney sign court papers on behalf of the client corporation or LLC. Except: For cases in the Hennepin County "Housing Court," MN Gen. Rule of Practice 603 may allow a principal (or agent) of the corporation or LLC to sign court papers or appear in court on behalf of the business entity. You should get legal advice if you have questions about this issue in your case.
- Court staff may not give legal advice or help you prepare your removal. Refer to Find a Lawyer, or get a brief consultation with a volunteer attorney at the Legal Advice Clinic. Refer to Ask a Lawyer for hours and locations.
- NEW! Effective September 1, 2012, attorneys who file a Demand for Removal from Conciliation Court must use the eFile system because the case gets filed in Civil Court.
Steps to File a Removal
- The removal must be filed before the "stay of entry" date expires. This date is on the Notice of Entry of Judgment.
- Download the Removal (Appeal) Forms from this website, or you may pick up the required forms in person at the Clerk’s office, Room 306, Minneapolis City Hall, 350 South Fifth Street, Minneapolis, MN or . The forms are:
- Demand for Removal/Affidavit of Good Faith
- Affidavit of Service
- All individuals or their attorneys must be served with the Demand for Removal. Service shall be by first class mail. Service may also be by personal service in accordance with the provisions for personal service summons in District Court.
- After the removal is filed, the Conciliation Court judgment is "vacated." The case is sent to District Court and assigned a District Court case number.
- Pay the filing fee.
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