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DAKOTA COUNTY DISTRICT COURT

Minnesota map with Dakota County highlighted.

There are three court locations in Dakota County; the Judicial Center in Hastings, the Western Service Center in Apple Valley and the Northern Service Center in West St. Paul.

Court Administrator:
Maria Jost

This district Court has original jurisdiction in all civil, family, probate, juvenile, criminal, and traffic cases filed in Dakota County.

Courthouse History

For more information about the district: First Judicial District 

Dakota County Courts

Locations and Directions

Dakota County Point of Entry Security Screening Information

Where Can I File My Case?

Case types processed in Hastings, Apple Valley, and West St. Paul:

  •      Conciliation
  •      Divorces
  •      Family
  •      Harassments
  •      Name Changes
  •      Order for Protections
  •      Traffic and Misdemeanors
  •      Unlawful Detainers/Evictions

Case types processed in Hastings only:

  •      Felony Criminal
  •      Gross Misdemeanor
  •      Juvenile
  •      Major Civil
  •      Probate

Dakota County Judicial Center

Dakota County Judicial Center in Hastings, MN

1560 Highway 55
Hastings, MN 55033
Phone: (651) 438-8100
Get Directions
 

Dakota County Western Service Center

Dakota County Western Service Center in Apple Valley, MN.
14955 Galaxie Ave. West
Apple Valley, MN 55124
Phone: (952) 891-7256
Fax: (952) 891-7285
Get Directions

 

Dakota County Northern Service Center

Dakota County Northern Service Center in West St. Paul, MN
1 West Mendota Rd., Ste. 140
West St. Paul, MN 55118
Phone: (651) 554-6200
Fax: (651) 554-6226
Get Directions

DakotaLink is a free transportation service that runs on weekdays (not including holidays) between the Judicial Center in Hastings and bus hubs at Cedar Grove Transit Station in Eagan and the Signal Hills Shopping Center in West St. Paul.

Business Hours

(all three sites)
Monday - Friday: 8:00 a.m. - 4:30 p.m.
 

Court Holidays »

Dakota County Judicial Officers

Chief Judge Kathryn Davis Messerich

Chief Judge Kathryn Davis Messerich First Judicial District
Dakota

Assistant Chief Judge David L. Knutson

Assistant Chief Judge David L. Knutson First Judicial District
Dakota

Judge Jerome B. Abrams

Judge Jerome B. Abrams First Judicial District
Dakota

Judge Joseph T. Carter

Judge Joseph T. Carter First Judicial District
Dakota

Judge Jamie L. Cork

Judge Jamie L. Cork First Judicial District
Dakota

Judge Dannia L. Edwards

Judge Dannia L. Edwards First Judicial District
Dakota

Judge Christopher Jon Lehmann

Judge Christopher Jon Lehmann First Judicial District
Dakota

Judge David Lutz

Judge David Lutz First Judicial District
Dakota

Judge Michael J. Mayer

Judge Michael J. Mayer First Judicial District
Dakota

Judge Cynthia L. McCollum

Judge Cynthia L. McCollum First Judicial District
Dakota

Judge Timothy J. McManus

Judge Timothy J. McManus First Judicial District
Dakota

Judge Shawn M. Moynihan

Judge Shawn M. Moynihan First Judicial District
Dakota

Judge Tanya O. O’Brien

Judge Tanya O. O’Brien First Judicial District
Dakota

Judge Ann M. Offermann

Judge Ann M. Offermann First Judicial District
Dakota

Judge Arlene M. Asencio Perkkio

Judge Arlene M. Asencio Perkkio First Judicial District
Dakota

Judge Tracy Perzel

Judge Tracy Perzel First Judicial District
Dakota

Judge Vicki Vial Taylor

Judge Vicki Vial Taylor First Judicial District
Dakota

Judge Richelle M. Wahi

Judge Richelle M. Wahi First Judicial District
Dakota

Judge Tim D. Wermager

Judge Tim D. Wermager First Judicial District
Dakota

First District Order Regarding Possession of Firearms on Court Property, Effective July 3, 2017

Read the Order


eFiling and eService

The Minnesota Judicial Branch has taken a historic step into the future with the decision to move state courts from a framework of paper files to an electronic information environment. This initiative will result in significant benefits for judges, court employees, attorneys, and most importantly, the hundreds of thousands of people served each year.
eFile and eServe Now


Nomad Multimedia Podiums Now Available at the Dakota County Judicial Center in Hastings

Dakota County District Court now has two Nomad Multimedia Podiums available at the Hastings Judicial Center. These podiums are a self-contained, all inclusive presentation system allowing the user to present virtually any type of media. The podium has a DVD/VCR player, a sound reinforcement system, a Document Camera, and HDMI or VGA connections for a laptop computer. You can contact the District Court to reserve one of the podiums for your hearing.  

User Guide for Nomad LT Multimedia Podium
Watch Online Training Video


Expedited Civil Litigation Track Pilot Project

The Minnesota Supreme Court has authorized an Expedited Civil Litigation Track Pilot Project, effective July 1, 2013, for the district courts in Dakota County and the city of Duluth.
Read the news release
Read the Supreme Court order, the special rules, and the amendments


Dakota County Continuance Policy, Effective May 23, 2013

Read the Policy
Continuance Request Form
 

First District Policy for Electronic Devices in Court Facilities, Effective September 12, 2017

Read the Policy
 

First District Order Regarding Restitution Determination on Probation to the Court Cases

Read the Order

Criminal

Felony and Gross Misdemeanor Continuance Policy effective 5-23-2013

The Criminal Division is responsible for the filing and disposition of all felony and gross misdemeanor violations issued in Dakota County.
 

What to do if there is a bench warrant for your arrest

If there is a bench warrant for your arrest, you may turn yourself in on any weekday at 6:00 a.m. at the Law Enforcement Center in Hastings.  Your case may be heard between 9:00 a.m. and 11:00 a.m. the same day in the Law Enforcement Center courtroom in Hastings.
 

Applying for a Public Defender

If you cannot afford to obtain an attorney, you can apply for a public defender by completing a public defender application form. This form should be submitted to the clerk at your first court appearance with one of the following: (1) Current Paystub, (2) Current W-2, or (3) Most recent tax return.
Public Defender Application - English
Public Defender Application - Spanish
 

How to obtain Criminal Subpoenas

Subpoenas for criminal and traffic cases must be obtained via Court Administration either by mail or by visiting the county/court location that maintains the court file.

If the defendant is pro se (does not have an attorney), he/she must motion the court in writing for an order allowing the subpoenas to be issued.  The motion must indicate who the subpoena will be issued for and why.  If the judge approves the issuance, the subpoenas will be issued at no charge.

Issuance of subpoenas shall not require court approval if the defendant is represented by counsel.  The following information must be provided in order for a subpoena to be issued:

1) Subpoena Fee - $16.00
2) File Number
3) Case Name
4) Attorney or individual requesting the subpoena(s) with a corresponding phone number
5) Hearing or Trial Date 
 

How to Request Subpoenas for an Out of State Witness

634.07 NONRESIDENTS REQUIRED TO TESTIFY IN STATE.
If a person, in any state which by its laws has made provision for commanding persons within that state to attend and testify either for the prosecution or the defense in criminal actions, or for the purpose of a grand jury investigation which has commenced or is about to be commenced, in this state, is a material witness in an action pending in a district court, or a grand jury investigation which has commenced or is about to be commenced, in this state, a judge of such court may issue a certificate, under the seal of the court, stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county in which the witness resides, or the county in which the witness is found if not a resident of that state.

If the witness is ordered by the court to attend and testify in a criminal action or a grand jury investigation in this state the witness shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the action is pending, or the place where the grand jury investigation has commenced or is about to be commenced, and $5 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the order of the court shall not be required to remain within this state a longer period of time than the period mentioned in the certificate.
History:
(9819-2) 1935 c 140 s 2; 1955 c 812 s 2; 1986 c 444
 

How to File a Civil Judgment

When restitution has been ordered in a criminal case.  Victims can file a civil judgment even if a payment plan has been set up on the criminal case.
Information on Filing a Civil Judgment
Affidavit of Identification
 

What is a Criminal Expungement?

Criminal “Expungement” is the process of going to court to ask a Judge to seal a criminal record.   When a record is sealed, it does not show up in a criminal background check.  It is important to remember that a sealed record is not destroyed. The police, immigration authorities, and other public officials may still maintain your records in their databases.
How to expunge a Criminal case
How to obtain a Record Check

How to obtain a Certified or Plain Copy of a Criminal Document

To obtain a Certified or Plain Copy of a criminal document filed in Dakota County, you can either go to the location in Dakota County where the offense was filed or you can fill out the Copy Request Form and send the completed request form along with payment in full to:

Attn: Criminal Division/Copy Request
Dakota County District Court
1560 Highway 55
Hastings, MN 55033

Plain Copy fee $8.00 per document
Certified Copy fee $14.00 per document

Upon receipt of the completed Copy Request Form and payment in full, Dakota County District Court will mail the requested documents to you.
Copy Request Form

Civil

The Dakota County civil divisions located in Apple Valley, West St. Paul, and Hastings process Unlawful Detainers, Conciliation Court Appeals, Implied Consents, and numerous other types of cases.

In addition, the Hastings Civil Department handles all major civil lawsuits - cases involving more than $50,000. The Judgment Department also dockets judgments, issues writ of executions, and files satisfactions of judgments for all Dakota County judgments.

The list below contains links to content that provides answers to frequently-asked civil process questions:
Filing a Summons and Complaint
Answering a Summons and Complaint
Proposed Order Discharging Petitioner from Dakota County Receiving Center
Continuance Policy for Civil Jury & Court Trials
Harassment Orders
Evict a Tenant
Name Change
How to File a Motion in District Court
Procedures to Discharge a Judgment against a Bankruptcy Debtor
Subpoenas
Alternative Dispute Resolution (ADR)

Court Forms

Fax Filing Procedures

Except where filing is required by electronic means by rule of court, any document may be filed with the court by facsimile transmission pursuant to Minnesota Rules of Civil Procedure 5.05.

The document is considered filed as of the fax date.

Within five days of transmittal, the faxing party shall:

  • Pay the $25.00 fax fee for each 50 pages or part thereof
  • Pay any applicable filing fees

Any attachments and exhibits to documents (such as affidavits, memorandums, motions, depositions, etc.) should not be faxed. These may be sent with the fax filing fee. The sender’s original documents (that were faxed) must not be filed but must be maintained in the files of the party transmitting it for filing and made available to the court or any party to the action upon request.

Failure to comply with this rule can result in judicial action.

Release of Minor Settlement Funds

The Minnesota Supreme Court amended court rules that effect minor settlement accounts, effective January 1, 2003.  Release of these funds is no longer automatic when the minor reaches majority.

In order to release any funds, either at the age of majority or a partial release prior to age of majority, a motion must be completed and submitted to the county where the case is filed.  After the court receives the motion, it will be submitted to a judge for review.

These rules do not apply to funds held in an annuity. Annuities cannot be withdrawn until majority has been reached.

Full Release of Minor Settlement Funds Motion and Order
Partial Release of Minor Settlement Funds Motion and Order
Confidential Information Form (Form 11.1)

Filing a Motion in District Court

Court personnel cannot provide you with legal advice. The following are general instructions to follow if you are preparing a motion to be scheduled for a hearing. It should be noted that laws are different for various proceedings.
 
1. Prior to submitting motion paperwork, a motion date must be obtained from court administration. To obtain a motion date, please contact the court location in which your case was initiated.

Apple Valley- (952) 891-7243
Hastings- (651) 438-8199
West St. Paul- (651) 554-6200 (then press 3)

2. Then you must complete a motion form. You must sign the motion; the Affidavit(s) must be notarized. 

Copies of these materials and detailed instructions can be found in law libraries, some public libraries, and on www.mncourts.gov. On the motion form, print or type the case file number, the case type, the name of the plaintiff(s), and the name of the defendant(s). If you have other legal papers from the same case, you can copy the information from them. It must be copied exactly.
 
3. After completing the motion and your attachments, you must have a copy of the motion and attachments served on the opposing party(ies). A requirement of having your motion heard by a judge is making sure that the other side has notice of the hearing date, time, and place. Making sure that every party involved has copies of the motion papers with this information and the attachments is called service of process and is governed by Minnesota Rules of Civil Procedure Rule 4 and 5, the Minnesota General Rules of Practice Rule 115, and Minnesota State Statutes (laws).
 
4. You must file the original motion and supporting documents (attachments) and affidavit of service at the court location in which your case was initiated. You must pay a motion fee when filing these documents with the court. Please note that you must also pay the filing fee if it has not been previously paid.  Please visit our Filing Fees tab for more information.
 
5. Come to your scheduled hearing prepared and bring your witnesses and original documents.

FamilyFamily court handles cases where parties seek court intervention to solve their family issues. Judges hear and decide cases involving adoption, divorce, paternity, domestic abuse, child custody, support, and visitation.

Adoptions
Adoption Forms
Affidavit of Default of Maintenance Judgment
Amended Judgment and Decree
Child Support Docket Form
Custody Evaluators and Parenting Time Expeditors
Dakota County Early Neutral Evaluation (ENE)
Dakota County Family Court Self Help Center
Dakota County Parent Education Classes
Divorce, Custody, and Family Law Information and Forms
Docketing of Child Support Judgment Instruction Guide
Family Court Forms
Family Court Instructions and Motion
How to Obtain a Copy of a Divorce Decree
Name Change
Notice of Entry and Docketing of Maintenance Judgment Instruction Guide
Protection from Abuse - Order for Protection

Filing a Motion in District Court
Court personnel cannot provide you with legal advice. The following are general instructions to follow if you are preparing a motion to be scheduled for a hearing. It should be noted that laws are different for various proceedings.
 
1. Prior to submitting motion paperwork, a motion date must be obtained from court administration. To obtain a motion date, please contact the court location in which your case was initiated.

Apple Valley - (952) 891-7243
Hastings - (651) 438-8199
West St. Paul - (651) 554-6200 (then press 3)

2. Then you must complete a motion form. You must sign the motion; the Affidavit(s) must be notarized. 
Copies of these materials and detailed instructions can be found in law libraries, some public libraries, and on Get Forms page. On the motion form, print or type the case file number, the case type, the name of the plaintiff(s), and the name of the defendant(s). If you have other legal papers from the same case, you can copy the information from them. It must be copied exactly.
 
3. After completing the motion and your attachments, you must have a copy of the motion and attachments served on the opposing party(ies). A requirement of having your motion heard by a judge is making sure that the other side has notice of the hearing date, time, and place. Making sure that every party involved has copies of the motion papers with this information and the attachments is called service of process and is governed by Minnesota Rules of Civil Procedure Rule 4 and 5, the Minnesota General Rules of Practice Rule 115, and Minnesota State Statutes (laws).
 
4. You must file the original motion and supporting documents (attachments) and affidavit of service at the court location in which your case was initiated. You must pay a motion fee when filing these documents with the court. Please note that you must also pay the filing fee if it has not been previously paid.  Please visit our Filing Fees tab for more information.
 
5. Come to your scheduled hearing prepared and bring your witnesses and original documents.

How to obtain a copy of a divorce decree
You may obtain a copy of a divorce decree by mailing your request along with the name of the case, the file number, and the fee to the court location and county where the divorce was filed. A certified copy is $14.00. A plain copy is $8.00.

If you do not know the file number or the location where the divorce was filed, you may contact the county the divorce was filed in by phone and obtain this information.

You may also go to the court location where the divorce was filed and obtain a copy of the decree in person.

For filings in Dakota County: Copies can be obtained from the court location where the divorce was originally filed:  Apple Valley, W. St. Paul, or Hastings.
 
 
Guardianships & ConservatorshipsThis information is not intended to advise participants on legal issues, nor is it intended to be a substitute for a lawyer or legal advice. It is a general description of procedures and basic information about guardianship and conservatorship matters in Dakota County Probate Court. 

By statue, court employees may not give legal advice. 

The Probate Court has been authorized by the Minnesota State Legislature to appoint conservators and/or guardians to manage the affairs of incapacitated or incompetent people.  At some time, a person may need or want to take responsibility for a physically or mentally incapacitated person who cannot manage their personal or financial affairs.  In this proceeding the court orders the appointment of a person to act as a decision maker for another person.  The court bases this decision on clear and convincing evidence that the protected person or ward has been found to be unable to make necessary decisions on his or her own behalf.  A conservator is appointed to make financial decisions for the protected person. A guardian is appointed to make the personal decisions for the ward.  

Initiating a Guardianship or conservatorship proceeding

The first step in initiating a proceeding is to consult an attorney.   An attorney can review with you less restrictive alternatives that may fulfill the needs of the person you are trying to protect.  The Minnesota Statutes and court rules relating to guardianship and conservatorship are complex.  It is difficult for a person to proceed without the assistance of an attorney.

Minnesota Statutes, Section 524.5-118 requires a background study on a person becoming a guardian or conservator.  The background study will include a review of criminal convictions held at the Minnesota Bureau of Criminal Apprehension and records of substantiated maltreatment of vulnerable adults held by the Department of Human Services.  There also will be a search of FBI criminal records if you have not resided in Minnesota for the previous 10 years or if the BCA information indicated that you are a multistate offender.

Forms and instructions will be sent to the Petitioners attorney after the Petition has been filed.

Background checks are not required of parents or guardians of a proposed ward who has a developmental disability if the parent or guardian has raised the proposed ward or conservatee in the family home until the petition is filed.

Minor Conservatorships/Guardianships

The Minnesota Statutes governing guardianship and conservatorship of minors differ significantly from those governing the protection of adults.

The first step in initiating a proceeding is to consult an attorney.  An attorney can review with you less restrictive alternatives that may fulfill the needs of the minor you are trying to protect.  The Minnesota Statutes and court rules relating to minor guardianship and minor conservatorships are complex.  It is difficult for a person to proceed without the assistance of an attorney

Power of Attorney

The probate division does not have jurisdiction over this document and therefore does not have any information available.  It is recommended that you contact a legal advisor if you have any questions regarding this procedure.  The Power of Attorney is not filed or recorded in the probate division.

Conservatorship/Guardianship forms are available at the State of MN Courts form web site.
Juvenile

Dakota County Juvenile Court has jurisdiction over matters involving children under the age of eighteen (18).

In delinquency cases, the child is alleged to have committed a violation of Minnesota law.

In child protection cases, the child's parents or guardians are alleged to have created a condition that places the child's health and welfare at risk of harm.

In both of the above cases, the focus of any court proceeding is to provide supervision over services for the child either to return the child to law-abiding behavior or to correct the condition that places the child's health and welfare in danger.

Most Juvenile Court delinquency matters are not open to the public with the exception of serious crimes committed by children over the age of 16. Child protection matters are open to the public with the exception of Runaway and Truancy cases as well as any specific case that is closed by Court Order.

Child Protection Matters
Delinquency Matters
Juvenile Traffic Matters

 

Child Protection Matters

The following case types fall under Children in need of Protection or Services (CHIPS)

  • Delinquency Under 10
  • Educational Neglect
  • Runaway
  • Truancy
  • Voluntary placement (Other) 
  • Voluntary Placement (EE DD)
  • Termination of Parental Rights
  • Parental Notification of Abortion

A Petition for Children in Need of Protection and or Services (CHIPS) is filed with District Court by the State. The Petition is served on the parties in the case either at the time of the Protective Care Hearing or before the hearing by a Deputy Sheriff.
The petition will set forth the allegations that brought the family to the attention of the Dakota County Social Services Department.
 

Delinquency

Delinquency matters include any Felony, Gross Misdemeanor, Misdemeanor, and Petty Misdemeanor offenses that a person less than the age of eighteen (18) is alleged to have committed.  
The State will file with District Court a Petition or Citation with the alleged charge.
The child and the child’s parent or guardian will be notified by U.S. Mail if a court appearance is necessary. 
At the time of the first appearance the parent/guardian may apply for the services of a court appointed attorney if the level of offense qualifies.
If the charge is proven, the court may make a finding of delinquent and the child may be adjudicated delinquent.
Juvenile criminal matters may include Extended Jurisdiction Juvenile (EJJ) where the child may have a stayed adult sentence until the child's 21st Birthday, and the child is placed on extended probation. (See Minnesota Rules of Court Rule 19 and M.S. 260B.130)
In some cases, juvenile court can certify a child to stand trial as an adult. Adult certification procedures are initiated by motion of the prosecuting attorney after a delinquency petition has been filed.  Juveniles must be at least fourteen (14) years old to seventeen (17) years old and the alleged offender must meet certain criteria in order for the motion for adult certification to be filed.
If a child is certified as an adult, juvenile court’s jurisdiction terminates and the matter is transferred to adult court. (See Minnesota Rules of Court Rule 18 and M.S. 260B.125.)
Generally, juvenile cases are confidential. However, the petition, probable cause statement and hearing in felony matters are public record if the juvenile was at least sixteen (16) at the time the alleged offense was committed
 

Juvenile Traffic Matters

A juvenile traffic offender is any child alleged to have committed a traffic offense except those children under the jurisdiction of adult court as provided in Minnesota Statutes, section 260B.225.
A traffic offense is any violation of a state or local traffic law, ordinance, or regulation, or a federal, state or local water traffic law.

Jurisdiction over Juvenile Traffic Offenses

Petty Misdemeanors ONLY (no other charges) 
Offense age 10–15: Juvenile Court §260B.225 subd. 4(1)               
Offense age 16 – 17: Adult Court §260B.225 subd. 4(2)i

Misdemeanors other than DWI
Offense age 10–15:  Juvenile Court §260B.225 subd. 4(1)              
Offense age 16 – 17:  Juvenile Court §260B.225 subd. 4(3)

DWI or Aggravated DWI (and accompanying traffic charges)      
Offense age 10–15:  Juvenile Court §260B.225 subd. 4(1)              
Offense age 16 – 17:  Adult Court §260B.225 subd. 4(2)ii

 

 

Probate/Mental HealthThe following is a general description of procedures and basic information about the Probate process in Dakota County Probate Court. This information is not intended to advise participants on legal issues, nor is it intended to be a substitute for a lawyer or legal advice. By statute, court employees may not give legal advice.
 

Probate

Probate is the legal process of settling an estate.  A determination of heirship is made and a personal representative is appointed.  If the decedent had a will, the court determines the validity of the will.  The Minnesota Statutes and the Probate Court Rules govern the probate process. 
 

Depositing a Will for Safekeeping 

Dakota County has jurisdiction over the deposit of wills for safekeeping and provides the service of allowing the public to file their original wills with the court.  Wills remain with the Court even after death.  If a probate proceeding is initiated, the will is filed with the estate file.  Original wills are considered permanent court records and copies may be released by the court only upon proof of death.  Listed below is deposit and withdrawal information:
  • Only Dakota County residents may deposit their wills with the Dakota County Probate Court.
  • Wills may be deposited by a testator or someone under their direction.
  • The will must be submitted in a sealed envelope with name, address and date of birth on the outside of the envelope.
  • The deposit filing fee.
  • After a will is filed for safekeeping, the testator will receive a Certificate of Deposit and an Affidavit of Withdrawal.  The Affidavit of Withdrawal is used if a testator decides to withdraw the will at a later date.
  • There are two ways to withdraw a will –
  • By mail – Complete and send the signed, witnessed and notarized Affidavit of Withdrawal form.
  • In person – Present the Affidavit of Withdrawal form that has been signed, witnessed and notarized.  If this form is not available, we require a driver’s license or state ID card.

Estate Proceedings

Probate court has jurisdiction over cases that involve the disposition of property belonging to persons that have died. The Probate court operates under the Uniform Probate Code, Minnesota Statutes 524 and 525 and the Rules of Civil Procedure. The first step is to determine if a probate proceeding is necessary or not.  All estates are not required to be probated.  Under the Minnesota Probate Statute the decedent must own real estate in their name alone or have probate assets that total more than $50,000.00.  You may want the assistance of an attorney or legal advisor to help in making a determination as to which way to proceed.   Below are the most frequently used procedures.


Types of Proceedings

 

Informal Probate

Informal probate is designed for estates in which there is no need for court supervision or a judicial adjudication.   To qualify for the informal process, an estate must be free of uncertainties, legal disputes or complex administrative requirements.  The Probate Registrar has the ability to decline an application if it is determined that all the statutory requirements are not met.  Once the forms are completed and accepted the Probate Registrar appoints the personal representative. 

All Self Represented Litigants (SRL’s) in an Informal Probate will need to meet with the Probate Registrar in person starting on January 1, 2018.  The probate registrar will be available at our Hastings location.  Please bring the original will, if applicable, picture identification, a certified copy of the death certificate, all necessary paperwork, and the court filing fee. 
 

Formal Probate  (Unsupervised/ Supervised)

Formal proceedings require a hearing before the Judge. In Dakota County no appearance by the attorney or personal representative is necessary at this hearing unless an objection is filed with the court. 
 

Determination of Descent

When a decedent has been dead for more than three years and no prior proceedings exist, statutes require the estate to be processed through Determination of Descent proceedings.  See Minnesota Statutes for requirements and procedures or contact an attorney or legal advisor.
 

Summary Assignment

If the gross probate assets of an estate do not exceed $100,000.00  (excluding the exempt homestead), the estate may qualify for a Summary Assignment.  There are two Summary Assignment subtypes:  Exempt Summary and Non-Exempt Summary.  See Minnesota Statutes for requirements and procedures or contact an attorney or legal advisor.


Roles of the Personal Representative

The principle duties of the personal representative are –
  • Determine whether decedent left a will.
  • Prepare a list of names, ages, addresses of decedent’s heirs and devisees.
  • Compile a list of probate and non-probate assets and their value.
  • Protect and preserve assets.
  • Pay taxes and debts and distribute remaining assets.
The personal representative is personally responsible for probating the estate completely and correctly, according to statute, and to bring it to a prompt conclusion. Most estates are expected to be completed within an 18 month period. If additional time is needed, petition the court for an extension.
 

Probate/Estate Frequently Asked Questions

Does everyone need a Will?
  • If a person dies without a will the state inheritance laws will direct how property will be divided.  By having a will the decedent’s wishes are made known to the Court for the probate process.  Contact a legal adviser for help in making decisions regarding a will.
How do I get Letters?
  • The personal representative is in charge of handling the estate of the decedent. In an informal probate the Registrar appoints the personal representative. In formal probate the Judge appoints the personal representative. In both circumstances all the necessary paperwork is required to be filed before issuance. The selection of informal or formal probate or of an alternative procedural option is the responsibility of the personal representative and/or the attorney.
What can I do if the decedent owes me money?
  • Once an estate has been filed, a person may file a Written Statement of Claim with the court or the personal representative.  Questions about validity of a claim may be answered by an attorney or legal advisor.  See Minnesota Statute 524.3-804 & 806.
What is a Demand for Notice?
  • A person desiring notice of any order or filing pertaining to a decedent’s estate in which the person has an interest may file a Demand for Notice with the Court after the death of the decedent.  When a Demand for Notice is received the Court will mail a copy of the Demand for Notice to the personal representative and attorney.
Do I need to probate the Estate?
  • If the decedent has no ownership in real estate or has less than $50,000.00 in probate assets refer to the form Affidavit for Collection of Personal Property. See Minnesota Statute 524.3-1201. This document is not filed with the Probate Court.
Who arranges for publication?
  • The petitioner or the petitioner’s attorney should arrange for publication.  The court will send to you a list of qualified legal newspapers in Dakota County.
Where can I file probate documents?
  • The Probate Court of Dakota County is located at 1560 Highway 55, Hastings, MN  55033.
Does a durable power of attorney continue after death?
  • This power ceases immediately upon death.  This form is not filed with the Probate Court.
Where can I find more Probate forms?
  • You can find Probate forms at the Minnesota court forms web page.

Adult Drug Court

Family Dependency Treatment Court

Juvenile Drug Court

Peer Court
Hastings High School in Hastings, Minn., hosted the first Peer Court in the Twin Cities area May 1, 2000.  The program has expanded since then. There are currently seven schools in Dakota County hosting Peer Court: Hastings, Lakeville North, Lakeville South, South St. Paul, Simley, Burnsville, and Eastview High Schools. Many youth from the remaining schools in Dakota County participate in Peer Court as observers and jurors as a component of their Peer Court Agreements. The students at each high school are taught how to be effective jurors by educating them on several issues as follows: restorative justice, juvenile delinquency terms and definitions, appropriate questioning techniques, and how to structure a sentence to fit the needs of an individual. 

Peer Court is an alternative sentencing program in which juvenile offenders tell their stories to juries of their peers, who then recommend sentences that may include doing community service, completing alcohol or drug counseling, complete an ethics and decision driving course, and serving as a juror in a future Peer Court.  The court was established by District Court Judge Thomas Poch of Dakota County to teach participants individual accountability and responsible decision-making skills.  

Peer Court is available to Dakota County’s first-time juvenile offenders and for second-time property crime juvenile offenders. Minors are referred to Peer Court by schools, police departments and probation officers, at the discretion of the county attorney. Offenders must admit their guilt, waive and give up their rights to privacy and anonymity, agree to be bound by the sentence and waive their right to an attorney. If offenders decline to do so, they can be referred to juvenile court. 

Court sessions are heard at a high school other than the one at which the offending student attends. A Judge from the First Judicial District and student jurors, advised by local volunteer attorneys, listen to the charges and the offenders’ side of the story. The offenders’ parents, who must attend Peer Court, may also be questioned, as may others impacted by the offenders’ actions. 

After questioning, jurors and the volunteer attorneys who advise them leave the courtroom to discuss and recommend a sentence. Sentences cannot include jail time or fines. The presiding Judge may choose to modify the recommendations before he orders the offender to comply with the sentence, which includes up to six months of informal probation. Offenders who fail to complete their sentences are referred to the Dakota County Attorney for formal prosecution in juvenile court.

At the end of probation, cases are dismissed and the juveniles are eligible to have their records sealed once they turn 18 years old.

Jurors are trained with a curriculum developed by Judge Poch and modeled after a program in Orange County, Calif., Superior Court. Teacher training sessions are held throughout the year to help educate high school students about juvenile court and Peer Court.

Peer Court has been well received by teachers, judges, courts, parents, students, and police departments.

Peer Court is a collaborative effort of the Juvenile Court Division of the District Court, Dakota County Community Corrections, the Dakota County Attorney and Dakota County school districts.

A total of 126 Peer Court sessions have been held since its inception in May of 2000 through May 2006.  A total of 368 minors and their families have been scheduled for these sessions.

Conciliation Court

Conciliation Court, also known as "Small Claims Court," is where people can have claims of $15,000 or less decided by a Judge or Referee. If you make your claim for the Conciliation Court limit of $15,000, you cannot ask for more money later for another claim related to the same incident. Conciliation Court has relatively simple procedures to follow and does not involve expensive court fees. It is designed to be a Court where you do not need a lawyer to represent you.

NOTE: Getting a judgment in Conciliation Court does not guarantee payment. Collecting a judgment can be difficult and may involve out-of-pocket expenses for filing fees and other costs.

For more information on Conciliation Court, please see the Minnesota Judicial Branch Self Help Center

Traffic Court

Beginning July 1, 2019, people with traffic tickets issued in Dakota County can resolve most minor offenses without a court hearing. Learn more about Dakota County's convenient traffic ticket resolution service.

The Traffic and Misdemeanor Division handles a variety of citations ranging from petty misdemeanor offenses which include minor parking and traffic violations to misdemeanor offenses including driving while intoxicated, theft, and worthless check violations.

What are the maximum penalties for a petty misdemeanor and a misdemeanor?

A petty misdemeanor is punishable by up to a maximum fine of $300.  Because there is no possibility of jail time, a petty misdemeanor is not considered a crime.

A misdemeanor is punishable by up to a maximum of 90 days in jail and/or a $1,000 fine.

Pay Fines Online

How to Expunge a Criminal/Traffic Case

How to File a Motion to Withdraw a Plea of Guilty

What to Expect at Court Hearings From Arraignment to Jury Trial

Public Defenders

Public Court Calendars

Court Calendar

Court calendars reflect scheduled courtroom hearings, but they do not include all matters handled by the court each day.

Confidential cases and cases that are not remotely accessible under Minn. R. Pub. Access 8, subd. 2 are not posted in this calendar. If your case does not appear on the calendar, do not assume that your court appearance has been cancelled or rescheduled.

The calendar is in searchable .PDF format. You can use your computer or mobile device to find your name or the name of an attorney.
 
Western Service Center - Apple Valley
Dakota County Judicial Center - Hastings
Northern Service Center - West St. Paul

Please note:                                                                                                                                   
 
  • This calendar is posted at 7:00 PM for the next day's hearings, and updated hourly beginning at 7:00 AM throughout court business hours.          
  • Calendar hearings are subject to change as there are often changes in scheduled cases, judge assignments, and courtroom assignments.
  • Printed calendars located outside the courtrooms or electronic display monitors in public lobbies contain the most current daily calendar information.
  • If you have any questions about the calendar, please contact the local court administrator’s office.
  • Information in the calendar is subject to the MN Rules of Public Access.
Learn about Hearing eReminders »

Judicial Center - Hastings 
Main Phone: (651) 438-8100

Western Service Center - Apple Valley
Main Phone: (952) 891-7256

Northern Service Center - West St. Paul
Main Phone: (651) 554-6200


Traffic Division

Judicial Center - Hastings

Phone: (651) 438-8130
Fax: (651) 438-8265
 

Western Service Center - Apple Valley

Phone: (952) 891-7239
Fax: (952) 891-7312  
 

Northern Service Center - West St. Paul

Phone: (651) 554-6200
Fax: (651) 554-6226

MN Court Payment Center: (651) 281-3219  (metro) or (800) 657-3611 if calling outside the metro area


Civil and Family Division

Judicial Center - Hastings

Civil Phone: (651) 438-8199
Civil Fax: (651) 438-8162
Family Phone: (651) 438-8110
Family Fax: (651) 438-8161
 

Western Service Center - Apple Valley

Phone: (952) 891-7243
Fax: (952) 891-7285  
 

Northern Service Center - West St. Paul

Phone: (651) 554-6206
Fax: (651) 554-6226
 

Criminal Division

(Judicial Center – Hastings Only)

Phone: (651) 438-8141                                  
Fax: (651) 438-8160 
 

Juvenile Division

(Judicial Center – Hastings Only)

Phone: (651) 438-8130                                  
Fax: (651) 438-8265

 

Probate Division/Mental Health/Adoptions

(Judicial Center – Hastings Only)

Phone: (651) 438-8120                                  
Fax: (651) 438-8161


Jury Service Information

(Judicial Center – Hastings Only)

Phone: (651) 438-4341                                
Fax: (651) 438-8162
24 hour phone recording: (651) 438-8181

Contact by email
 
Mailing AddressDakota County District Court
Judicial Center
1560 Highway 55
Hastings, MN  55033

Dakota County District Court
Western Service Center
14955 Galaxie Ave
Apple Valley, MN  55124

Dakota County District Court
Northern Service Center
1 Mendota Road West
Suite 140
West St Paul, MN  55118

Contact by email