Landlord- Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other Areas/Minnesota/566.html
<br /> county, the summons may be served at least seven days before its return day by leaving a copy at
<br /> the person's usual place of abode with a family member or a person of suitable age and discretion
<br /> residing there, or if the person had no place of abode, by leaving a copy upon the premises
<br /> described in the complaint with a person of suitable age and discretion occupying the same or any
<br /> part thereof. The summons may be served by any person not named a party to the action. If the
<br /> defendant cannot be found in the county, of which the return of the sheriff or constable shall be
<br /> prima facie proof, and, in the case of nonresidential premises, no person actually occupies the
<br /> premises described in the complaint, or, in case the premises described in the complaint is
<br /> residential, service has been attempted at least twice on different days, with at least one of the
<br /> attempts having been made between the hours of 6:00 and 10:00 p.m., upon the filing of an
<br /> affidavit of the plaintiff or the plaintiffs attorney stating that (1) the defendant cannot be found or
<br /> on belief that the defendant is not in this state, and (2) a copy of the summons has been mailed to
<br /> the defendant at the defendant's last known address if any is known to the plaintiff, service of the
<br /> summons may be made upon the defendant by posting the summons in a conspicuous place on the
<br /> premises for not less than one week. If the defendant or the defendant's attorney does not appear in
<br /> court upon the return day in the action, the trial thereof shall proceed.
<br /> 566.07
<br /> Answer; Trial
<br /> After the return of the summons, at the time and place appointed therein, the defendant, on
<br /> appearing, may answer the complaint, and all matters in excuse, justification, or avoidance of the
<br /> allegations thereof shall be set up in the answer; and thereupon the court shall hear and determine
<br /> the action, unless it shall adjourn the trial as provided in section 566.08, but either party may
<br /> demand a trial by jury. The proceedings in such action shall be the same as in other civil actions,
<br /> except as in this chapter otherwise provided.
<br /> 566.08
<br /> Adjournment; Security For Rent
<br /> The court, in its discretion, may adjourn the trial, but not beyond six days after the return day,
<br /> unless by consent of parties; but in all cases mentioned in section 566.03, except in an action upon
<br /> a written lease signed by both parties thereto, if the defendant, or the defendant's agent or attorney,
<br /> shall make oath that the defendant cannot safely proceed to trial for want of a material witness,
<br /> naming the witness, and that the defendant has made due exertion to obtain the witness, and
<br /> believes that, if such adjournment be allowed, the defendant will be able to procure the attendance
<br /> of such witness at the trial, or the witness' deposition, and shall give bond conditioned to pay to
<br /> the plaintiff all rent which may accrue during the pendency of the action, and all costs and
<br /> damages consequent upon such adjournment, the court shall adjourn the trial for such time as may
<br /> appear necessary, not exceeding three months.
<br /> 566.09
<br /> Judgment; Fine; Execution
<br /> 1. General. If the court or jury finds for the plaintiff, the court shall immediately enter
<br /> judgment that the plaintiff have restitution of the premises and tax the costs for the plaintiff.
<br /> The court shall issue execution in favor of the plaintiff for the costs and also immediately
<br /> issue a writ of restitution. Except in actions brought under 566.02 as required by section
<br /> 609.5317, subdivision 1, upon a showing by the defendant that immediate restitution of the
<br /> premises would work a substantial hardship upon the defendant or the defendant's family,
<br /> the court shall stay the writ of restitution for a reasonable period, not to exceed seven days.
<br /> If the court or jury fmds for the defendant, the court shall enter judgment for the defendant,
<br /> tax the costs against the plaintiff, and issue execution therefor.
<br /> 2. Real property; seizures. If the court enters judgment for the plaintiff in an action brought
<br /> under section 566.02 as required by section 609.5317, subdivision 1, the court may not stay
<br /> issuance of the writ of restitution unless the court makes written findings specifying the
<br /> extraordinary and exigent circumstances that warrant staying the writ for a reasonable
<br /> period, not to exceed seven days.
<br /> 4 of 17 10/26/99 2:52 PM
<br />
|