Section 565.25 — Bonding Requirements.
565.25 BONDING REQUIREMENTS. Subdivision 1. Order of seizure of property. An order for seizure of property from the respondent shall provide that the seizure shall be contingent upon claimant’s filing of a bond approved by the court conditioned for the return of the property to the respondent, if a return be adjudged, and for the […]
Section 565.251 — Possession By Respondent Without Bond; Stay Of Proceeding.
565.251 POSSESSION BY RESPONDENT WITHOUT BOND; STAY OF PROCEEDING. The court may allow the respondent to retain or regain possession of the property without filing a bond and may stay the action by the claimant for a reasonable period of time not to exceed six months if the following conditions are met: (1) the respondent […]
Section 565.26 — Order For Seizure Of Property.
565.26 ORDER FOR SEIZURE OF PROPERTY. Subdivision 1. Seizure order requirements. An order for seizure of property shall: (1) identify the property to be seized; (2) direct the sheriff to seize the property; and (3) specify that the claimant is authorized, immediately or after a specified reasonable period of time, to sell or otherwise dispose […]
Section 565.27 — Sufficiency Of Surety.
565.27 SUFFICIENCY OF SURETY. A person asserting a claim to property seized by order of the court may by motion challenge the sufficiency of the surety for the bond filed with the court. If the court finds the surety insufficient, it may grant a reasonable time for the filing of another bond. History: 1979 c […]
Section 565.28 — Fees To Sheriff.
565.28 FEES TO SHERIFF. Upon taking property pursuant to an order of the court, the sheriff shall keep it in a secure place and shall deliver it to the party entitled thereto as soon as reasonably possible upon receiving lawful fees and expenses for taking and keeping the property. The sheriff shall promptly return, without […]
Section 565.29 — Advancement On Calendar.
565.29 ADVANCEMENT ON CALENDAR. A motion for advancement on the calendar or for a date certain for final hearing on the merits may be presented at any time and may be combined with any other motion and the court may advance the case or set a date certain as the ends of justice require. History: […]
Section 565.24 — Recovery Of Possession Prior To Notice And Hearing.
565.24 RECOVERY OF POSSESSION PRIOR TO NOTICE AND HEARING. Subdivision 1. Motion. A claimant seeking to recover possession of property prior to notice and hearing as provided in section 565.23 shall proceed by motion seeking such relief. The motion shall be accompanied by an affidavit setting forth: (1) the information required by section 565.23, subdivision […]
Section 562.02 — Civil Actions Affecting A Public Body; Surety Bond Required Of Plaintiff.
562.02 CIVIL ACTIONS AFFECTING A PUBLIC BODY; SURETY BOND REQUIRED OF PLAINTIFF. Whenever any action at law or in equity is brought in any court in this state questioning directly or indirectly the existence of any condition or thing precedent to, or the validity of any action taken or proposed to be taken, by any […]
Section 562.03 — Requisites Of Bond.
562.03 REQUISITES OF BOND. Such bond shall be executed by the party of whom it is required or some person for the party as principal, or may be in the form of an undertaking, and shall be in a penal sum to be fixed by the court for the protection of the public body and […]
Section 562.04 — Early Trial Of Action, Appeal.
562.04 EARLY TRIAL OF ACTION, APPEAL. Whenever a bond has been required in any action under section 562.02, the court shall advance the case on its calendar for trial at the earliest feasible date, or the court may advance for trial only the issues which affect the public body. If any appeal is taken from […]