546.07 ORDER OF TRIAL; ABSENCE OF PARTIES. The issues on the calendar of a general term shall be disposed of in the following order, unless the court shall otherwise direct: (1) jury cases; (2) issues of fact to be tried by the court; (3) issues of law. If a party be absent, unless the court […]
546.08 CONTINUANCE. A motion to postpone a trial for the absence of evidence can only be made upon affidavit, stating the evidence expected to be obtained, the reasons for its absence and for expecting that it can be procured, and showing its materiality and that due diligence has been used to procure it; and if […]
546.10 CHALLENGES. In any civil action or proceeding either party may challenge the panel, or individual jurors thereon, for the same causes and in the same manner as in criminal trials, except that the number of peremptory challenges to be allowed on either side shall be as provided in this section. Before challenging a juror, […]
546.11 ORDER OF TRIAL. In a civil case when the jury is completed and sworn, the trial shall proceed in the following order, unless for special reasons the court shall otherwise direct: (1) the plaintiff, after stating the issue, shall produce the plaintiff’s evidence; (2) the defendant may then open the defense, and produce evidence […]
546.12 VIEW OF PREMISES; PROCEDURE. In a civil case when the court deems it proper that the jury should view real property which is the subject of litigation, or the place where a material fact occurred, it may order them to be taken, in a body and in the custody of proper officers, to the […]
546.13 SICKNESS OF JUROR; FOOD AND LODGING. If a juror becomes sick or otherwise unable to perform duty, the court may discharge the juror. In that case, unless the parties consent to accept the verdict of the remaining jurors, another may be sworn in place of the discharged juror and the trial begun anew, or […]
546.15 JURORS MAY TAKE CERTAIN PAPERS. On retiring for deliberation, the jury may take with them all papers received in evidence except depositions; but the court may direct that copies be made for their use of such records and documents as ought not, in its judgment, to be taken from those entitled to their possession. […]
546.16 VERDICT, WHEN RECEIVED; CORRECTING SAME; POLLING JURY. While the jury are absent the court may adjourn from time to time, in respect to other business, but it shall be considered open, for all purposes connected with the cause submitted, until a verdict is rendered or the jury discharged. A final adjournment shall discharge the […]
546.17 VERDICT BY FIVE-SIXTHS OF JURY. In any civil action or proceeding in any court of record the jury therein may return a verdict, after six hours of deliberation, upon an agreement by five-sixths of its number. The jury’s deliberation commences when the officer in charge of the jury is sworn. The court administrator records […]
546.18 VERDICT; HOW SIGNED. Where the verdict is agreed to by the full membership of the jury the foreperson only shall sign the verdict, when less than the full number agree on the verdict the same shall be signed by all the jurors who concur therein, and the court administrator shall enter on the minutes […]
546.19 VERDICT, GENERAL AND SPECIAL. A general verdict is one by which the jury find generally upon all the issues in favor of the plaintiff or defendant. A special verdict is one by which they find the facts only, and it shall so present the conclusions of fact as established by the evidence that nothing […]
546.22 JURY TO ASSESS RECOVERY. When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant when a counterclaim for the recovery of money is established beyond the amount of the plaintiff’s claim as established, the jury shall assess the amount of the recovery. History: (9306) […]
546.23 VERDICT IN REPLEVIN. In an action for the recovery of specific personal property, if the property has not been delivered to the claimant and the jury find that the claimant is entitled to its recovery, or if the property is not in the possession of the respondent, and by answer the respondent claims a […]
546.24 RECEIVING VERDICT. When the verdict is given, and is such as the court may receive, the court administrator shall immediately file said verdict in open court, and read it to the jury, and inquire of them whether it is their verdict. If any juror disagrees, the fact shall be entered in the minutes, and […]
546.25 ENTRIES ON RECEIVING VERDICT; RESERVING CASE. Upon receiving the verdict an entry shall be made in the minutes, specifying the time and place of trial, the names of the jurors and witnesses, the verdict, and any order of the court made in reference to the case. The court may reserve the case for argument […]
546.27 DECISION BY THE COURT. Subdivision 1. Written decisions required. (a) When an issue of fact has been tried by the court, the decision shall be in writing, the facts found and the conclusion of law shall be separately stated, and judgment shall be entered accordingly. Except as provided in paragraph (b), all questions of […]
546.28 ASSESSMENT OF DAMAGES WITHOUT ANSWER. A defendant, without answering, may appear in the action and demand in writing an assessment of the amount which the plaintiff is entitled to recover; and thereupon the court, upon application of either party, shall direct the manner of such assessment. When the amount is thus ascertained, the court […]
546.31 TRIAL UNFINISHED AT END OF TERM. When the trial of any action or proceeding, or of an indictment, is not concluded at the expiration of the term in which it was begun, it may be concluded; and all proceedings may be had in the case in the same manner and with like effect as […]
546.32 TRIAL IN VACATION BY CONSENT. With consent of parties the court may try and decide issues of law or fact in vacation, and thereupon judgment may be rendered at any time with the same effect as upon issues tried in term time. History: (9315) RL s 4189
546.33 TRIAL BY REFEREES; FEES PAID BY THE COUNTY. When, in a trial by referee the court shall state in the order of appointment that the reference is made necessary by press of business, the fees of the referee, as taxed and allowed by the court, shall be paid out of the county treasury, as […]
