RULE 60.02 AND
EVICTION JUDGMENTS
MOTIONS TO VACATE AND RE-OPEN
ISSUES AND TOPICS
IN THIS PRESENTATION
• An introduction to Rule 60
• Proper circumstances for a Rule 60.02 motion in an
eviction action
• Legal standards for relief from a judgment
• Void judgments
• Finden analysis in cases of mistake or excusable neglect
• Residual catch-all provision
•
•
•
•
Procedure for requesting relief from a judgment
Factors affecting the outcome of a Rule 60.02 motion
Aftermath of a Rule 60.02 proceeding
Miscellaneous considerations
AN INTRODUCTION TO RULE 60
• Rule 60 of the Rules of Civil Procedure
• Generally covers requests for relief from the effect of a
judgment or order
• Minn. R. Civ. P. 60.01
• Provides for the correction of “clerical mistakes” in the
record and errors therein “arising from oversight or omission”
AN INTRODUCTION TO RULE 60
• Minn. R. Civ. P. 60.02
• Provides relief from a final judgment or order in six sets of
circumstances, including the following:
• 60.02(a) – “Mistake, inadvertence, surprise, or excusable neglect”
• 60.02(d) – “The judgment is void”
• 60.02(f) – “Any other reason justifying relief from the operation of the
judgment”
• Motion must be brought within a reasonable time and within
one year if brought under Minn. R. Civ. P. 60.02(a)-(c)
• Motion does not affect finality of a judgment or suspend its
operation
HOW DOES A RULE 60.02
MOTION PRESENT ITSELF?
• “Motion to Quash a Writ”
• General circumstances present in most Rule 60.02
motions:
• Court has entered judgment
• Court has issued writ of recovery of the premises
• No factual or legal issue in the record for district court or
appellate review, i.e., no error in entry of judgment and/or
issuance of writ of recovery
• NOTE: If there is a legal error that led to the judgment, then a
defendant should appeal or seek a district court judge review.
• Some claim of error or relinquishment of rights by the plaintiff
before or after securing judgment in the eviction action
PROPER CIRCUMSTANCES FOR A RULE
60.02 MOTION IN AN EVICTION ACTION
• Default judgments
• Defective service of process and lack of personal jurisdiction
• Mistake or excusable neglect in failure to attend hearing
• Judgments obtained for non-compliance with deadline
in a court order or settlement agreement
• Compliance
• Substantial compliance
• Example: Landlord accepts $800 settlement payment made two
hours after a noon payment deadline in a settlement agreement.
• Post-judgment conduct inconsistent with enforcement of an
otherwise valid judgment
• Example: Landlord accepts December 2014 rent after securing
judgment and a writ of recovery in late November 2014.
LEGAL STANDARD FOR VOID
JUDGMENTS – MANDATORY RELIEF
• Minn. R. Civ. P. 60.02(d) and void judgments,
generally
• Personal jurisdiction
• Neither diligence nor a reasonable defense on the merits is
required – Pugsley v. Magerfleisch, 161 Minn. 246, 201 N.W. 323
(1924)
• No question of discretion in a Rule 60.02(d) motion – Hengel v.
Hyatt, 312 Minn. 317, 252 N.W.2d 105 (1977)
• Subject matter jurisdiction
• Fundamental due process consideration
LEGAL STANDARD FOR VOID
JUDGMENTS – MANDATORY RELIEF
• Void judgments in eviction actions
• If an eviction defendant can prove improper service and lack
of personal jurisdiction, a default judgment is void.
• If an eviction defendant can prove the creation of a new
tenancy for premises subject to an eviction judgment, after a
writ of recovery has issued, the judgment is void.
• Thompson v. Baxter, 107 Minn. 122, 119 N.W. 797 (1909)
• In such cases, the court must vacate the judgment
unconditionally.
• There is no additional analysis of the merits of any defense.
• The only rule-based restriction is that the moving party must
bring the motion within a reasonable time.
• Note: Rule 60.02(d) motions are not subject to the one-year rule.
LEGAL STANDARD FOR MISTAKE OR
EXCUSABLE NEGLECT – FINDEN FACTORS
• Finden v. Klaas, 268 Minn. 268, 128 N.W.2d 748 (1964)
• See also Johnson v. Nelson, 265 Minn. 71, 120 N.W.2d 333 (1963)
• Four-factor test from Finden:
•
•
•
•
Reasonable defense on the merits
Reasonable excuse for default or failure to act
Due diligence and promptness in seeking relief
No substantial prejudice to the opposing party
LEGAL STANDARD FOR MISTAKE OR
EXCUSABLE NEGLECT – FINDEN FACTORS
• Balancing of Finden factors
• A strong showing on three of the four factors may offset a weak
showing on one of the factors – Armstrong v. Heckman, 409 N.W.2d 27
(Minn. Ct. App. 1987)
• A strong showing on only two of the four factors cannot offset a weak
showing on the other two factors – Imperial Premium Finance, Inc. v.
GK Cab. Co., Inc., 603 N.W.2d 853 (Minn. Ct. App. 2000)
• Security for relief
• Court “empowered” under the rule to require the defendant “to
deposit security” for any judgment the plaintiff may obtain – Finden,
128 N.W.2d at 751
• Finden creep
• Merit analysis
• Security requirement
LEGAL STANDARD FOR CATCH-ALL
PROVISION FOR RULE 60.02 RELIEF
• Minn. R. Civ. P. 60.02(f)
• Residual, catch-all clause
• Broad discretion, fact-specific
• Relief may be granted from a final judgment or order for reason other
than those specifically enumerated in Rule 60.02, provided that the
reason justifies relief and the motion is made within a reasonable time.
• Newman v. Fjelstad, 271 Minn. 514, 137 N.W.2d 181 (1963) – no relief
from order approving settlement of claims seven years before
discovery of personal injury, when motion was brought 18 years after
the settlement and 11 years after discovery of the injury
• Parties can obtain relief under the residual clause of Rule 60.02 in
“exceptional circumstances,” only where the reason for vacating the
judgment does not fall under some other part of such rule.
• Kern v. Janson, 800 N.W.2d 126 (2011) – relief from otherwise preclusive
effect of Conciliation Court judgment for auto accident damages,
obtained before discovery of personal injury in case
PROCEDURE FOR RULE 60.02 MOTION
• Motion for Relief under Minn. R. Civ. P. 60.02
• Form available – see additional presentation materials and
http://povertylaw.homestead.com/ResidentialUnlawfulDeta
iner.html
• General procedure:
• Complete Motion form, using optional paragraphs as relevant.
• Reference and attach exhibits.
• Submit with Affidavit for Proceeding In Forma Pauperis.
• http://povertylaw.homestead.com/IFP.html
• E-filing is mandatory for attorneys.
• In Hennepin County, a referee reviews the Motion in chambers
and issues an Order granting or denying a hearing.
• If a hearing is set, the referee will likely set a deadline for service
of the Order and Motion
PROCEDURE FOR RULE 60.02 MOTION
• Issues to review in Rule 60.02 scheduling order
• Stay of enforcement of judgment and/or writ of recovery
• Conditions of stay or security pending hearing on motion
• There should be no conditions for a stay in a motion based on
void judgment theory.
• Requirements for service of order and motion
PROCEDURE FOR RULE 60.02 MOTION
• Best Practices for Motion Under Minn. R. Civ. P. 60.02
• Proceed by verified Motion.
• Give notice to the plaintiff, even if by telephone, before
filing the motion.
• Always plead specific facts to address all four of the Finden
factors.
• Cite to statute, rule, or case that is authoritative or
persuasive on any claimed jurisdictional defect or defense
on the merits.
• Include payment records, lease documents, inspection
reports, property information records, and any other
documentary evidence relevant to the issues in the motion.
FACTORS AFFECTING THE OUTCOME
OF A RULE 60.02 MOTION
• Primary factors favoring relief from eviction judgments
• A provable jurisdictional defect in the eviction case
• Provable conduct by the plaintiff inconsistent with enforcing
the judgment
• Provable excuse by the defendant justifying non-attendance
• Promptness of action after notice of judgment
• Examples of claims potentially supporting relief from judgment
•
•
•
•
•
Improper service of the Summons and Complaint
Filing of the action by the wrong plaintiff
Waiver of possession claim by post-judgment acceptance of rent
Oral modification of court-approved settlement agreement
Mootness of case (tenant moved out before action commenced)
FACTORS AFFECTING THE OUTCOME
OF A RULE 60.02 MOTION
• Primary factor weighing against relief from an eviction
judgment
• Lack of provable jurisdictional defect or defense on the merits
• Additional factors weighing against relief from an
eviction judgment:
• Public policy favoring the finality of judgments
• Failure of the defendant to act quickly
• In an eviction action, this means days or weeks, not months or years
• Procedural history
• Judgment against tenant for failure to meet court deadline
• Violation of settlement agreement by tenant
RULE 60.02 RELIEF
• Court may take a number of different actions
• Possible relief under Minn. R. Civ. P. 60.02:
•
•
•
•
•
•
Vacating of judgment
Undoing effects of judgment
Re-opening of record for hearing on merits
Dismissal of case in which court lacks jurisdiction
Conditioning of a future hearing on payment of security
Reinstatement of a prior settlement agreement between the
parties
• Additional reading
unreported cases:
on
Rule
60.02
motions
and
http://povertylaw.homestead.com/files/Reading/Residential_Evi
ction_Defense_in_Minnesota.htm#TOC1_247
MISCELLANEOUS ISSUES
AND CONSIDERATIONS
• Finality of judgment v. preference for hearing on the merits
• Should a tenant seek to vacate judgment before or as part of
a request for expungement?
• Requesting immediate dismissal and expungement in cases in
which tenant prevails on claim of defect in service of process
• Defect that leads to relief for tenant in case of improper service is a
solid basis to argue for dismissal and expungement
• New statute: Minn. Stat. § 504B.345
• Option to seek judge review if Motion is denied
• Good option if issue for review regards interpretation and/or
application of the law, as opposed to the court’s exercise of discretion
CONTACT INFORMATION
Drew P. Schaffer, Managing Attorney
Mid-Minnesota Legal Aid
430 First Avenue North, Suite 300
Minneapolis, MN 55401-1780
Electronic Mail: dpschaffer@mylegalaid.org
Telephone: 612.746.3644
Facsimile: 612.746.3644
Legal Aid Intake: 612.334.5970