NOTICE OF MOTION

TO:     

            PLEASE TAKE NOTICE that at a.m./p.m. on , the □ Plaintiff(s) □ Defendant(s) will bring the following motion for civil contempt and related claims on for hearing before the Honorable , Referee or Judge of District Court, at the following location: .

MOTION

                                                                              , being duly sworn, moves the Court as follows:

            1.         Since , the moving party (hereinafter “tenant”) has been a residential tenant at ("the premises") under □ a written □ an oral rental agreement with , (hereinafter “landlord”) providing for rental of $ per month.

            2.         The landlord’s address is .

            3.         The court has jurisdiction over the subject matter of this action: .

            4.         The court has personal jurisdiction over the landlord: .

            5.         On , a hearing was held before the Honorable . The court ordered the landlord to take the following action: .

            6.         The landlord has not taken the following action ordered by the court: .

            7.         [Optional] The landlord has acted in bad faith: .

            8.         Conditional confinement or imprisonment of the landlord will aid in enforcement of and compliance with the court’s order: .

            9.         The tenant has grounds for holding the landlord in contempt under Minn. Stat. Ch. 588, and Hopp v. Hopp, 278 Minn. 170, 156 N.W.2d 212 (1968) and Cox v. Slama, 355 N.W.2d 401 (Minn. 1984).

The Tenant Requests an Order as Follows:

            1.         Finding under Hopp v. Hopp, as follows:

                        a.         The court has jurisdiction over the subject matter and the landlord.

                        b.         The landlord was given a clear definition of the acts to be performed.

                        c.         The landlord received notice of the acts to be performed and time to comply.

                        d.         The tenant has sought enforcement with specific grounds.

                        e.         The landlord was given an opportunity to show compliance or reasons for failure.

                        f.         The landlord failed to comply.

                        g.         The landlord committed constructive contempt under Minn. Stat. § 588.01.

                        h.         The landlord failed to show inability to perform despite good faith efforts.

                        i.         Conditional confinement or imprisonment will aid enforcement and compliance.

            2.         Ordering under Hopp v. Hopp, as follows:

                        a.         The landlord be arrested if the landlord fails to appear at the hearing scheduled for this motion.

                        b.         The landlord be conditionally confined or imprisoned until the landlord complies.

                        c.         In the alternative, stay confinement or imprisonment for the landlord comply within ____ days.

                        d.         Award to the tenant and tenant’s counsel costs and expenses and reasonable attorney fees. Minn. Stat. § 588.11.

            3.         Other: .

            4.         Granting the tenant such other and further relief as may be just and equitable in the circumstances.

            10.       Under Minn. R. Civ. P. 11, I certify that, to the best of my knowledge:

                        a.         this document is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

                        b.         the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

                        c.         the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;

                        d.         the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief; and

                        e.         this document does not include any restricted identifiers and that all restricted identifiers have been submitted in a confidential manner as required by Minn. R. Gen. Prac. 11.

I know that I may be fined or sanctioned by the court if this certification is false.

            11.       Under Minn. Stat. § 358.116, I declare under penalty of perjury that everything I have stated in this document is true and correct.