STATE OF MINNESOTA

COUNTY OF HENNEPIN	DISTRICT COURT

FOURTH JUDICIAL DISTRICT

FIRST DIVISION: MINNEAPOLIS

CASE TYPE: UNLAWFUL DETAINER (EVICTION)

,

Plaintiff (Landlord),

v.

,

Defendant (Tenant).

NOTICE OF MOTION AND

ORDER FOR EXPUNGEMENT

OF EVICTION RECORD

UNDER MINN. STAT. § 484.014

LASM Form No. Exp-1HENN (April 2009)

Case No.

PLEASE TAKE NOTICE that at a.m./p.m. on , the Defendant will bring the following motion on for hearing at C-356, Hennepin County Government Center, 300 South 6th Street, Minneapolis, MN 55487-0713.

MOTION

1.	Defendant asks the Court for the immediate expungement of this eviction case court file.

2.	□	The Court may order expungement upon finding that "the plaintiff's case is sufficiently without basis in fact or law . . . that expungement is clearly in the interests of justice and those interests are not outweighed by the public's interest in knowing about the record." Minn. Stat. § 484.014, subd. 2.

a.	The Plaintiff's case is sufficiently without basis in fact or law: .

b.	Expungement is clearly in the interests of justice: .

c.	The interests of justice are not outweighed by the public's interest in knowing about the record: .

3	□	Expungement is mandatory for an eviction case commenced solely on the grounds provided in Minn. Stat. § 504B.285, subdivision 1, clause (1), if the court finds that the defendant occupied real property that was subject to contract for deed cancellation or mortgage foreclosure and (1) the time for contract cancellation or foreclosure redemption has expired and the defendant vacated the property prior to commencement of the eviction action; or (2) the defendant was a tenant during the contract cancellation or foreclosure redemption period and did not receive a notice under Minn. Stat. § 504B.285, subdivision 1, clause (1), to vacate on a date prior to commencement of the eviction case. Minn. Stat. § 484.014, subd. 3.

a.	□	I moved on _________________ before Plaintiff filed this case, or

b.	□	I am a tenant and did not receive a proper lease termination notice under Minn. Stat. § 504B.285.

4.	□	Under Minnesota common law, the court has inherent power to expunge court files. State v. C.A., 304 N.W.2d 353 (Minn. 1981); State v. T.M.B., 590 N.W.2d 809 (Minn. Ct. App. 1999) (courts may exercise their inherent authority to issue expungement orders affecting court records). The court should expunge this file because: .

4.	I certify that, to the best of my knowledge:

•	this document is not being filed for an improper reason, such as harassment or delay;

•	my claims are supported by the law; and

•	there is evidence for my claims and/or my denials.

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

Date

Signature
OPTIONAL VERIFICATION:

Subscribed and sworn to before me

on __________________________

Notary Public	Name: ______________________________

Address: ____________________________

City, State, Zip: _______________________

Telephone: __________________________

ORDER

1.	The party moving for expungement shall serve copies of the Notice of Motion and Motion on all parties to the case under Minnesota Rules of Civil Procedure 5 by no later than 10 days before the hearing.

4.	The party moving for expungement shall file affidavits of service with the District Court Administrator by 3:00 pm, three days prior to the hearing. Failure to file these documents in a timely manner may be cause to strike the hearing.

Date	Recommended By:

Housing Court Referee

Date

Judge of District Court