Minnesota Statutes

Minn. Stat. § 3.05 (2026)

Organization

✓ current as of May 2026

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At noon of the day appointed for convening the legislature, the members shall meet in their respective chambers. The lieutenant governor shall call the senate to order and the secretary of state, the house of representatives. In the absence of either officer, the oldest member present shall act in the officer's place. The person so acting shall appoint, from the members present, a clerk pro tem, who shall call the legislative districts in the order of their numbers. As each is called, the persons claiming to be members from each shall present their certificates to be filed. All whose certificates are so presented shall then stand and be sworn.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1964–2025 · leading case: Elsenpeter v. St. Michael Mall, Inc., 794 N.W.2d 667 (Minn. Ct. App. 2011).

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Elsenpeter v. St. Michael Mall, Inc., 794 N.W.2d 667 (Minn. Ct. App. 2011). · cites it 6× “” Noting that “Lease Section 3.05 mandates that the losing party be responsible for the attorneys fees and costs and cost of arbitration,” the arbitrator said, “[Elsenpeter] is the losing party in this proceeding.”

Dykhoff v. Xcel Energy, 840 N.W.2d 821 (Minn. 2013). · cites it 3× “Larson, Larson’s Workers' Compensation Law § 3.05 (2002)). As illustrated by these cases, under the positional risk test, an employee’s injuries may arise out of her employment simply because she was engaged in work at the time of her fall.”

Surgidev Corp. v. Eye Tech., Inc., 648 F. Supp. 661 (D. Minnesota 1986). · cites it 2× “” 1 Milgrim § 3.05[1] at 3-116. 21 . The reasonableness of a restriction is often tested by resort to three questions: (1) "is [the restriction] no greater than necessary to protect the employer in some legitimate business interest; (2) is it not unduly harsh and oppressive in…”

Lockwood Motors, Inc. v. Gen. Motors Corp., 162 F.R.D. 569 (D. Minnesota 1995). “Newberg, Class Actions § 3.05 at 3-25; see also 3B Moore’s Federal Practice ¶ 23.”

Town of Burnsville v. City of Bloomington, 128 N.W.2d 97 (Minn. 1964). · cites it 3× “” § 3.05. “A statement of the purpose and effect of every ordinance, except an emergency ordinance, stating the time and place at which it will be considered, shall be published once in the official newspaper at least one week prior to its introduction and final passage.”

Kiefer v. Ceridian Corp., 976 F. Supp. 829 (D. Minnesota 1997). “2, C00141 (1989 Plan § 3.05).) 20 . The Eighth Circuit has not addressed the issue of the applicability of the doctrine of the scrivener’s error in ERISA cases.”

Glen Lewy 1990 Trust v. Inv. Advisors, Inc., 650 N.W.2d 445 (Minn. Ct. App. 2002). “Newberg & Alba Conte, New-berg on Class Actions § 3.05 (3d ed.1992)). The trustees established that as of June 30, 2000, the fund had 2,300 shareholders, 1,000 of which were tax-paying rather than tax-deferred entities.”

Kubis v. Cmty. Mem'l Hosp. Ass'n, 897 N.W.2d 254 (Minn. 2017). “*267 Larson, Larson’s Workers’ Compensation Law § 3.05 (Matthew Bender Rev. Ed. 2016). A majority of states confronted with the issue have adopted the positional-risk test.”

Op. Atty. Gen 280k (Minn. Att'y Gen. 2017). · cites it 4× “V §§ 3, 5 (2017); Minn. Stat. §§ 3.05 , 4.04, subd. 2, 9.011, 15B.”

A22-1770 In the Matter of the Trust established under the Pooling & Servicing Agreement relating to the Wachovia Bank ... (Minn. Ct. App. 2024). · cites it 4× “” The Available Distribution Amount is defined to exclude amounts reimbursable pursuant to section 3.05. Section 3.05 permits the master servicer to make withdrawals from the certificate account to “pay itself, the [s]pecial [s]ervicer, the [d]epositor, or any of their…”

Steve Simon, Minnesota Sec'y of State, Petitioner, vs. Lisa Demuth, Respondent (A25-0066). Melissa Hortman, et al., ... (Minn. 2025). · cites it 4× “Minn. Stat. §§ 3.05 , 5.05 (2024). 4 We have previously concluded— with respect to the Lieutenant Governor’s similar responsibilities in the Senate under Minn.”

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— Minn. Stat. § 3.05(2)(a) — 1 case

State of Minnesota v. Julian Daniel Valdez (Minn. Ct. App. 2023).

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