Minn. Stat. » CHAPTER 555. UNIFORM DECLARATORY JUDGMENTS ACT
Minnesota Statutes

Minn. Stat. § 555.09 (2026)

Issues Of Fact May Be Tried

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending; provided, that any issue of fact for which a jury trial is not required may be brought on for trial at any special term of the court in like manner as an issue of law unless there is a general term of the court at which such issue of fact may be tried as soon as at such special term.

Notes of Decisions
Cited in 5 cases, 1949–2008 · leading case: Dokmo v. Indep. Sch. Dist. No. 11, 459 N.W.2d 671 (Minn. 1990).
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Dokmo v. Indep. Sch. Dist. No. 11, 459 N.W.2d 671 (Minn. 1990). · cites it 4× “Minn.Stat. § 555.09 (1988). This was the very procedure rejected as early as Ging: There are, however, some constitutional difficulties in granting to courts a trial de novo, for, as we shall point out later, the door has been closed to complete judicial review on questions of…”
Hoeft v. Hennepin Cnty., 754 N.W.2d 717 (Minn. Ct. App. 2008). · cites it 2× “Minn.Stat. § 555.09 (2006). Thus, a disputed fact in a declaratory-judgment action is established upon proof by a preponderance of the evidence.”
Neighborhood Sch. Coalition v. Indep. Sch. Dist. No. 279, 484 N.W.2d 440 (Minn. Ct. App. 1992). · cites it 2× “See Minn.Stat. § 555.09 (1990). By contrast, certiorari limits the judiciary’s role in reviewing actions of administrative bodies through application of the substantial evidence standard of review.”
Ditzler v. Spee, 180 N.W.2d 178 (Minn. 1970). “Under § 555.09, fact questions may be resolved in the same manner as in other civil actions.”
Stark v. Rodriquez, 37 N.W.2d 812 (Minn. 1949). “” Under § 555.09, issues of fact may he tried in such a proceeding, the statute reading: “When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in…”
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