HF 1638

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the courts; authorizing courts to accept 
  1.3             affidavits in lieu of a hearing on a name change 
  1.4             application; amending Minnesota Statutes 2000, section 
  1.5             259.10, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 259.10, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [PROCEDURE.] A person who shall have 
  1.10  resided in this state for six months may apply to the district 
  1.11  court in the county where the person resides to change the 
  1.12  person's name, the names of minor children, if any, and the name 
  1.13  of a spouse, if the spouse joins in the application, in the 
  1.14  manner herein specified.  The person shall state in the 
  1.15  application the name and age of the spouse and each of the 
  1.16  children, if any, and shall describe all lands in the state in 
  1.17  or upon which the person, the children and the spouse if their 
  1.18  names are also to be changed by the application, claim any 
  1.19  interest or lien, and.  The applicant shall either appear 
  1.20  personally before the court and with at least two witnesses to 
  1.21  prove the applicant's identity by or the applicant, at the 
  1.22  court's discretion, shall submit to the court an affidavit of 
  1.23  the applicant and the affidavits of at least two 
  1.24  witnesses proving the identity of the applicant.  If the person 
  1.25  be a minor, the application shall be made by the person's 
  2.1   guardian or next of kin.  The court shall accept the certificate 
  2.2   of dissolution prepared pursuant to section 518.148 as 
  2.3   conclusive evidence of the facts recited in the certificate and 
  2.4   may not require the person to provide the court a copy of the 
  2.5   judgment and decree of dissolution.  Every person who, with 
  2.6   intent to defraud, shall make a false statement in any such 
  2.7   application shall be guilty of a misdemeanor provided, however, 
  2.8   that no minor child's name may be changed without both parents 
  2.9   having notice of the pending of the application for change of 
  2.10  name, whenever practicable, as determined by the court.