HF 996

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to courts; eliminating the requirement of personal appearance in an
application for a name change made by an adult; amending Minnesota Statutes
2008, section 259.10, subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 259.10, subdivision 1, is amended to read:

Subdivision 1.

Procedure.

A person who shall have resided in this state for six
months may apply to the district court in the county where the person resides to change
the person's name, the names of minor children, if any, and the name of a spouse, if the
spouse joins in the application, in the manner herein specified. The person shall state in
the application the name and age of the spouse and each of the children, if any, and shall
describe all lands in the state in or upon which the person, the children and the spouse if
their names are also to be changed by the application, claim any interest or lien, and shall
appear personally before the court and prove identity by at least two witnesses new text begin , except
as provided in subdivision 3 new text end . If the person be a minor, the application shall be made by
the person's guardian or next of kin. The court shall accept the certificate of dissolution
prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the
certificate and may not require the person to provide the court a copy of the judgment
and decree of dissolution. Every person who, with intent to defraud, shall make a false
statement in any such application shall be guilty of a misdemeanor provided, however, that
no minor child's name may be changed without both parents having notice of the pending
of the application for change of name, whenever practicable, as determined by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 259.10, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Affidavit in lieu of personal appearance. new text end

new text begin Except when applying on
behalf of a minor or when the provisions of section 259.13 apply, a person who makes an
application under subdivision 1 may submit the following information in lieu of personal
appearances by the applicant and witnesses:
new text end

new text begin (1) a signed, dated, and notarized affidavit executed under oath by the applicant
setting forth the information required under subdivision 1 and stating that the person is
making the application in good faith and not with the intent to mislead or defraud; and
new text end

new text begin (2) a signed, dated, and notarized affidavit executed under oath by each witness that
confirms the identity of the person named in the application.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end