Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 93--H.F.No. 406
           An act relating to civil actions; allowing prevailing 
          parties to recover disbursements for process served by 
          private process servers; amending Minnesota Statutes 
          1982, sections 549.04; and 580.17. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 549.04, is 
amended to read: 
    549.04 [DISBURSEMENTS; TAXATION AND ALLOWANCE.] 
    In every action in a district court, the prevailing party, 
including any public employee who prevails in an action for 
wrongfully denied or withheld employment benefits or rights, 
shall be allowed his reasonable disbursements necessarily paid 
or incurred, including fees and mileage paid for service of 
process by the sheriff or by a private person.  In actions for 
the recovery of money only, of which a municipal court has 
jurisdiction, the plaintiff, if he recover no more than $50, 
shall not recover any disbursements.  
    Sec. 2.  Minnesota Statutes 1982, section 580.17, is 
amended to read: 
    580.17 [AFFIDAVIT OF COSTS.] 
    Within ten days after the filing for record of the 
certificate of sale, the party foreclosing, or his attorney, 
shall make and file for record with the county recorder an 
affidavit containing a detailed bill of the costs and 
disbursements of the foreclosure, including attorney's fees, and 
setting forth that the same have been absolutely and 
unconditionally paid or incurred.  Costs and disbursements shall 
be allowed as provided in section 549.04.  
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment and 
applies to disbursements paid or incurred on or after that date. 
    Approved May 9, 1983