Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 317-S.F.No. 1600 
           An act relating to courts; reducing the statutory time 
          of residency required for a change of name; altering 
          the responsibility for the procedure to be followed 
          when filing a change of name with the county recorder; 
          eliminating the limits on the amount of bond to be 
          posted by the clerk of court; prohibiting employees of 
          the clerk's office from practicing law in the court in 
          which they are employed; amending Minnesota Statutes 
          1984, sections 259.10; and 259.11; and Minnesota 
          Statutes 1985 Supplement, section 485.01. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 259.10, is 
amended to read: 
    259.10 [PROCEDURE.] 
    A person who shall have resided in any county this state 
for one year six months may apply to the district court 
thereof in the county where the person resides to have his name, 
the names of his minor children, if any, and the name of his 
spouse, if the spouse joins in the application, changed in the 
manner herein specified.  He shall state in his application the 
name and age of his spouse and each of his children, if any, and 
shall describe all lands in the state in or upon which he, his 
children and his 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 his identity by at least 
two witnesses.  If he be a minor, the application shall be made 
by his guardian or next of kin.  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 of his parents 
having notice of the pending of the application for change of 
name, whenever practicable, as determined by the court. 
    Sec. 2.  Minnesota Statutes 1984, section 259.11, is 
amended to read: 
    259.11 [ORDER; FILING COPIES.] 
    Upon meeting the requirements of section 259.10, the court 
shall grant the application unless it finds that there is an 
intent to defraud or mislead or in the case of the change of a 
minor child's name, the court finds that such name change is not 
in the best interests of the child.  The court shall set forth 
in the order the name and age of his spouse and each child of 
the applicant, if any, and shall state a description of the 
lands, if any, in which the applicant and his spouse and 
children, if any, claim to have an interest.  The clerk shall 
file such order, and record the same in the judgment book.  If 
lands be described therein, a certified copy of the order shall 
be filed for record, by the clerk applicant, with the county 
recorder of each county wherein any of the same are situated.  
Before doing so he shall present the same to the county auditor 
who shall enter the change of name in his official records and 
note upon the instrument, over his official signature, the words 
"change of name recorded."  Any such order shall not be filed, 
nor any certified copy thereof be issued, until the applicant 
shall have paid to the county recorder and clerk the cost of 
such record.  The fee of the clerk shall be as provided by 
law fee required by law.  No application shall be denied on the 
basis of the marital status of the applicant. 
    Sec. 3.  Minnesota Statutes 1985 Supplement, section 
485.01, is amended to read: 
    485.01 [APPOINTMENT; BOND; DUTIES.] 
    A clerk of the district court for each county within the 
judicial district, who shall be known as the court 
administrator, shall be appointed by a majority of the district 
court judges in the district, after consultation with the county 
court judges of the county court district affected.  The clerk, 
before entering upon the duties of his office, shall give bond 
to the state, to be approved by the chief judge of the judicial 
district, in a penal sum of not less than $1,000 nor more than 
$10,000 conditioned for the faithful discharge of his official 
duties.  The bond, with his oath of office, shall be filed for 
record with the county recorder.  The clerk shall perform all 
duties assigned him by law and by the rules of the court.  He 
shall and all deputy clerks must not practice as an attorney 
attorneys in the court of in which he is the clerk they are 
employed. 
    The duties, functions, and responsibilities which have been 
and may be required by statute or law or rule to be performed by 
the clerk of district or county court shall be performed by the 
court administrator. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Approved March 11, 1986