1997 Minnesota Statutes

     549.17 Additional costs on change of venue; amount; 
  payment or waiver of; taxation.  

    When service of summons is made upon a defendant within a 
 county of which the defendant is an actual resident at the time 
 of such service, and the place of trial of such action is 
 thereafter changed to such county in the manner provided by 
 section 542.10, or when service of summons is made upon a 
 defendant in a county of which the defendant is not a resident, 
 and the place of such trial is in like manner changed to a 
 county of which the defendant has been an actual resident for 
 more than one year immediately preceding such service, which 
 fact shall be set forth in defendant's affidavit for change of 
 venue, the plaintiff shall forthwith in either case, pay to each 
 defendant demanding such change of venue the sum of $10 as 
 additional costs.  

    No judgment shall be entered by plaintiff in any cause, the 
 venue of which has been changed as aforesaid, until the 
 plaintiff shall have filed with the court administrator a 
 receipt for, or a waiver of, such sum by all of the defendants 
 who demanded such change of venue, or their respective attorneys.
 Such sums if not paid by plaintiff, or waived by defendant, may 
 be taxed against plaintiff by defendant as other costs if 
 defendant prevails, or deducted from plaintiff's judgment, if 
 plaintiff prevails.  The provisions of this section shall not 
 apply to causes where there are several defendants residing in 
 different counties, or an even number of defendants, and the 
 place or trial is determined by joinder of demands or nearness 
 to the county seat and not by actual residence of the defendants 
 as of right.  

    HIST: (9487-1) 1925 c 242 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 
 82