2002 Minnesota Statutes

     542.10 Change of venue as of right; demand.  

    If the county designated in the complaint is not the proper 
 county, the action may notwithstanding be tried therein unless, 
 within 20 days after the summons is served, the defendant 
 demands in writing that it be tried in the proper county.  This 
 demand shall be accompanied by the affidavit of the defendant, 
 or defendant's agent or attorney, setting forth the county of 
 residence at the time of the commencement of the action, the 
 date of service of the summons, and stating that neither the 
 cause of action nor any part thereof arose in the county 
 designated in the complaint.  This demand and affidavit, with 
 proof of service thereof upon the plaintiff's attorney, shall be 
 filed with the court administrator in the county where the 
 action was begun within 30 days from the date of its service and 
 thereupon, unless the county where the action was begun is a 
 county in which the cause of action or some part thereof arose, 
 the place of trial shall be changed to the county where the 
 defendant resides without any other proceedings.  If the county 
 designated in the complaint is not the county in which the cause 
 of action or some part thereof arose and if there are several 
 defendants residing in different counties, the trial shall be 
 had in the county upon which a majority of them unite in 
 demanding or, if the numbers be equal, in that whose county seat 
 is nearest.  When the place of trial is changed all other 
 proceedings shall be had in the county to which the change is 
 made, unless otherwise provided by consent of parties filed with 
 the court administrator or by order of the court and the papers 
 shall be transferred and filed accordingly.  When a demand for a 
 change of the place of trial is made as herein provided the 
 action shall not for any of the reasons specified in section 
 542.11 be retained for trial in the county where begun, but can 
 be tried therein only upon removal thereto from the proper 
 county in the cases provided by law.  

    A party who has paid the filing fee of the county where the 
 action originated shall not be required to pay the filing fee of 
 the county to which the action is transferred.  The transferor 
 county may retain any filing fees received prior to the change 
 of county, but shall in writing advise the county to which the 
 action is transferred of any and all such filing fees paid to 
 the transferor county.  

    HIST: (9215) RL s 4096; 1961 c 13 s 1; 1965 c 686 s 1; 1969 c 
 70 s 1; 1975 c 123 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82