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.
Notes of Decisions
OT Indus., Inc. v. OT-tehdas Oy Santasalo-Sohlberg AB, 346 N.W.2d 162 (Minn. Ct. App. 1984).
· cites it 2× “Choice of Forum On September 28, 1983, OT-tehdas filed a demand for removal pursuant to Minn.Stat. § 542.10 (1982). In its accompanying memorandum, OT-tehdas argued that OTI’s alleged causes of action did not, in any sub *168 stantial way, arise in Ramsey County.”
Dworsky v. Herbst, 95 N.W.2d 19 (Minn. 1959).
· cites it 7× “The question presented here is: What are the rights of a defendant named in a summons and complaint but not yet served with summons to join with a defendant who has been served in a demand for a change of venue under § 542.10? The applicable statutes are § 542.”
LaBere v. Palmer, 44 N.W.2d 827 (Minn. 1950).
· cites it 4× “095 and not by § 542.10. Upon an alternative writ of mandamus commanding the Carlton county district court to show cause why it should not retain the action for trial, the matter comes before this court for review.”
McQuay, Inc. v. Samuel Schlosberg, Inc., 321 F. Supp. 902 (D. Minnesota 1971).
· cites it 2× “Minn.Stat. § 542.10. The rationale behind this long time statutory precedent is that a defendant ought to be entitled to defend himself among people and in a community where he resides and is known, his witnesses generally will reside in or near the place of his residence, his…”
Anderson v. Farmers Mut. Auto. Ins., 106 N.W.2d 369 (Minn. 1960).
· cites it 22× “Defendants assert that they are entitled to a change of venue as a matter of right pursuant to § 542.10 which reads as follows: " 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…”
Agric. Ins. v. Midwest Technical Dev. Corp., 130 N.W.2d 497 (Minn. 1964).
· cites it 5× “§ 542.10) for any purpose in this action and venue could not be changed in the absence of a determination by the Ramsey County District Court that no part of plaintiffs’ cause of action arose in Ramsey County; “(2) The Clerk of District Court of Ramsey County, was neither…”
Castle v. Vill. of Baudette, 125 N.W.2d 416 (Minn. 1963).
· cites it 2× “11 reads as follows: “The venue of any civil action may be changed by order of the court in the following cases: “(1) Upon written consent of the parties; “(2) When it is made to appear on motion that any party has been made a defendant for the purpose of preventing a change of…”
Donovan v. Dixon, 99 N.W.2d 783 (Minn. 1959).
· cites it 9× “Defendants assert they are entitled to a change of venue as a matter of right pursuant to § 542.10, which reads in part: “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…”
Rouse Mech., Inc. v. Dahl, 489 N.W.2d 272 (Minn. Ct. App. 1992).
· cites it 2× “” Minn.Stat. § 542.10 (1990). A mechanics’ lien ceases 120 days after work ends, unless a claimant files a lien statement with the county recorder where the real estate is located and serves, personally or by certified mail, a copy of the lien statement upon the owner.”
Misgen v. Herda, 108 N.W.2d 624 (Minn. 1961).
· cites it 6× “1957, § 542.10. It is the contention of plaintiff that a part of the cause of action arose in Waseca County and, therefore, that defendants do not have a right to a change of venue as a matter of right since the amendment of Minn.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.