Minn. Stat. » CHAPTER 549. COSTS, DISBURSEMENTS
Minnesota Statutes

Minn. Stat. § 549.04 (2026)

Disbursements; Taxation And Allowance

✓ current as of May 2026
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Subdivision 1.Generally.

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 reasonable disbursements paid or incurred, including fees and mileage paid for service of process by the sheriff or by a private person.

Subd. 2.Limitation.

Notwithstanding subdivision 1, where the state agency is named or intervenes as a party to enforce the agency's rights under section 256B.056, the agency shall not be liable for disbursements to any prevailing defendant.

Notes of Decisions
Cited in 79 cases (1 in the last 5 years), 1954–2021 · leading case: Dukowitz v. Hannon Sec. Servs., 841 N.W.2d 147 (Minn. 2014).
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Dukowitz v. Hannon Sec. Servs., 841 N.W.2d 147 (Minn. 2014). · cites it 15× “Because we conclude that the public-policy exception to the employment-at-will rule does not apply in this case and that Minn.Stat. § 549.04, subd. 1 (2012), does not permit a court to consider a non-prevailing party’s indigent status, we affirm.”
Staffing Specifix, Inc. v. TempWorks Mgmt. Servs., Inc., 896 N.W.2d 115 (Minn. Ct. App. 2017). · cites it 6× “Minn. Stat. § 549.04 , subd. 1 (2016), provides that “[i]n every action in a district court, the prevailing party .”
Lienhard v. State, 431 N.W.2d 861 (Minn. 1988). · cites it 7× “Minn.Stat. § 549.04 (1986). In short, costs and disbursements are not part of the claim for compensation for personal injury; they are reimbursement of the expense of litigating the claim.”
Kusniryk v. Arrowhead Reg'l Corr. Bd., 413 N.W.2d 182 (Minn. Ct. App. 1987). · cites it 12× “04 and Minn. Stat. § 549.04 . NERCC and ARCB did not file a notice for taxation of costs, but hand-delivered a letter to the trial court requesting costs and disbursements as a prevailing party under Minn.”
Gopher Oil Co., Inc. v. Union Oil Co. of California, 757 F. Supp. 998 (D. Minnesota 1991). · cites it 8× “1982) (trial court has discretion to determine whether deposition costs were “necessary” under Minn.Stat. § 549.04); Peterson v. City of Elk River, 312 N.”
650 North Main Ass'n v. Frauenshuh, Inc. (Territorial Springs Riverview, LLC, Frauenshuh Sweeney, LLC), Kraus-Anderson Constr. Co., Doe Affiliates 1-20, & Kraus-Anderson Constr. Co., & Third Party v. Berwald Roofing Co., Inc., Third Party, 885 N.W.2d 478 (Minn. Ct. App. 2016). · cites it 6× “Minn.Stat. § 549.04 states that the prevailing party in a district court action “shall be allowed reasonable disbursements paid or incurred.”
Green-Glo Turf Farms, Inc. v. State, 347 N.W.2d 491 (Minn. 1984). · cites it 4× “Green-Glo contends that, because all of the parties were available for trial, the depositions were not "necessary" disbursements under Minn.Stat. § 549.04 (1982). It is within a trial court's discretion to allow costs of depositions as disbursements.”
Striebel v. Minnesota State High Sch. League, 321 N.W.2d 400 (Minn. 1982). · cites it 4× “As no Minnesota case dealing with deposition costs appears to be on point, the trial court was free to determine whether the deposition costs were "necessary" items under Minn.Stat. § 549.04 (1980). The award of costs of the copies of the discovery depositions being within the…”
Jonsson v. Ames Constr., Inc., 409 N.W.2d 560 (Minn. Ct. App. 1987). · cites it 6× “Alice Jonsson seeks the costs of videotaping and transcribing the tapes under Minn.Stat. § 549.04 (1986). Prior to 1983, the statute required that such costs be necessarily paid or incurred.”
Larson v. Hill's Heating & Refrigeration of Bemidji, Inc., 400 N.W.2d 777 (Minn. Ct. App. 1987). · cites it 4× “Minn.Stat. § 549.04 (1984) provides that the prevailing party in an action in district court “shall be allowed reasonable disbursements paid or incurred.”
Benigni v. Cnty. of St. Louis, 585 N.W.2d 51 (Minn. 1998). · cites it 2× “12 Under Minnesota Statute section 549.04, a prevailing party “shall be allowed” reasonable costs in a district court action, including cases heard in tax court.”
Todalen v. United States Chem. Co., 424 N.W.2d 73 (Minn. Ct. App. 1988). · cites it 4× “Minn.Stat. § 549.04 allows a prevailing party to recover certain expenditures in a district court action.”
Show all 79 citing cases →
— Minn. Stat. § 549.04(1996) — 1 case
State v. Lopez-Solis, 589 N.W.2d 290 (Minn. 1999).
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