Minnesota Legislature
HF 4457
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 02:57pm
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A bill for an act
relating to civil law; allowing the clients of civil legal services and volunteer
attorneys to proceed in forma pauperis; amending Minnesota Statutes 2022, section
563.01, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 563.01, subdivision 3, is amended to read:
Subd. 3.
Authorization of in forma pauperis.
(a) Any court of the state of Minnesota
or any political subdivision thereof may authorize the commencement or defense of any
civil action, or appeal therein, without prepayment of fees, costs and security for costs by
a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to pay
the fees, costs and security for costs.
(b) Upon a finding by the court that the action is not of a frivolous nature, the court shall
allow the person to proceed in forma pauperis if the affidavit is substantially in the language
required by this subdivision and is not found by the court to be untrue. Persons meeting the
requirements of this subdivision include, but are not limited to, a person who is receiving
public assistance described in section 550.37, subdivision 14, deleted text begin who is represented bydeleted text end new text begin or who
has an annual income not greater than 125 percent of the poverty line established under
United States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.
new text end
new text begin (c) Notwithstanding paragraph (b),new text end an attorney new text begin representing a client new text end on behalf of a civil
legal services program or a volunteer attorney program based on indigencydeleted text begin , or who has an
annual income not greater than 125 percent of the poverty line established under United
States Code, title 42, section 9902(2), except as otherwise provided by section 563.02deleted text end new text begin may
submit an affidavit as provided under paragraph (a) and be allowed to proceed in forma
pauperis without additional findingsnew text end .
deleted text begin (c)deleted text end new text begin (d)new text end If, at commencement of the action, the court finds that a party does not meet the
eligibility criteria under paragraph (b), but the court also finds that the party is not able to
pay all of the fees, costs, and security for costs, the court may order payment of a fee of $75
or partial payment of the fees, costs, and security for costs, to be paid as directed by the
court.
The court administrator shall transmit any fees or payments to the commissioner of
management and budget for deposit in the state treasury and credit to the general fund.