Minnesota Legislature
HF 4457
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 08:06am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/29/2024 | |
| 1st Engrossment | Posted on 03/14/2024 | |
| 2nd Engrossment | Posted on 03/25/2024 |
Current Version - 2nd Engrossment
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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 without prepayment of fees, costs, and security for costs;
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.
new text begin Court fee waiver; new text end authorization deleted text begin of in forma pauperisdeleted text end .
(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, costsnew text begin ,new text end and
security for costs by a natural person who makes affidavit stating deleted text begin (a)deleted text end new text begin (1)new text end the nature of the
action, defense or appeal, deleted text begin (b)deleted text end new text begin (2)new text end a belief that affiant is entitled to redress, and deleted text begin (c)deleted text end new text begin (3)new text end that
affiant is financially unable to pay the fees, costs and security for costs.
(b) Upon a finding by the court that the actionnew text begin , defense, or appealnew text end is not of a frivolous
nature, the court shall allow the person to proceed deleted text begin in forma pauperisdeleted text end new text begin without payment of
fees, costs, and security for costsnew text end if the affidavit is substantially in the language required by
this subdivision and is not found by the court to be untrue. Persons deleted text begin meetingdeleted text end new text begin presumed to
meetnew text end 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, who is represented
by an attorney on behalf of a civil legal services program or a volunteer attorney program
based on indigency, 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.
(c) 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.
new text begin
(d) Notwithstanding paragraph (a), a person who is represented by a civil legal services
program or a volunteer attorney program based on indigency may be allowed to proceed
without prepayment of fees, costs, and security for costs without additional findings if the
attorney representing the person submits an affidavit or makes an oral attestation during a
court proceeding stating that civil legal services or volunteer attorney program services are
being provided to the client.
new text end