2003 Minnesota Statutes

     357.021 Court administrator of district court; fees. 

    Subdivision 1.  Expired 

    Subd. 1a.    Transmittal of fees to commissioner of 
 finance.  (a) Every person, including the state of Minnesota 
 and all bodies politic and corporate, who shall transact any 
 business in the district court, shall pay to the court 
 administrator of said court the sundry fees prescribed in 
 subdivision 2.  Except as provided in paragraph (d), the court 
 administrator shall transmit the fees monthly to the 
 commissioner of finance for deposit in the state treasury and 
 credit to the general fund.  

    (b) In a county which has a screener-collector position, 
 fees paid by a county pursuant to this subdivision shall be 
 transmitted monthly to the county treasurer, who shall apply the 
 fees first to reimburse the county for the amount of the salary 
 paid for the screener-collector position.  The balance of the 
 fees collected shall then be forwarded to the commissioner of 
 finance for deposit in the state treasury and credited to the 
 general fund.  In a county in a judicial district under section 
 480.181, subdivision 1, paragraph (b), which has a 
 screener-collector position, the fees paid by a county shall be 
 transmitted monthly to the commissioner of finance for deposit 
 in the state treasury and credited to the general fund.  A 
 screener-collector position for purposes of this paragraph is an 
 employee whose function is to increase the collection of fines 
 and to review the incomes of potential clients of the public 
 defender, in order to verify eligibility for that service. 

    (c) No fee is required under this section from the public 
 authority or the party the public authority represents in an 
 action for: 

    (1) child support enforcement or modification, medical 
 assistance enforcement, or establishment of parentage in the 
 district court, or in a proceeding under section 484.702; 

    (2) civil commitment under chapter 253B; 

    (3) the appointment of a public conservator or public 
 guardian or any other action under chapters 252A and 525; 

    (4) wrongfully obtaining public assistance under section 
 256.98 or 256D.07, or recovery of overpayments of public 
 assistance; 

    (5) court relief under chapter 260; 

    (6) forfeiture of property under sections 169A.63 and 
 609.531 to 609.5317; 

    (7) recovery of amounts issued by political subdivisions or 
 public institutions under sections 246.52, 252.27, 256.045, 
 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, 
 and 260C.331, or other sections referring to other forms of 
 public assistance; 

    (8) restitution under section 611A.04; or 

    (9) actions seeking monetary relief in favor of the state 
 pursuant to section 16D.14, subdivision 5. 

    (d) The fees collected for child support modifications 
 under subdivision 2, clause (13), must be transmitted to the 
 county treasurer for deposit in the county general fund.  The 
 fees must be used by the county to pay for child support 
 enforcement efforts by county attorneys. 

    Subd. 2.    Fee amounts.  The fees to be charged and 
 collected by the court administrator shall be as follows: 

    (1) In every civil action or proceeding in said court, 
 including any case arising under the tax laws of the state that 
 could be transferred or appealed to the Tax Court, the 
 plaintiff, petitioner, or other moving party shall pay, when the 
 first paper is filed for that party in said action, a fee of 
 $235. 

    The defendant or other adverse or intervening party, or any 
 one or more of several defendants or other adverse or 
 intervening parties appearing separately from the others, shall 
 pay, when the first paper is filed for that party in said 
 action, a fee of $235. 

    The party requesting a trial by jury shall pay $75. 

    The fees above stated shall be the full trial fee 
 chargeable to said parties irrespective of whether trial be to 
 the court alone, to the court and jury, or disposed of without 
 trial, and shall include the entry of judgment in the action, 
 but does not include copies or certified copies of any papers so 
 filed or proceedings under chapter 103E, except the provisions 
 therein as to appeals. 

    (2) Certified copy of any instrument from a civil or 
 criminal proceeding, $10, and $5 for an uncertified copy. 

    (3) Issuing a subpoena, $12 for each name. 

    (4) Filing a motion or response to a motion in civil, 
 family, excluding child support, and guardianship cases, $55.  

    (5) Issuing an execution and filing the return thereof; 
 issuing a writ of attachment, injunction, habeas corpus, 
 mandamus, quo warranto, certiorari, or other writs not 
 specifically mentioned, $40. 

    (6) Issuing a transcript of judgment, or for filing and 
 docketing a transcript of judgment from another court, $30. 

    (7) Filing and entering a satisfaction of judgment, partial 
 satisfaction, or assignment of judgment, $5. 

    (8) Certificate as to existence or nonexistence of 
 judgments docketed, $5 for each name certified to. 

    (9) Filing and indexing trade name; or recording basic 
 science certificate; or recording certificate of physicians, 
 osteopaths, chiropractors, veterinarians, or optometrists, $5. 

    (10) For the filing of each partial, final, or annual 
 account in all trusteeships, $40. 

    (11) For the deposit of a will, $20. 

    (12) For recording notary commission, $100, of which, 
 notwithstanding subdivision 1a, paragraph (b), $80 must be 
 forwarded to the commissioner of finance to be deposited in the 
 state treasury and credited to the general fund. 

    (13) Filing a motion or response to a motion for 
 modification of child support, a fee fixed by rule or order of 
 the Supreme Court.  

    (14) All other services required by law for which no fee is 
 provided, such fee as compares favorably with those herein 
 provided, or such as may be fixed by rule or order of the court. 

    (15) In addition to any other filing fees under this 
 chapter, a surcharge in the amount of $75 must be assessed in 
 accordance with section 259.52, subdivision 14, for each 
 adoption petition filed in district court to fund the fathers' 
 adoption registry under section 259.52. 

    The fees in clauses (3) and (5) need not be paid by a 
 public authority or the party the public authority represents. 

    Subd. 2a. Repealed, 1999 c 216 art 7 s 45 

    Subd. 3.    Payment in advance.  All fees of said court 
 administrators, except in criminal proceedings, shall be paid in 
 advance at or prior to the time of the performance of any 
 service requiring payment of such fees, and said court 
 administrator shall not proceed in any matter requiring the 
 payment of fees until the full amount of the same is paid. 

    Subd. 4.    Not affect library fees.  Nothing in this 
 section shall be construed as amending, modifying, 
 redistributing, or repealing the provisions as to library fees 
 contained in chapter 134A. 

    Subd. 5.    Exemption for government agencies.  
 Notwithstanding any other provision of the law to the contrary, 
 no fee otherwise required to be paid to the court administrator 
 of district court by a defendant or defendants when filing the 
 first paper for that party in an action, shall be paid by the 
 state of Minnesota, or any department or agency thereof, when 
 the state or a department or agency as plaintiff enters judgment 
 pursuant to a confession of judgment executed by the defendant. 

    Subd. 6.    Surcharges on criminal and traffic offenders. 
  (a) The court shall impose and the court administrator shall 
 collect a $60 surcharge on every person convicted of any felony, 
 gross misdemeanor, misdemeanor, or petty misdemeanor offense, 
 other than a violation of a law or ordinance relating to vehicle 
 parking, for which there shall be a $3 surcharge.  The surcharge 
 shall be imposed whether or not the person is sentenced to 
 imprisonment or the sentence is stayed.  

    (b) If the court fails to impose a surcharge as required by 
 this subdivision, the court administrator shall show the 
 imposition of the surcharge, collect the surcharge and correct 
 the record. 

    (c) The court may not waive payment of the surcharge 
 required under this subdivision.  Upon a showing of indigency or 
 undue hardship upon the convicted person or the convicted 
 person's immediate family, the sentencing court may authorize 
 payment of the surcharge in installments. 

    (d) The court administrator or other entity collecting a 
 surcharge shall forward it to the commissioner of finance. 

    (e) If the convicted person is sentenced to imprisonment 
 and has not paid the surcharge before the term of imprisonment 
 begins, the chief executive officer of the correctional facility 
 in which the convicted person is incarcerated shall collect the 
 surcharge from any earnings the inmate accrues from work 
 performed in the facility or while on conditional release.  The 
 chief executive officer shall forward the amount collected to 
 the commissioner of finance. 

    Subd. 7.    Disbursement of surcharges by commissioner of 
 finance.  (a) Except as provided in paragraphs (b) and (c), 
 the commissioner of finance shall disburse surcharges received 
 under subdivision 6 and section 97A.065, subdivision 2, as 
 follows: 

    (1) one percent shall be credited to the game and fish fund 
 to provide peace officer training for employees of the 
 Department of Natural Resources who are licensed under sections 
 626.84 to 626.863, and who possess peace officer authority for 
 the purpose of enforcing game and fish laws; 

    (2) 39 percent shall be credited to the peace officers 
 training account in the special revenue fund; and 

    (3) 60 percent shall be credited to the general fund.  

    (b) The commissioner of finance shall credit $3 of each 
 surcharge received under subdivision 6 and section 97A.065, 
 subdivision 2, to the general fund. 

    (c) In addition to any amounts credited under paragraph 
 (a), the commissioner of finance shall credit $32 of each 
 surcharge received under subdivision 6 and section 97A.065, 
 subdivision 2, and the $3 parking surcharge, to the general fund.

    HIST: (6987) RL s 2694; 1913 c 414 s 1; 1937 c 187 s 1; 1947 c 
 95 s 1,2; 1957 c 620 s 1,2; 1959 c 250 s 4; 1965 c 822 s 1-5; 
 1969 c 495 s 1,3; 1971 c 25 s 65; 1971 c 255 s 1; 1971 c 259 s 
 1; 1974 c 394 s 2; 1978 c 730 s 1; 1981 c 360 art 2 s 41,42; 
 1983 c 262 art 1 s 6; 1983 c 312 art 3 s 1,2; 1984 c 654 art 5 s 
 53; 1985 c 172 s 127; 1Sp1985 c 14 art 9 s 75; 1986 c 442 s 2; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 282 art 2 s 185,186; 
 1989 c 335 art 3 s 6-9; art 4 s 82; 1Sp1989 c 1 art 17 s 5; 1990 
 c 391 art 8 s 38; 1990 c 544 s 1; 1990 c 574 s 4; 1990 c 594 art 
 1 s 72; 1990 c 604 art 9 s 3; 1991 c 281 s 1; 1992 c 513 art 3 s 
 71; art 4 s 42; art 8 s 51,52; 1992 c 571 art 4 s 1; 1993 c 192 
 s 91,92; 1993 c 326 art 12 s 7; 1994 c 465 art 3 s 28; 1994 c 
 630 art 10 s 2; 1994 c 636 art 8 s 3; 1995 c 226 art 6 s 8; 1997 
 c 218 s 12; 1997 c 239 art 12 s 1; 1998 c 366 s 75; 1998 c 367 
 art 8 s 4-6; 1998 c 382 art 2 s 17; 1999 c 139 art 4 s 2; 1999 c 
 196 art 2 s 7; 1999 c 243 art 11 s 5; 2000 c 478 art 2 s 7; 
 1Sp2001 c 5 art 5 s 10; 1Sp2001 c 8 art 7 s 1,2,13; 1Sp2001 c 9 
 art 18 s 15,16,19; 2002 c 220 art 11 s 6; 2002 c 379 art 1 s 
 113,114; 2003 c 112 art 2 s 50; 1Sp2003 c 2 art 2 s 2; art 8 s 
 6,7 

*   NOTE:  The amendment to subdivision 1a by Laws 2001, First 
*Special Session chapter 5, article 5, section 10, is effective 
*July 1, 2003, in the second and fourth districts; July 1, 2004, 
*in the first and third districts; and July 1, 2005, in the sixth 
*and tenth districts.