Minnesota Legislature
HF 264
as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:44pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/31/2013 |
Current Version - as introduced
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A bill for an act
relating to courts; amending court filing fees; amending Minnesota Statutes 2012,
sections 357.021, subdivision 2; 357.022; 357.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 357.021, subdivision 2, is amended to read:
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 deleted text begin $310deleted text end new text begin $.......new text end , except in marriage dissolution actions the fee is deleted text begin $340deleted text end new text begin $.......new text end .
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 deleted text begin $310deleted text end new text begin $.......new text end ,
except in marriage dissolution actions the fee is deleted text begin $340deleted text end new text begin $.......new text end .
The party requesting a trial by jury shall pay $100.
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, $14, and $8
for an uncertified copy.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, deleted text begin $100deleted text end new text begin $.......new text end .
(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, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, $40.
(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, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support,
a fee of $100.
(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.
Sec. 2.
Minnesota Statutes 2012, section 357.022, is amended to read:
357.022 CONCILIATION COURT FEE.
The court administrator in every county shall charge and collect a filing fee of deleted text begin $65
deleted text end new text begin $.......new text end from every plaintiff and from every defendant when the first paper for that party is
filed in any conciliation court action. This section does not apply to conciliation court
actions filed by the state. The court administrator shall transmit the fees monthly to the
commissioner of management and budget for deposit in the state treasury and credit
to the general fund.
Sec. 3.
Minnesota Statutes 2012, section 357.08, is amended to read:
357.08 PAID BY APPELLANT IN APPEAL.
There shall be paid to the clerk of the appellate courts by the appellant, or moving
party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
mandamus, injunction, prohibition, or other original proceeding, when initially filed with
the clerk of the appellate courts, the sum of deleted text begin $550deleted text end new text begin $.......new text end to the clerk of the appellate courts.
An additional filing fee of $100 shall be required for a petition for accelerated review by
the Supreme Court. A filing fee of deleted text begin $550deleted text end new text begin $.......new text end shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of Appeals. A
filing fee of deleted text begin $550deleted text end new text begin $.......new text end shall be paid to the clerk of the appellate courts upon the filing
of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk
of the appellate courts upon the filing by a respondent of a notice of review. The clerk
shall transmit the fees to the commissioner of management and budget for deposit in the
state treasury and credit to the general fund.
The clerk shall not file any paper, issue any writ or certificate, or perform any service
enumerated herein, until the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment proceedings, nor to an
action or proceeding by the state taken solely in the public interest, where the state is the
appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
to the parties before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population exceeding
50,000, as the court may direct.