HF 2056

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 01:29pm

A bill for an act
relating to courts; lowering or eliminating certain court-related fees; amending
Minnesota Statutes 2016, sections 357.021, subdivision 2; 609.748, subdivision
3a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, 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 $310, except in marriage dissolution actions the fee is $340.

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 $310, except in
marriage dissolution actions the fee is $340. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.

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, $100.

(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, osteopathic physicians, 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
deleted text begin $100 deleted text end new text begin $50 new text end .

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:

Subd. 3a.

Filing fee; cost of service.

The filing fees for a restraining order under this
section are waived for the petitioner new text begin and the respondent new text end if the petition alleges acts that would
constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to
609.3451. The court administrator and the sheriff of any county in this state shall perform
their duties relating to service of process without charge to the petitioner. The court shall
direct payment of the reasonable costs of service of process if served by a private process
server when the sheriff is unavailable or if service is made by publication. deleted text begin The court may
direct a respondent to pay to the court administrator the petitioner's filing fees and reasonable
costs of service of process if the court determines that the respondent has the ability to pay
the petitioner's fees and costs.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end