1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/22/2014 02:21pm
A bill for an act
relating to courts; amending partial payment or reimbursement of costs from a
party proceeding in forma pauperis; amending Minnesota Statutes 2012, section
563.01, subdivision 3, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 563.01, subdivision 3, is amended to read:
(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 assistancenew text beginnew text end, 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 deleted text beginor followingdeleted text end commencement of the action, the new text beginnew text endparty deleted text beginis or
becomesdeleted text end new text beginnew text endable to pay all deleted text beginor a portiondeleted text end of the fees, costs, and security for costs, the
court may order payment of a fee of $75 deleted text beginor reimbursementdeleted text end or partial payment deleted text beginof all or a
portiondeleted text end 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.
Minnesota Statutes 2012, section 563.01, is amended by adding a subdivision
new text begin new text end