Minnesota Legislature
HF 2660
as introduced - 88th Legislature (2013 - 2014) Posted on 03/03/2014 03:10pm
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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:
Section 1.
Minnesota Statutes 2012, section 563.01, subdivision 3, is amended to read:
Subd. 3.
Authorization of forma pauperis.
(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 begin under section 550.37, subdivision 14new 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 begin or followingdeleted text end commencement of the action, the new text begin court finds that a new text end party deleted text begin is or
becomesdeleted text end new text begin does not meet the eligibility criteria under paragraph (b), but the court also finds
that the party is not new text end able to pay all deleted text begin or a portiondeleted text end of the fees, costs, and security for costs, the
court may order payment of a fee of $75 deleted text begin or reimbursementdeleted text end or partial payment deleted text begin of 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.
Sec. 2.
Minnesota Statutes 2012, section 563.01, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Reimbursement. new text end
new text begin
Following commencement of the action, the court may
order reimbursement of all or a portion of any fees, costs, and security for costs if the
party either (1) no longer meets the eligibility criteria under subdivision 3, paragraph (b);
or (2) the amount ordered under subdivision 3, paragraph (c), is no longer appropriate
because the party is able to pay a higher amount. The reimbursement must be paid
as directed by the court.
new text end