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HF 2660

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/22/2014 02:21pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Introduction Posted on 03/03/2014
1st Engrossment Posted on 03/27/2014

Current Version - 1st Engrossment

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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.


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 described in 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 beginor followingdeleted text end commencement of the action, the new text begincourt finds that a new text endparty deleted text beginis or
deleted text end new text begindoes not meet the eligibility criteria under paragraph (b), but the court also finds
that the party is not
new 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
deleted 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