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SF 1043

as introduced - 90th Legislature (2017 - 2018) Posted on 02/17/2017 08:57am

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

Current Version - as introduced

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A bill for an act
relating to courts; lowering certain court-related fees; amending Minnesota Statutes
2016, sections 357.021, subdivision 2; 357.022.

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 deleted text begin $310deleted text end new text begin $280new text end , except in marriage dissolution actions the fee is deleted text begin $340deleted text end new text begin $310new 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 $280new text end , except
in marriage dissolution actions the fee is deleted text begin $340deleted text end new text begin $310new text end . 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, deleted text begin $100deleted text end new text begin $75new 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, 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 $100deleted text end new text begin $50new 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 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 $65deleted text end new text begin $50new 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.

new text begin EFFECTIVE DATE. new text end

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