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Office of the Revisor of Statutes

Office of the Revisor of Statutes

GENERAL RULES OF PRACTICE

Rule 356.Fees

Rule 356.01Collection of Fees

The court administrator shall charge and collect fees pursuant to Minnesota Statutes. Fees must be paid, or a fee waiver granted, 7 days in advance of the scheduled hearing.

(Amended effective November 22, 2023.)

Advisory Committee Comment

Minnesota Statutes 2000, section 357.021, subdivision 2, establishes the various fees that must be charged and collected by court administrators. Specifically included is a filing fee, which is to be charged and collected from a party upon the filing of that party's first paper in the proceeding. Also included is a modification fee, which is to be paid upon the filing of a motion to modify support and upon the filing of a response to such a motion.

Advisory Committee Comment - 2023 Amendments

Rule 356.01 is modified in 2023 to require an approved fee waiver or payment of fees 7 days prior to a hearing to allow court staff time to remove cases from the calendar that are not going to be able to proceed due to failure of payment.

Rule 356.02Waiver of Fees

If a party indicates an inability to pay any fee required under Rule 356.01, the court administrator shall explain that the party may apply for permission to proceed without payment of the fee. Upon request, the court administrator shall provide to such a party an application to proceed in forma pauperis. If a party signs and submits to the court administrator an application to proceed without payment of the fee, and such a request to waive the fee is approved by a child support magistrate or other judicial officer, the court administrator shall not charge and collect the fee.

(Amended effective November 22, 2023.)

Advisory Committee Comment

Minnesota Statutes 2000, section 563.01, subdivision 3, provides that "the court shall allow the person to proceed in forma pauperis" if the court makes certain findings. Under this statute, only judicial officers, and not court administrators, are authorized to issue orders granting in forma pauperis status.

Advisory Committee Comment - 2023 Amendments

Rule 356.02 is modified in 2023 to recognize that under local practice in forma pauperis requests may be reviewed and signed by either a magistrate, a referee, or a judge.