Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 94-H.F.No. 438 
           An act relating to courts; specifying the income 
          standard for proceeding in forma pauperis; amending 
          Minnesota Statutes 1988, section 563.01, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 563.01, 
subdivision 3, is amended to read: 
    Subd. 3.  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.  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 assistance, 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 9909(2). 
    Presented to the governor May 5, 1989 
    Signed by the governor May 9, 1989, 1:34 p.m.