Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 544-H.F.No. 851 
           An act relating to courts; increasing certain fees 
          collected by the court administrator; amending 
          Minnesota Statutes 1988, sections 357.021, subdivision 
          2; and 525.22. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, 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, the 
plaintiff, petitioner, or other moving party shall pay, when the 
first paper is filed for that party in said action, a fee of 
$30, except that in an action for marriage dissolution, the fee 
is $55. 
     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 $30. 
     The party requesting a trial by jury shall pay $30. 
     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 sections 106A.005 to 106A.811, except 
the provisions therein as to appeals. 
     (2) Certified copy of any instrument from a civil or 
criminal proceeding $5, plus 25 cents per page after the first 
page and $3.50, plus 25 cents per page after the first page for 
an uncertified copy. 
     (3) Issuing a subpoena $3 for each name. 
    (4) 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, $5 $10. 
    (5) Issuing a transcript of judgment, or for filing and 
docketing a transcript of judgment from another court, $5 $7.50. 
    (6) Filing and entering a satisfaction of judgment, partial 
satisfaction or assignment of judgment, $5. 
    (7) Certificate as to existence or nonexistence of 
judgments docketed, $1 for each name certified to and $3 for 
each judgment certified to. 
    (8) Filing and indexing trade name; or recording notary 
commission; or recording basic science certificate; or recording 
certificate of physicians, osteopaths, chiropractors, 
veterinarians or optometrists, $5. 
    (9) For the filing of each partial, final, or annual 
account in all trusteeships, $10. 
    (10) For the deposit of a will, $5. 
    (11) 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. 
    Sec. 2.  Minnesota Statutes 1988, section 525.22, is 
amended to read: 
    525.22 [DEPOSIT OF WILLS.] 
    A will in writing enclosed in a sealed wrapper upon which 
is endorsed the name and address of the testator, the day when, 
and the person by whom it is delivered, may be deposited in the 
probate court of the county where the testator resides.  The 
court shall give a certificate of its deposit and shall retain 
such will.  The court administrator shall receive a fee, as 
provided in section 357.021, subdivision 2, for each will 
deposited.  During the testator's lifetime, such will shall be 
delivered only to the testator or upon the testator's written 
order witnessed by at least two subscribing witnesses and duly 
acknowledged.  After the testator's death, the court shall open 
the will publicly and retain the same.  Notice shall be given to 
the executor named therein and to such other persons as the 
court may designate.  If the proper venue is in another court, 
the will shall be transmitted to such court; but before such 
transmission a true copy thereof shall be made by and retained 
in the court in which the will was deposited. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:18 p.m.