1997 Minnesota Statutes

     357.021 Court administrator of district court; fees. 

    Subdivision 1.  Expired 

    Subd. 1a.  (a) Every person, including the state of 
 Minnesota and all bodies politic and corporate, who shall 
 transact any business in the district court, shall pay to the 
 court administrator of said court the sundry fees prescribed in 
 subdivision 2.  Except as provided in paragraph (d), the court 
 administrator shall transmit the fees monthly to the state 
 treasurer for deposit in the state treasury and credit to the 
 general fund.  

    (b) In a county which has a screener-collector position, 
 fees paid by a county pursuant to this subdivision shall be 
 transmitted monthly to the county treasurer, who shall apply the 
 fees first to reimburse the county for the amount of the salary 
 paid for the screener-collector position.  The balance of the 
 fees collected shall then be forwarded to the state treasurer 
 for deposit in the state treasury and credited to the general 
 fund.  In a county in the eighth judicial district which has a 
 screener-collector position, the fees paid by a county shall be 
 transmitted monthly to the state treasurer for deposit in the 
 state treasury and credited to the general fund.  A 
 screener-collector position for purposes of this paragraph is an 
 employee whose function is to increase the collection of fines 
 and to review the incomes of potential clients of the public 
 defender, in order to verify eligibility for that service. 

    (c) No fee is required under this section from the public 
 authority or the party the public authority represents in an 
 action for: 

    (1) child support enforcement or modification, medical 
 assistance enforcement, or establishment of parentage in the 
 district court, or child or medical support enforcement 
 conducted by an administrative law judge in an administrative 
 hearing under section 518.5511; 

    (2) civil commitment under chapter 253B; 

    (3) the appointment of a public conservator or public 
 guardian or any other action under chapters 252A and 525; 

    (4) wrongfully obtaining public assistance under section 
 256.98 or 256D.07, or recovery of overpayments of public 
 assistance; 

    (5) court relief under chapter 260; 

    (6) forfeiture of property under sections 169.1217 and 
 609.531 to 609.5317; 

    (7) recovery of amounts issued by political subdivisions or 
 public institutions under sections 246.52, 252.27, 256.045, 
 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
 260.251, or other sections referring to other forms of public 
 assistance; or 

    (8) restitution under section 611A.04. 

    (d) The fees collected for child support modifications 
 under subdivision 2, clause (13), must be transmitted to the 
 county treasurer for deposit in the county general fund.  The 
 fees must be used by the county to pay for child support 
 enforcement efforts by county attorneys. 

    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 
 $122. 

    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 $122. 

    The party requesting a trial by jury shall pay $75. 

    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, $10, and $5 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, $10. 

    (5) Issuing a transcript of judgment, or for filing and 
 docketing a transcript of judgment from another court, $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, $5 for each name certified to. 

    (8) Filing and indexing trade name; 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) For recording notary commission, $25, of which, 
 notwithstanding subdivision 1a, paragraph (b), $20 must be 
 forwarded to the state treasurer to be deposited in the state 
 treasury and credited to the general fund. 

    (12) When a defendant pleads guilty to or is sentenced for 
 a petty misdemeanor other than a parking violation, the 
 defendant shall pay a fee of $11. 

    (13) Filing a motion or response to a motion for 
 modification of child support, a fee fixed by rule or order of 
 the supreme court.  

    (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 putative 
 fathers' adoption registry under section 259.52. 

    The fees in clauses (3) and (4) need not be paid by a 
 public authority or the party the public authority represents. 

    Subd. 2a.    Certain fee purposes.  Of the petitioner's 
 marriage dissolution fee collected pursuant to subdivision 2, 
 the court administrator shall pay $35 to the state treasurer to 
 be deposited in the general fund. 

    Subd. 3.  All fees of said court administrators, except in 
 criminal proceedings, shall be paid in advance at or prior to 
 the time of the performance of any service requiring payment of 
 such fees, and said court administrator shall not proceed in any 
 matter requiring the payment of fees until the full amount of 
 the same is paid. 

    Subd. 4.  Nothing in this section shall be construed as 
 amending, modifying, redistributing, or repealing the provisions 
 as to library fees contained in chapter 134A. 

    Subd. 5.  Notwithstanding any other provision of the law to 
 the contrary, no fee otherwise required to be paid to the court 
 administrator of district court by a defendant or defendants 
 when filing the first paper for that party in an action, shall 
 be paid by the state of Minnesota, or any department or agency 
 thereof, when the state or a department or agency as plaintiff 
 enters judgment pursuant to a confession of judgment executed by 
 the defendant. 

    HIST: (6987) RL s 2694; 1913 c 414 s 1; 1937 c 187 s 1; 1947 c 
 95 s 1,2; 1957 c 620 s 1,2; 1959 c 250 s 4; 1965 c 822 s 1-5; 
 1969 c 495 s 1,3; 1971 c 25 s 65; 1971 c 255 s 1; 1971 c 259 s 
 1; 1974 c 394 s 2; 1978 c 730 s 1; 1981 c 360 art 2 s 41,42; 
 1983 c 262 art 1 s 6; 1983 c 312 art 3 s 1,2; 1984 c 654 art 5 s 
 53; 1985 c 172 s 127; 1Sp1985 c 14 art 9 s 75; 1986 c 442 s 2; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 282 art 2 s 185,186; 
 1989 c 335 art 3 s 6-9; art 4 s 82; 1Sp1989 c 1 art 17 s 5; 1990 
 c 391 art 8 s 38; 1990 c 544 s 1; 1990 c 574 s 4; 1990 c 594 art 
 1 s 72; 1990 c 604 art 9 s 3; 1991 c 281 s 1; 1992 c 513 art 3 s 
 71; art 4 s 42; art 8 s 51,52; 1992 c 571 art 4 s 1; 1993 c 192 
 s 91,92; 1993 c 326 art 12 s 7; 1994 c 465 art 3 s 28; 1994 c 
 630 art 10 s 2; 1994 c 636 art 8 s 3; 1995 c 226 art 6 s 8; 1997 
 c 218 s 12; 1997 c 239 art 12 s 1 

*   NOTE:  For fees for filing and entering notice of appeal 
*and making return to supreme court, see Rules of Civil Appellate 
*Procedure, Rule 103.01.