2006 Minnesota Statutes

563.01 FORMA PAUPERIS PROCEEDINGS; AUTHORIZATION.
    Subdivision 1.[Repealed, 1999 c 216 art 7 s 45]
    Subd. 2. Expenses. Whenever pursuant to this section the court directs expenses to be
paid, the expenses shall be paid by the state.
    Subd. 3. Authorization of forma pauperis. 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 9902(2), except as otherwise
provided by section 563.02.
    Subd. 4. Payment of expenses. Upon order of the court, the court administrator and the
sheriff of any Minnesota county shall perform their duties without charge to the person proceeding
in forma pauperis. The court shall direct payment of the reasonable expense of service of process
pursuant to subdivision 2 if served by a private process server, if the sheriff is unavailable, or
by publication.
    Subd. 5. Witness fees. If the court finds that a witness, including an expert witness, has
evidence material and necessary to the case and is within the state of Minnesota, the court shall
direct payment of the reasonable expenses incurred in subpoenaing the witness, if necessary, and
in paying the fees and costs of the witness.
    Subd. 6. Deposition expenses. If the court finds that a deposition and transcript thereof are
necessary to adequately prepare, present or decide an issue presented by the action, the court shall
direct payment of the reasonable expenses incurred in taking the deposition and in obtaining
the transcript thereof.
    Subd. 7. Transcript expenses. If the court finds that a transcript of any part or all of the
action is necessary to adequately prepare, present or decide an issue presented by the action, the
court shall direct the payment of the reasonable expenses incurred in obtaining the transcript.
    Subd. 8. Appellate briefs. In any case on appeal the appellate court shall, upon granting
permission to proceed in forma pauperis following application in the manner provided in
subdivision 3, direct payment of the reasonable expenses incurred in obtaining the record and
reproducing the appellate briefs.
    Subd. 9. Rescinding forma pauperis status. Upon motion, the court may rescind its
permission to proceed in forma pauperis if it finds the allegations of poverty contained in the
affidavit are untrue, or if, following commencement of the action, the party becomes able to pay
the fees, costs and security for the costs. In such cases, the court may direct the party to pay to
the court administrator any costs allowing the action to proceed. The court administrator shall
transmit the costs to the commissioner of finance for deposit in the state treasury and credit
them to the general fund.
    Subd. 10. Judgment. Judgment may be rendered for costs at the conclusion of the action
as in other cases. In the event any person recovers moneys by either settlement or judgment as
a result of commencing or defending an action in forma pauperis, the costs deferred and the
expenses directed by the court to be paid under this section shall be included in such moneys and
shall be paid directly to the court administrator by the opposing party. The court administrator
shall transmit the costs to the commissioner of finance for deposit in the state treasury and credit
them to the general fund.
    Subd. 11. Fraud; perjury. A person who fraudulently invokes the privilege of this section
shall be guilty of perjury and shall, upon conviction thereof, be punished as provided in section
609.48.
    Subd. 12. Not supersede other remedies. The provisions of this section do not replace or
supersede remedies otherwise provided by law.
History: 1973 c 205 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 94 s 1; 1990 c 426 art 1
s 53; 1991 c 151 s 1; 1995 c 226 art 6 s 11; 1999 c 216 art 7 s 38-40; 2003 c 112 art 2 s 50