Bill Text: MN SF2244 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Forma pauperis party proceeding partial reimbursement costs modification
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-24 - HF substituted on General Orders HF2660 [SF2244 Detail]
Download: Minnesota-2013-SF2244-Engrossed.html
1.2relating to courts; amending partial payment or reimbursement of costs from a
1.3party proceeding in forma pauperis;amending Minnesota Statutes 2012, section
1.4563.01, subdivision 3, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 563.01, subdivision 3, is amended to read:
1.7 Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
1.8or any political subdivision thereof may authorize the commencement or defense of any
1.9civil action, or appeal therein, without prepayment of fees, costs and security for costs by
1.10a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
1.11(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
1.12pay the fees, costs and security for costs.
1.13(b) Upon a finding by the court that the action is not of a frivolous nature, the court
1.14shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
1.15language required by this subdivision and is not found by the court to be untrue. Persons
1.16meeting the requirements of this subdivision include, but are not limited to, a person
1.17who is receiving public assistance described in section 550.37, subdivision 14, who is
1.18represented by an attorney on behalf of a civil legal services program or a volunteer
1.19attorney program based on indigency, or who has an annual income not greater than 125
1.20percent of the poverty line established under United States Code, title 42, section 9902(2),
1.21except as otherwise provided by section563.02 .
1.22(c) If, ator following commencement of the action, the court finds that a party is or
1.23becomes does not meet the eligibility criteria under paragraph (b), but the court also finds
1.24that the party is not able to pay allor a portion of the fees, costs, and security for costs, the
2.1court may order payment of a fee of $75or reimbursement or partial payment of all or a
2.2portion of the fees, costs, and security for costs, to be paid as directed by the court.
2.3The court administrator shall transmit any fees or payments to the commissioner of
2.4management and budget for deposit in the state treasury and credit to the general fund.
2.5 Sec. 2. Minnesota Statutes 2012, section 563.01, is amended by adding a subdivision
2.6to read:
2.7 Subd. 8a. Reimbursement. Following commencement of the action, the court may
2.8order reimbursement of all or a portion of any fees, costs, and security for costs if the
2.9party either (1) no longer meets the eligibility criteria under subdivision 3, paragraph (b);
2.10or (2) the amount ordered under subdivision 3, paragraph (c), is no longer appropriate
2.11because the party is able to pay a higher amount. The reimbursement must be paid
2.12as directed by the court.
1.3party proceeding in forma pauperis;amending Minnesota Statutes 2012, section
1.4563.01, subdivision 3, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 563.01, subdivision 3, is amended to read:
1.7 Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
1.8or any political subdivision thereof may authorize the commencement or defense of any
1.9civil action, or appeal therein, without prepayment of fees, costs and security for costs by
1.10a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
1.11(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
1.12pay the fees, costs and security for costs.
1.13(b) Upon a finding by the court that the action is not of a frivolous nature, the court
1.14shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
1.15language required by this subdivision and is not found by the court to be untrue. Persons
1.16meeting the requirements of this subdivision include, but are not limited to, a person
1.17who is receiving public assistance described in section 550.37, subdivision 14, who is
1.18represented by an attorney on behalf of a civil legal services program or a volunteer
1.19attorney program based on indigency, or who has an annual income not greater than 125
1.20percent of the poverty line established under United States Code, title 42, section 9902(2),
1.21except as otherwise provided by section
1.22(c) If, at
1.23
1.24that the party is not able to pay all
2.1court may order payment of a fee of $75
2.2
2.3The court administrator shall transmit any fees or payments to the commissioner of
2.4management and budget for deposit in the state treasury and credit to the general fund.
2.5 Sec. 2. Minnesota Statutes 2012, section 563.01, is amended by adding a subdivision
2.6to read:
2.7 Subd. 8a. Reimbursement. Following commencement of the action, the court may
2.8order reimbursement of all or a portion of any fees, costs, and security for costs if the
2.9party either (1) no longer meets the eligibility criteria under subdivision 3, paragraph (b);
2.10or (2) the amount ordered under subdivision 3, paragraph (c), is no longer appropriate
2.11because the party is able to pay a higher amount. The reimbursement must be paid
2.12as directed by the court.
