Bill Text: MN HF264 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Court filing fees amended.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-31 - Introduction and first reading, referred to Judiciary Finance and Policy [HF264 Detail]
Download: Minnesota-2013-HF264-Introduced.html
1.2relating to courts; amending court filing fees;amending Minnesota Statutes 2012,
1.3sections 357.021, subdivision 2; 357.022; 357.08.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 357.021, subdivision 2, is amended to read:
1.6 Subd. 2. Fee amounts. The fees to be charged and collected by the court
1.7administrator shall be as follows:
1.8 (1) In every civil action or proceeding in said court, including any case arising under
1.9the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
1.10petitioner, or other moving party shall pay, when the first paper is filed for that party in said
1.11action, a fee of$310 $......., except in marriage dissolution actions the fee is $340 $........
1.12 The defendant or other adverse or intervening party, or any one or more of several
1.13defendants or other adverse or intervening parties appearing separately from the others,
1.14shall pay, when the first paper is filed for that party in said action, a fee of$310 $.......,
1.15except in marriage dissolution actions the fee is$340 $........
1.16 The party requesting a trial by jury shall pay $100.
1.17 The fees above stated shall be the full trial fee chargeable to said parties irrespective
1.18of whether trial be to the court alone, to the court and jury, or disposed of without trial,
1.19and shall include the entry of judgment in the action, but does not include copies or
1.20certified copies of any papers so filed or proceedings under chapter 103E, except the
1.21provisions therein as to appeals.
1.22 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
1.23for an uncertified copy.
1.24 (3) Issuing a subpoena, $16 for each name.
2.1 (4) Filing a motion or response to a motion in civil, family, excluding child support,
2.2and guardianship cases,$100 $........
2.3 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
2.4injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
2.5specifically mentioned, $55.
2.6 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of
2.7judgment from another court, $40.
2.8 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
2.9of judgment, $5.
2.10 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
2.11name certified to.
2.12 (9) Filing and indexing trade name; or recording basic science certificate; or recording
2.13certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.
2.14 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
2.15 (11) For the deposit of a will, $27.
2.16 (12) For recording notary commission, $20.
2.17 (13) Filing a motion or response to a motion for modification of child support,
2.18a fee of $100.
2.19 (14) All other services required by law for which no fee is provided, such fee
2.20as compares favorably with those herein provided, or such as may be fixed by rule or
2.21order of the court.
2.22 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
2.23$75 must be assessed in accordance with section259.52, subdivision 14 , for each adoption
2.24petition filed in district court to fund the fathers' adoption registry under section259.52 .
2.25 The fees in clauses (3) and (5) need not be paid by a public authority or the party
2.26the public authority represents.
2.27 Sec. 2. Minnesota Statutes 2012, section 357.022, is amended to read:
2.28357.022 CONCILIATION COURT FEE.
2.29The court administrator in every county shall charge and collect a filing fee of$65
2.30 $....... from every plaintiff and from every defendant when the first paper for that party is
2.31filed in any conciliation court action. This section does not apply to conciliation court
2.32actions filed by the state. The court administrator shall transmit the fees monthly to the
2.33commissioner of management and budget for deposit in the state treasury and credit
2.34to the general fund.
3.1 Sec. 3. Minnesota Statutes 2012, section 357.08, is amended to read:
3.2357.08 PAID BY APPELLANT IN APPEAL.
3.3There shall be paid to the clerk of the appellate courts by the appellant, or moving
3.4party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
3.5mandamus, injunction, prohibition, or other original proceeding, when initially filed with
3.6the clerk of the appellate courts, the sum of$550 $....... to the clerk of the appellate courts.
3.7An additional filing fee of $100 shall be required for a petition for accelerated review by
3.8the Supreme Court. A filing fee of$550 $....... shall be paid to the clerk of the appellate
3.9courts upon the filing of a petition for review from a decision of the Court of Appeals. A
3.10filing fee of$550 $....... shall be paid to the clerk of the appellate courts upon the filing
3.11of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk
3.12of the appellate courts upon the filing by a respondent of a notice of review. The clerk
3.13shall transmit the fees to the commissioner of management and budget for deposit in the
3.14state treasury and credit to the general fund.
3.15The clerk shall not file any paper, issue any writ or certificate, or perform any service
3.16enumerated herein, until the payment has been made for it. The clerk shall pay the sum
3.17into the state treasury as provided for by section15A.01 .
3.18The charges provided for shall not apply to disbarment proceedings, nor to an
3.19action or proceeding by the state taken solely in the public interest, where the state is the
3.20appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
3.21to the parties before judgment, or furnished to the district judge whose decision is under
3.22review, or to such law library associations in counties having a population exceeding
3.2350,000, as the court may direct.
1.3sections 357.021, subdivision 2; 357.022; 357.08.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 357.021, subdivision 2, is amended to read:
1.6 Subd. 2. Fee amounts. The fees to be charged and collected by the court
1.7administrator shall be as follows:
1.8 (1) In every civil action or proceeding in said court, including any case arising under
1.9the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
1.10petitioner, or other moving party shall pay, when the first paper is filed for that party in said
1.11action, a fee of
1.12 The defendant or other adverse or intervening party, or any one or more of several
1.13defendants or other adverse or intervening parties appearing separately from the others,
1.14shall pay, when the first paper is filed for that party in said action, a fee of
1.15except in marriage dissolution actions the fee is
1.16 The party requesting a trial by jury shall pay $100.
1.17 The fees above stated shall be the full trial fee chargeable to said parties irrespective
1.18of whether trial be to the court alone, to the court and jury, or disposed of without trial,
1.19and shall include the entry of judgment in the action, but does not include copies or
1.20certified copies of any papers so filed or proceedings under chapter 103E, except the
1.21provisions therein as to appeals.
1.22 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
1.23for an uncertified copy.
1.24 (3) Issuing a subpoena, $16 for each name.
2.1 (4) Filing a motion or response to a motion in civil, family, excluding child support,
2.2and guardianship cases,
2.3 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
2.4injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
2.5specifically mentioned, $55.
2.6 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of
2.7judgment from another court, $40.
2.8 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
2.9of judgment, $5.
2.10 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
2.11name certified to.
2.12 (9) Filing and indexing trade name; or recording basic science certificate; or recording
2.13certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.
2.14 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
2.15 (11) For the deposit of a will, $27.
2.16 (12) For recording notary commission, $20.
2.17 (13) Filing a motion or response to a motion for modification of child support,
2.18a fee of $100.
2.19 (14) All other services required by law for which no fee is provided, such fee
2.20as compares favorably with those herein provided, or such as may be fixed by rule or
2.21order of the court.
2.22 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
2.23$75 must be assessed in accordance with section
2.24petition filed in district court to fund the fathers' adoption registry under section
2.25 The fees in clauses (3) and (5) need not be paid by a public authority or the party
2.26the public authority represents.
2.27 Sec. 2. Minnesota Statutes 2012, section 357.022, is amended to read:
2.28357.022 CONCILIATION COURT FEE.
2.29The court administrator in every county shall charge and collect a filing fee of
2.30 $....... from every plaintiff and from every defendant when the first paper for that party is
2.31filed in any conciliation court action. This section does not apply to conciliation court
2.32actions filed by the state. The court administrator shall transmit the fees monthly to the
2.33commissioner of management and budget for deposit in the state treasury and credit
2.34to the general fund.
3.1 Sec. 3. Minnesota Statutes 2012, section 357.08, is amended to read:
3.2357.08 PAID BY APPELLANT IN APPEAL.
3.3There shall be paid to the clerk of the appellate courts by the appellant, or moving
3.4party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
3.5mandamus, injunction, prohibition, or other original proceeding, when initially filed with
3.6the clerk of the appellate courts, the sum of
3.7An additional filing fee of $100 shall be required for a petition for accelerated review by
3.8the Supreme Court. A filing fee of
3.9courts upon the filing of a petition for review from a decision of the Court of Appeals. A
3.10filing fee of
3.11of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk
3.12of the appellate courts upon the filing by a respondent of a notice of review. The clerk
3.13shall transmit the fees to the commissioner of management and budget for deposit in the
3.14state treasury and credit to the general fund.
3.15The clerk shall not file any paper, issue any writ or certificate, or perform any service
3.16enumerated herein, until the payment has been made for it. The clerk shall pay the sum
3.17into the state treasury as provided for by section
3.18The charges provided for shall not apply to disbarment proceedings, nor to an
3.19action or proceeding by the state taken solely in the public interest, where the state is the
3.20appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
3.21to the parties before judgment, or furnished to the district judge whose decision is under
3.22review, or to such law library associations in counties having a population exceeding
3.2350,000, as the court may direct.
