COURTS
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107
mthugdahl@mnlsap.org
and
Ron Elwood, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 109
relwood@mnlsap.org

I. ATTORNEYS FEES IN STATE ACTIONS
Chapter 125 (HF 1529)
Amends Minn. Stat. § 15.471, subd. 5
Effective August 1, 2009

Lifts the cap of $125 per hour on attorneys fees provided to prevailing parties in non-tort civil actions or contested cases proceedings brought by or against the state.

II. COLLECTION OF COURT DEBTS
Chapter 83, Article 2, Section 28 (SF 802)
Adds Minn. Stat. § 480.15, subd. 10c
Effective August 1, 2009

Allows the State Court Administrator, under the direction of the Judicial Council, to contract with credit bureaus, public and private collection agencies, the Department of Revenue, and other public or private debt collectors to collect court debts plus collection costs. Exempts the courts from requirements to provide notice to the debtor under Minn. Stat. § 16D.07.

III. FEE INCREASES
Chapter 83, Article 2, Sections 21, 24, and 25 (SF 802)
Amends Minn. Stat. §§ 357.021, subd. 2; 357.022; and 357.08
Effective August 1, 2009

A. Appellate Courts
Raises from $500 to $550, an appellant's: (1) initial filing fee; (2) petition for review from a decision of the Court of Appeals; and (3) petition for permission to appeal.
Amends Minn. Stat. § 357.08

B. Civil Matters

Raises the fee for:

• the first paper filed by:
- a movant from $240 to $310;
- a movant in a marriage dissolution from $270 to $340;
- the party requesting a trial by jury from $75 to $100.
• filing:
- and docketing a transcript of judgment from another court from $30 to $40;
- a motion (or response to a motion) in civil, guardianship, and family (excluding child support) cases from $55 to $100;
- each partial, final, or annual account in all trusteeships from $40 to $55;
- a motion (or response to a motion) for modification of child support from $55 to $100;
- a return of an execution from $40 to $55.
• issuing:
- a subpoena from $12 to $16;
- an execution, or a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned from $40 to $55;
- a transcript of judgment from $30 to $4;
• a certified copy of any instrument from a civil or criminal proceeding from $10 to $14;
• an uncertified copy of any instrument from a civil or criminal proceeding from $5 to $8;
• the deposit of a will from $20 to $27;
Amends Minn. Stat. §§ 357.021, subd. 2

C. Conciliation Court
Raises the filing fee applicable to each plaintiff and defendant from $50 to $65.
Amends Minn. Stat. § 357.022

IV. JUDGMENT DEBTOR DISCLOSURE
Chapter 83, Article 2, Sections 32 and 36 (SF 802)
Amends Minn. Stat. §§ 491A.02, subd. 9; and 550.011
Effective August 1, 2009

Adds the judgment creditor's attorney, as an officer of the court, as an additionally authorized person to order a debtor to complete the form disclosing personal financial information.
Amends Minn. Stat. § 491A.02, subd. 9 (conciliation court cases)
Amends Minn. Stat. § 550.011 (district court cases)

V. JUDGMENT INTEREST RATE
Chapter 83, Article 2, Section 35 (SF 802)
Amends Minn. Stat. § 549.09, subd. 1
Effective August 1, 2009

Fixes the judgment interest rate on judgments or awards of more than $50,000 at 10% per year.

VI. POLICY ON DISPROPORTIONATE MINORITY CONTACT
Chapter 54, Article 3, Section 1 (HF1301)
Adds Minn. Stat. § 260B.002
Effective August 1, 2009

Declares as state policy to identify and eliminate barriers to racial, ethnic, and gender fairness within the criminal justice, juvenile justice, corrections, and judicial systems, in support of the fundamental principle of fair and equitable treatment under law.