Minn. Gen. R. Prac. 356.02

As amended through July 3, 2024
Rule 356.02 - Waiver of Fees

If a party indicates an inability to pay any fee required under Rule 356.01, the court administrator shall explain that the party may apply for permission to proceed without payment of the fee. Upon request, the court administrator shall provide to such a party an application to proceed in forma pauperis. If a party signs and submits to the court administrator an application to proceed without payment of the fee, and such a request to waive the fee is approved by a child support magistrate or other judicial officer, the court administrator shall not charge and collect the fee.

Minn. Gen. R. Prac. 356.02

Amended effective 11/22/2023.

Advisory Committee Comment

Minnesota Statutes § 563.01, subdivision 3 (2000), provides that "the court shall allow the person to proceed in forma pauperis" if the court makes certain findings. Under this statute, only judicial officers, and not court administrators, are authorized to issue orders granting in forma pauperis status.

Advisory Committee Comment-2023 Amendments

Rule 356.02 is modified in 2023 to recognize that under local practice in forma pauperis requests may be reviewed and signed by either a magistrate, a referee, or a judge.

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