Rule 356.Fees
Last amended November 22, 2023 · Last verified July 1, 2026
Full Text of Rule 356
Advisory Committee Comments
Advisory Committee Comment – 2023 Amendments
Rule 356.01 is modified in 2023 to require an approved fee waiver or payment of fees 7 days prior to a hearing to allow court staff time to remove cases from the calendar that are not going to be able to proceed due to failure of payment.
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.
Amendment History
- (Amended effective November 22, 2023.)
- (Amended effective November 22, 2023.)
Plain-English Summary
Rule 356 puts the court administrator, not a judge or magistrate, in charge of collecting the fees that Minnesota Statutes require in an expedited process case. The rule does not set the fees itself; it directs the administrator to charge and collect whatever the statutes establish.
Timing matters here too. A party has to pay whatever fee applies, or have a fee waiver approved, at least 7 days before the hearing is scheduled to happen.
A party who cannot afford a fee still has a path forward. The court administrator can provide an application to proceed without paying, commonly called proceeding in forma pauperis, though only a magistrate or other judicial officer, not the administrator, can approve that request.
Frequently Asked Questions
Who collects fees in an expedited child support case?
The court administrator collects the fees that Minnesota Statutes require, rather than the child support magistrate handling the case.
By when does a filing fee have to be paid before a hearing?
The fee must be paid, or a fee waiver approved, at least 7 days before the scheduled hearing date.
What can I do if I cannot afford the filing fee?
Ask the court administrator for an application to proceed without paying the fee, sometimes called proceeding in forma pauperis. A magistrate or other judicial officer reviews and decides whether to approve it.
Can a court administrator waive a filing fee without anyone else's approval?
No. Only a child support magistrate or another judicial officer can approve a request to waive a fee; the court administrator's role is limited to providing the application and collecting fees that are owed.
Why does Rule 356 set the fee deadline 7 days before the hearing rather than at the hearing itself?
The rule itself does not say. An Advisory Committee Comment explains that the 7-day deadline is meant to give court staff time to remove a case from the calendar if a fee issue has not been resolved, but that rationale is drafting history rather than part of the rule's own text.
Advisory Committee Comment
Minnesota Statutes § 357.021, subdivision 2 (2000), establishes the various fees that must be charged and collected by court administrators. Specifically included is a filing fee, which is to be charged and collected from a party upon the filing of that party’s first paper in the proceeding. Also included is a modification fee, which is to be paid upon the filing of a motion to modify support and upon the filing of a response to such a motion.