Changes to Fee Waiver Statute

All staff and pro bono attorneys working through civil legal aid organizations should be aware of the statutory changes to the court fee waiver process that were put in place in 2024. Both the legislature and the courts have moved away from the Latin “in forma pauperis” or “IFP” and now use “fee waiver” for more clarity. In addition, Minn. Stat. § 563.01 subd. 3 now includes multiple ways for low-income clients represented by civil legal aid to receive a fee waiver in their court case. They are:  

• The traditional process requiring clients to sign the fee waiver form for court review before pleadings are filed. These fee waiver forms were updated to be more user friendly in 2023 and more information can be found on the court website.

• A new process that allows attorneys to complete an affidavit in lieu of getting the fee waiver form signed by the client. The courts have created the Affidavit of Attorney for Court Fee Waiver (form FEE116) for this purpose. This new affidavit process was available on a pilot basis in several judicial districts before the statute was amended, and many civil legal aid attorneys reported significant time savings using the affidavit compared to getting a fee waiver form signed by the client.

• A new process that allows attorneys to make an oral attestation during a court proceeding by stating that civil legal services or volunteer attorney program services are being provided to the client and the fees should therefore be waived. This may be useful in court settings where the attorney representation begins on the day of a court hearing.