§
Subdivision 1.Representation by counsel.
In all proceedings under sections 257.51 to 257.74, any party may be represented by counsel. The county attorney shall represent the public authority. In proceedings under sections 257.51 to 257.74, the court shall appoint counsel for a party who would be financially unable to obtain counsel under the guidelines set forth in section 611.17. The representation of appointed counsel is limited in scope to the issue of establishment of parentage.
§
Subd. 2.Guardian ad litem; legal fees.
(a) The court may order expert witness and guardian ad litem fees and other costs of the trial and pretrial proceedings, including appropriate tests, to be paid by the parties in proportions and at times determined by the court. The court shall require a party to pay part of the fees of court-appointed counsel according to the party's ability to pay, but if counsel has been appointed the appropriate agency shall pay the party's proportion of all other fees and costs. The agency responsible for child support enforcement shall pay the fees and costs for blood or genetic tests in a proceeding in which it is a party, is the real party in interest, or is acting on behalf of the child. However, at the close of a proceeding in which paternity has been established under sections 257.51 to 257.74, the court shall order the adjudicated father to reimburse the public agency, if the court finds he has sufficient resources to pay the costs of the blood or genetic tests. When a party bringing an action is represented by the county attorney, no filing fee shall be paid to the court administrator.
(b) In each fiscal year, the commissioner of management and budget shall deposit guardian ad litem reimbursements in the special revenue fund and credit them to a separate account with the State Guardian Ad Litem Board. The balance of this account is appropriated to the State Guardian Ad Litem Board and does not cancel but is available until expended. Revenue from this account must be spent in the judicial district in which the reimbursement is collected.
§
Subd. 3.Inability to pay for transcript.
If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1981–2025 · leading case:
Schmitz v. Stransky, 454 N.W.2d 455 (Minn. Ct. App. 1990).
Schmitz v. Stransky, 454 N.W.2d 455 (Minn. Ct. App. 1990).
· cites it 44× “Stransky now argues that Minn.Stat. § 257.69 is unconstitutional because it violates equal protection by conferring privileges upon custodial parents during paternity actions and that the statute violates the Civil Rights Act of 1964 and the Minnesota Human Rights Act by…”
Pitkin v. Gross, 385 N.W.2d 367 (Minn. Ct. App. 1986).
· cites it 12× “Minn.Stat. § 257.69, subd. 1. Thus, appellant in this case had an option to be represented by the county attorney at no cost to her.”
Latourell v. Dempsey, 518 N.W.2d 564 (Minn. 1994).
· cites it 11× “Latourell moved for appointment of counsel pursuant to Minn.Stat. § 257.69, subd. 1 (1992), and submitted an affidavit of indigency.”
Christianson v. Henke, 831 N.W.2d 532 (Minn. 2013).
· cites it 2× “” Minn.Stat. § 257.69, subd. 1 (2012). As we held in Latourell, the question of whether indigent parties receive counsel in determining parentage under the Parentage Act turns on whether the underlying dispute constitutes a "proceeding.”
LaChapelle v. Mitten, 607 N.W.2d 151 (Minn. Ct. App. 2000).
· cites it 4× “Minn.Stat. § 257.69, subd. 2 (Supp.1999).”
Little v. Streater, 452 U.S. 1 (1981).
“716 (e) (1970); Minn. Stat. § 257.69 (2) (1980); N. D. Cent.”
Nash v. Allen, 392 N.W.2d 244 (Minn. Ct. App. 1986).
· cites it 4× “Minn.Stat. § 257.69 (1984) states: If the child receives public assistance and no conflict of interest exists, the county attorney shall also represent the custodial parent.”
In re the Civil Commitment of Moen, 837 N.W.2d 40 (Minn. Ct. App. 2013).
· cites it 2× “1994), superseded by statute, Minn. Stat. § 257.69 , subd. 1 (2012), as recognized in In re D.”
Morey v. Peppin, 353 N.W.2d 179 (Minn. Ct. App. 1984).
· cites it 2× “Minn.Stat. § 257.69(1) (1982). In a custody dispute resolved under Minn.”
McNeal v. Swain, 477 N.W.2d 531 (Minn. Ct. App. 1991).
· cites it 2× “” Minn.Stat. § 257.69, subd. 1 (1990). A proceeding to determine past support is one under section 257.”
— Minn. Stat. § 257.69(1) — 1 case
Morey v. Peppin, 353 N.W.2d 179 (Minn. Ct. App. 1984).
“Minn.Stat. § 257.69(1) (1982). In a custody dispute resolved under Minn.”
— Minn. Stat. § 257.69(2) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.