Minnesota Statutes

Minn. Stat. § 549.02 (2026)

Costs

✓ current as of May 2026
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Subdivision 1.District court.

In actions commenced in the district court, costs shall be allowed as follows:

To plaintiff: (1) Upon a judgment in the plaintiff's favor of $100 or more in an action for the recovery of money only, $200. (2) In all other actions, including an action by a public employee for wrongfully denied or withheld employment benefits or rights, except as otherwise specially provided, $200.

To defendant: Upon discontinuance or dismissal or when judgment is rendered in the defendant's favor on the merits, $200.

To the prevailing party: $5.50 for the cost of filing a satisfaction of the judgment.

This section does not apply to actions removed to district court from conciliation court.

Subd. 2.On appeal.

Upon a judgment on the merits on appeal to the court of appeals or supreme court, additional costs in the amount of $300 shall be allowed to the prevailing party.

Subd. 3.Limitation.

Notwithstanding subdivisions 1 and 2, where the state agency is named or intervenes as a party to enforce the agency's rights under section 256B.056, the agency shall not be liable for costs to any prevailing defendant.

Notes of Decisions
Cited in 31 cases, 1957–2020 · leading case: Lienhard v. State, 431 N.W.2d 861 (Minn. 1988).
Lienhard v. State, 431 N.W.2d 861 (Minn. 1988). · cites it 7× “ijc * S|C ⅜ * * To put it concretely, if the State were determined to be liable in tort for damages in an amount which did not implicate the $100,000 limitation — for example, $25,000— then the State, like any private person, would be liable for statutory costs pursuant to Minn.”
650 North Main Ass'n v. Frauenshuh, Inc. (Territorial Springs Riverview, LLC, Frauenshuh Sweeney, LLC), Kraus-Anderson Constr. Co., Doe Affiliates 1-20, & Kraus-Anderson Constr. Co., & Third Party v. Berwald Roofing Co., Inc., Third Party, 885 N.W.2d 478 (Minn. Ct. App. 2016). · cites it 14× “4-116(b) refers to costs recoverable under Minn.Stat. § 549.02. Section 549.02 provides that “[u]pon a judgment in the plaintiffs favor of $100 or more in an action for recovery of money only,” a plaintiff may recover $200 in.”
Nieszner v. St. Paul Sch. Dist. No. 625, 643 N.W.2d 645 (Minn. Ct. App. 2002). · cites it 11× “Pursuant to Minn.Stat. § 549.02 (2000), costs and disbursements are available to the "prevailing party" in all cases in district court.”
Posey v. Fossen, 707 N.W.2d 712 (Minn. Ct. App. 2006). · cites it 8× “The district court concluded that respondent, who was the third-party defendant in the underlying negligence action, was the prevailing party as to appellants, the third-party plaintiffs below, and thus was entitled to an award of costs and disbursements from appellants under…”
Watson v. United Servs. Auto. Ass'n, 566 N.W.2d 683 (Minn. 1997). · cites it 2× “The court ordered Ehzabeth Watson to pay USAA costs and disbursements based upon the mandatory language of Minn.Stat. §§ 549.02 and 549.04 (1996). The court also ordered Keith Watson to reimburse USAA for the full $10,000 advancement, plus interests, costs, and disbursements,…”
Specialized Tours, Inc. v. Hagen, 392 N.W.2d 520 (Minn. 1986). · cites it 2× “By following the statute, Minn.Stat. § 549.02 (1982) and Minn.Stat.”
HNA Props. v. Moore, 848 N.W.2d 238 (Minn. Ct. App. 2014). · cites it 23× “Appellant argues that the district court: (1) erred by finding that she is not entitled to costs under Minn.Stat. § 549.02, subd. 1, because the case was dismissed; (2) abused its discretion by finding that she is not entitled to costs because she is not the prevailing party;…”
Lake Superior Ctr. Auth. v. Hammel, Green & Abrahamson, Inc., 715 N.W.2d 458 (Minn. Ct. App. 2006). · cites it 2× “Minn.Stat. §§ 549.02 (2004), 549.04 (Supp.”
James Ariola, as next of kin of, & Tr. for, the Est. of Jack Ariola Erenberg, his son, & the Class of Beneficiaries, Pursuant to Minn. Stat. 573.02 v. The City of Stillwater, Minnesota, 889 N.W.2d 340 (Minn. Ct. App. 2017). · cites it 2× “” Minn. Stat. § 549.02 , subd. 1 (2016). But district courts have limited discretion in awarding costs and disbursements against trustees: In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or person expressly authorized by statute,…”
Grain Dealers Mut. Ins. Co. v. Cady, 318 N.W.2d 247 (Minn. 1982). · cites it 2× “52, 54 (1922); Minn.Stat. § 549.02 (1980); Minn.Stat. § 549.”
Borchert v. Maloney, 581 N.W.2d 838 (Minn. 1998). · cites it 2× “Minnesota Statutes section 549.02 provides that costs shall be allowed as follows: "Upon a judgment in the plaintiff's favor of $100 or more in an action for the recovery of money only, $200.”
Crince v. Kulzer, 498 N.W.2d 55 (Minn. Ct. App. 1993). · cites it 4× “They argue that they should have been awarded costs and disbursements pursuant to Minn.Stat. §§ 549.02, 549.04 (1990). Their summary judgment motion included a request for costs and disbursements.”
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