12-284. Fees

(L18, Ch. 232, sec. 1)

A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows:

Class Description Fee

A Initial case filing fee

Tax case $ 166.00

Filing complaint, notice of appeal

under section 12-904 or petition 166.00

Filing intervenor 166.00

Additional plaintiffs 166.00

Filing foreign judgment 166.00

Ownership of real property becomes an

issue plaintiff 166.00

Appellant

(except under sections 12-1809 and 13-3602) 166.00

Change of venue to this county 166.00

Petition for change of name 166.00

Filing a process server application 166.00

B Subsequent case filing fee

Filing answer, notice of appearance

under section 12-907 or initial appearance $ 88.00

Additional defendants 88.00

Notice of appeal to appellate courts

(except under section 12-2107) 88.00

Cross-appeal by appellee (except under section

12-2107) 88.00

Ownership of real property becomes an

issue defendant 88.00

Jurisdiction exceeded appellee

(within 20 days of filing) 88.00

Response to show cause that does one or more

of the following:

1. Requests affirmative relief or

counterrelief

2. Attacks the sufficiency of process

or the proceedings

3. Takes other affirmative action 88.00

C Initial case filing fee

Filing petition for annulment $ 131.00

Filing for dissolution/legal separation petition 131.00

Petition in formal testacy or appointment

proceeding 131.00

Application for informal probate or informal

appointment 131.00

Petition for supervised administration petition

to appoint guardian 131.00

Petition to appoint conservator or make other

protective order 131.00

Opposing petition in testacy or appointment

proceedings or appointment of guardian or

conservator 131.00

Single estate application or petition under

title 14, chapter 3, section 14-3938 131.00

Domestic relations case for which a fee is not

specifically prescribed 131.00

D Subsequent case filing fee

Filing answer to annulment $ 66.00

Filing for dissolution/legal separation answer 66.00

Any person opposing contested petition if no

prior payment made 66.00

Postadjudication petitions in

domestic relations cases 66.00

Postjudgment activities in probate cases 66.00

E Minimum clerk fee

Filing power of attorney $ 26.00

Change of venue to another county transmittal

fee 26.00

Change of venue to another county pursuant to

section 12-404 transmittal fee 26.00

Filing transcript and docketing judgment from

any courts 26.00

Issuance of writs of: attachment, execution,

possession, restitution, prohibition and

enforcement of order of judgment-garnishment 26.00

Certified copy or abstract of marriage

application or license 26.00

Certificate of correctness of copy of record 26.00

Justice of peace certificate 26.00

Each certificate of clerk to any matter in

clerk's record not specifically provided 26.00

Filing any paper or performing any act for which

a fee is not specifically prescribed 26.00

Subpoena - (civil) 26.00

Research in locating a document (per year or

source researched) 26.00

Exemplification (per certification) 26.00

Authentication (per certification) 26.00

Seal a court file 26.00

Reopen a sealed court file 26.00

Retrieve bank records 26.00

Reel of film alpha index per year (plus per

page fee below) 26.00

Payment history report 26.00

Certification under one document certification 26.00

Civil traffic appeal 26.00

F Per page fee

Making copies (on appeal and on request)

per page $ .50

Making extra copies per page .50

Making photographic or photostatic copies

per page .50

Comparison fee of papers furnished by applicant

per page .50

Alpha index per page .50

G Special fees

Small claim tax case $ 22.00

Marriage license and return of a

marriage license 72.00

Postage and handling 7.00

Notary services 7.00

Stop payment on check 14.00

B. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services:

1. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original.

2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records.

3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy. Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication.

4. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate.

5. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document that, after administration of the oath, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk.

C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars for each filing of a postadjudication petition in a domestic relations case for which a fee presently is charged under class D in subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25-413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25-413.

D. Excluding the monies that are collected pursuant to subsection C of this section, each month the clerk shall transmit seventy-five percent of the monies collected for subsequent case filing fees for postadjudication petitions in domestic relations cases under class D in subsection A of this section to the county treasurer for deposit in the expedited child support and parenting time fund established pursuant to section 25-412. The remaining twenty-five percent of the monies collected pursuant to this subsection shall be distributed pursuant to section 12-284.03.

E. At the commencement of each action for annulment, dissolution of marriage, legal separation, maternity or paternity, the petitioner shall pay to the clerk of the court the initial case filing fee for the action provided in subsection A of this section. At the time of filing a response, the respondent shall pay to the clerk of the court the subsequent case filing fee for the action provided in subsection A of this section. In each county where the superior court has established a conciliation court, the petitioner and respondent shall each pay to the clerk a sixty-five dollar fee. The monies from the additional fee shall be used to carry out the purposes of the conciliation court pursuant to title 25, chapter 3, article 7.

F. In garnishment matters:

1. A fee shall not be charged for filing an affidavit seeking only the release of exempt wages.

2. A fee shall not be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment.

3. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that the garnishee shall not pay a clerk's fee.

G. A person who is cited to appear and defend an order to show cause shall not be charged an appearance fee. The person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid if the person is present in person or by an attorney and does one or more of the following:

1. Requests affirmative relief or counterrelief.

2. Attacks the sufficiency of process or the proceedings.

3. Takes other affirmative action.

H. A petitioner shall not be charged a fee for requesting an order of protection pursuant to section 13-3602 or an injunction against harassment pursuant to section 12-1809. A defendant shall not be charged an answer fee in an order of protection action if the defendant requests a hearing pursuant to section 13-3602, subsection L or in an injunction against harassment action if the defendant requests a hearing pursuant to section 12-1809, subsection H.

I. A person who files a registrar's order pursuant to section 32-1166.06 shall not be charged a fee.

J. The clerk of the court shall charge and collect a forty-six dollar filing fee for a petition for emancipation of a minor filed pursuant to chapter 15 of this title. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the emancipation administrative costs fund established by section 12-2456.

K. Except for monies that are collected pursuant to subsections C, D, E and J of this section, the clerk of the superior court shall transmit monthly to the county treasurer all monies collected pursuant to this section for distribution or deposit pursuant to section 12-284.03.

L. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.