Monday, September 28, 2009 SB 1685: NEW FEE Effective October 1, 2009, the District Clerk’s Office will be collecting a district court records archive fee of $5.00 on the filing of a suit, including an appeal from an inferior court, or a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition in a district court. Also, the Family Protection Fee of $10 that had been collected on divorce cases has increased to $15. A new fee schedule is attached to reflect these changes. This new schedule will be in effect until December 31, 2009. At that time, another fee schedule will be sent out in December when additional fees will become effective on January 1, 2010. NEW CIVIL COVER SHEETS The purpose of a cover sheet is to take the burden off district clerks in categorizing cases and make the attorney or pro se litigant responsible for identifying what type of case is being filed. The use of cover sheets will increase the accuracy of the monthly case activity reports that the district clerks submit to the Office of Court Administration (OCA.) A majority of states (27 states) require the use of civil cover sheets statewide and civil cover sheets have been used in the federal courts since 1974. At OCA’s request, the Supreme Court Advisory Committee, which advises the Supreme Court on rulemaking, is currently considering the promulgation of a Rule of Civil Procedure that will require an attorney or pro se litigant to submit a cover sheet when filing a civil or family law case. Last fall, the Judicial Council approved model cover sheets for civil and family cases, which can be modified for local use. OCA agreed with the Supreme Court Advisory Committee that a consolidated model cover sheet be developed. The proposed consolidated model cover sheet is attached. I would like to have these cover sheets accompany any new suits filed on or after October 1, 2009. FEE SCHEDULE OCTOBER 1, 2009 - DECEMBER 31, 2009 Base Filing Fees on New Cases Family Protection Fee Divorces ONLY $15.00 Filing Suit 50.00 State Fee 50.00 ($10 ILS) Family $45.00 ($5 ILS) Law Library 25.00 Court Reporter Fee 15.00 Records Preservation Fee 10.00 Judicial Support Fee 42.00 Security Fee 5.00 Sheriff/Bailiff Fee 5.00 Records Archive Fee 5.00 BVS Form 1.00 TOTAL BASE FEE: CIVIL = $207.00, DIVORCES = $218.00, OTHER FAMILY= $203.00 ISSUANCE AND SERVICE FEES: Abstract of Judgment, Citation, Execution, Garnishment, Notice, Precept, Sequestration, Subpoena, TRO, Writ, etc. (ea) $ 8.00 Service by Certified Mail 75.00 Sheriff Service in County 75.00 Writ of Executions/Possessions 100.00 + $25 per hour after 2 hours Service thru Sec of State or Comm of Insurance Per Service (1 orig & 2 copies w/petition attached) 55.00 ADOPTIONS & TERMINATIONS Base Fee $217.00 (TDHS $15 included) W/ Birth Certificate 264.00 (TDHS-$15, Birth Cert-$22, BVS-$25) CIVIL Base Fee $207.00 W/citation 215.00 W/citation & service 290.00 W/citation & TRO 223.00 W/citation, TRO & service 373.00 CONDEMNATION Filed by State – Base Fee $162.00 Base Fee 207.00 DIVORCE/ANNULMENT/VOID MARRIAGE Base Fee $218.00 Pro Se 223.00 W/citation 226.00 W/citation & service 301.00 W/citation & TRO 234.00 W/citation, TRO & service 384.00 ESSENTIAL NEED DRIVERS LICENSE Base Fee $217.00 EXPUNCTION Base Fee $207.00 Per Notice of Hearing 12.50 Per Final Order 12.50 (Includes postage by certified mail) FOREIGN JUDGMENT Base Fee $207.00 FORFEITURE CASES Base Fee $207.00 Fees may assess only if the seized amount exceeds$2500. NO fee may assess on cases filed by a Task Force. NAME CHANGE/ REMOVAL OF DISSABILITIES Base Fee $203.00 NON-DISCLOSURE Base Fee $230.00 PARENT CHILD RELATIONSHIP Base Fee $203.00 PROTECTIVE ORDERS – paid by respondent Base Fee $228.00 SEVERED ACTION Base Fee $207.00 TAX SUITS Base Fee $162.00 Excludes Court Reporter & Law Library TRANSFERRED CASES INTO HOUSTON COUNTY CIVIL, Venue $207.00 Family Law 45.00 (Clerk & Indigent Legal Service Fee) ADDITIONAL FEES CIVIL – Counterclaim $40.00 Cross-Action Intervention Motion for contempt Motion for New Trial rd 3 Party Petition FAMILY - Motion for Enforcement $20.00 Motion for License Suspension Motion to Modify Motion to Reverse Stay of Suspension Motion to Transfer Notice of Application of Writ Counterclaim $35.00 Cross Action Intervention Motion for Contempt Motion for New Trial rd 3 Party Petition MISCELLANEOUS FEES Capias Fee (enforcement) $ 8.00 Copies Certified per page 1.00 Non-certified per page 1.00 Non-record, use of machine, per page 1.00 Court Registry – Administration Expense On funds not earning interest 5% not to exceed 50.00 On funds earning interest 10% of Interest accrued $50.00 is excluded from funds generated in Family Law cases (9/1/99) Court Reporter Fee 15.00 Filing and approving Bond 4.00 Insufficient Check 25.00 Jury Fee 30.00 Mailing Order for License Suspension – from obligor only 5.00 Order of Sale (Sheriff) 8.00 Order or Writ of Withholding 15.00 Record Search 5.00 Re-issuance of any service of process 8.00 Note: No fee shall be charged for copies made from microfilm or other Electronic method for use by the Court.
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