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FEE_SCHEDULE

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FEE_SCHEDULE Powered By Docstoc
					                           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.