Introduction
Certain sections of this Title, the filing fees for the Courts and the County Clerks, for example, have remained current. Other sections, including those pertaining to the service of subpoenas and the costs awarded in various courts, however, have not been updated. If the focus of the Legislature is maintaining the level of filing fees and similar items in this group of statutes, then the other sections may be appropriate for removal to avoid confusion.
The sections in question are included below. No changes have been made to this time. They are supplied simply for the convenience of the Commission.
22A:1-1.1. Payment of juror fees
a. Every person serving as a juror in New Jersey courts, whether as a grand or petit juror, shall receive, for each day's attendance at such courts, the sum of $5.
b. In addition to the amounts received pursuant to subsection a. of this section, each person serving as a juror, other than a person compensated pursuant to N.J.S.2B:20-16, shall be paid $35 for each consecutive day of attendance in excess of three days. For the purposes of this subsection, "consecutive" days of attendance shall be counted excluding Saturdays, Sundays, State holidays and days when a trial is in recess.
c. The Assignment Judge of the vicinage shall designate the method of juror payment. The Assignment Judge shall keep an account of all juror fees paid under this section and provide each juror with a statement of the number of days the juror served and the amount of fees to which the juror is entitled.
L.1993, c.275, s.19; amended 2001, c.38, s.1.
22A:1-4. Fees and mileage of witnesses and others
Witnesses and others hereinafter mentioned shall be entitled to the following fees:
Each witness attending any of the following, in his own county, per day of attendance, $2.00; a court; a joint committee of the Legislature, a standing committee of either house or any special committee, which shall have been, by resolution, directed to enter upon any investigation or inquiry, the purpose of which shall necessitate sending for persons and papers and the examination of witnesses; a commissioner or commissioners; a master; a referee; an arbitrator; an officer taking a deposition; or any proceeding issuing out of any court.
Each witness so attending from a foreign county, at the rate of $2.00 a day, together with, for each day of attendance, an allowance of $2.00 for every 30 miles of travel in going to the place of attendance from his place of residence and in returning.
For the Secretary of State, or any clerk attending on subpoena, with records, wills or other written evidence, at the rate of $2.00 a day, and mileage as aforesaid.
L.1953, c. 22, p. 380, s. 11. Amended by L.1968, c. 213, s. 1, eff. July 24, 1968; L.1971, c. 2, s. 10, eff. Jan. 15, 1971.
22A:1-5. Fees and mileage for service of subpoenas ad testificandum
For the service of subpoenas ad testificandum issued out of any of the courts of this State, there shall be allowed and paid as follows:
Serving each subpoena, thirty-five cents ($0.35).
Mileage, computed from the place where the subpoena is made returnable, for each mile actually traveled, four cents ($0.04).
The provisions of this section shall not apply to cases in behalf of the State where the officer serving such process is paid a salary or per diem.
L.1953, c. 22, p. 381, s. 11.
22A:1-6. Mileage for serving writs; computation
For serving a writ out of any court, no officer shall be allowed to receive or charge for mileage upon any greater number of miles from and to the courthouse of his county than shall have been actually and necessarily traveled by him in making such service.
L.1953, c. 22, p. 381, s. 11.
22A:1-7. Payment of fees dispensed with by reason of poverty
The payment of any fees to any court or clerk thereof may be waived or dispensed with by the court when a plaintiff, defendant, appellant, respondent, or other party, by reason of poverty, seeks relief therefrom.
L.1953, c. 22, p. 381, s. 11.
22A:2-1. Fees of clerk of supreme court
For services hereinafter mentioned, the Clerk of the Supreme Court shall be entitled to demand and receive the following fees:
Upon the filing or entering of the notice of appeal, notice of cross-appeal or notice of petition for certification, notice of cross-petition for certification or notice of petition for review, the appellant, cross-appellant, petitioner or cross-petitioner shall pay $200.00.
Upon the filing of the first paper in any motion, petition or application (including an order if it be the first paper), if not in a pending cause or if made after judgment entered, the moving party shall pay $30.00 shall cover all fees payable on such motion, petition or application down to and including filing and entering the order therein and taxation of costs.
L.1953, c.22, s.11; amended 1991, c.177, s.5; 1996, c.52, s.1; 2002, c.34, s.25.
22A:2-2. Costs in Supreme Court; counsellor's fees
Unless the court shall, in express terms, adjudge to the contrary, costs awarded in the Supreme Court shall be as follows:
Counsellors prevailing on a contested motion, petition (except a petition for certification) or application, whether or not in a pending cause, shall be entitled to a fee of ten dollars ($10.00) against the opposing parties;
For arguing a cause before the Supreme Court, counsellors shall be entitled to a fee of twenty-five dollars ($25.00);
Counsellors prevailing in opposition to a petition for certification, shall be entitled to a fee of ten dollars ($10.00);
All filing fees paid to the clerk of the court.
No costs shall be taxed for more than one counsellor on each side.
L.1953, c. 22, p. 385, s. 11.
22A:2-3. Order for payment of expenses
The Supreme Court may by general rule, or by a special rule in any action pending therein, make such order for the payment of the cost of the transcript and of printing the briefs, appendices, and other proceedings, and other disbursements and expenses by either party, and the taxation and allowance thereof in the bill of costs, as the court may deem just.
L.1953, c. 22, p. 385, s. 11.
22A:2-4. Ethics committees; process or orders without fees
Whenever any duly authorized ethics committee of a county or State bar association which has been recognized as such by the Supreme Court, shall make any application pursuant to the Rules of the Supreme Court, the clerk of said court shall issue process of subpoena, or any further orders pursuant to said rules, without requiring the payment of any fee for the same.
L.1953, c. 22, p. 384, s. 11.
22A:2-5. Appellate Division; fees, costs and allowances
In the Appellate Division of the Superior Court, the same fees, costs and allowances shall be paid and allowed as are provided with respect to the Supreme Court by this article.
L.1953, c. 22, p. 386, s. 11.
22A:2-6. Filing first paper in Law Division; motions; clerk's fees
Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk $200.00 for the first paper filed by him, which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk $200.00 for the first paper filed by him. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk $135.00 for the first paper filed by him.
Any person filing a motion in any action or proceeding shall pay to the clerk $30.00.
L.1953, c.22, s.11; amended 1955, c.6, s.1; 1965, c.76, s.1; 1968, c.124, s.1; 1970, c.107, ss.1,6; 1980, c.80, s.1; 1991, c.177, s.6; 1993, c.275, s.10; 1996, c.52, s.2; 2002, c.34, s.26.
22A:2-7. Law division of Superior Court; other fees; use
a. Upon the filing, entering, docketing or recording of the following papers, documents or proceedings by either party to any action or proceeding in the Law Division of the Superior Court, the party or parties filing, entering, docketing or recording the same shall pay to the clerk of said court the following fees:
Filing of the first paper in any motion, petition or application, if not in a pending action or proceeding under section 22A:2-6 of this Title, or if made after dismissal or judgment entered other than withdrawal of money deposited in court, the moving party shall pay $30.00 which shall cover all fees payable on such motion, petition or application down to and including filing and entering of order therein and taxation of costs.
For withdrawal of money deposited in court where the sum to be withdrawn is less than $100.00, no fee; where the sum is $100.00 or more but less than $1,000.00, a fee of $5.00; where such sum is $1,000.00 or more, a fee of $10.00.
Entering judgment on bond and warrant by attorney and issuance of one final process, $15.00 in lieu of the fee required by section 22A:2-6 of this Title.
Recording of judgment in the civil judgment and order docket, $35.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.
Docketing judgments or orders from other courts or divisions except from the Special Civil Part, including Chancery Division judgments, $35.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section and except that no fee shall be paid by any municipal court to docket a judgment of conviction and amount of assessment, restitution, fine, penalty or fee pursuant to subsection a. of N.J.S.2C:46-1.
Docketing judgments or orders from the Special Civil Part, $10.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.
Satisfaction of judgment or other lien, $35.00.
Recording assignment of judgment or release, $5.00.
Issuing of executions and recording same, except as otherwise provided in this article, $5.00.
Recording of instruments not otherwise provided for in this article, $5.00.
Filing and entering recognizance of civil bail, $5.00.
Signing and issuing subpoena, $5.00.
b. Moneys collected under the provisions of subsection a. of this section for the recording and docketing of judgments and satisfactions of judgments or other liens shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994, the moneys collected under the provisions of subsection a. shall be for use by the State.
L.1953, c.22, s.11; amended 1975, c.340, s.1; 1991, c.177, s.7; 1993, c.275, s.11; 1994, c.81, s.1; 1995, c.135, s.10; 2002, c.34, s.27.
22A:2-8. Bill of costs; disbursements included
A party to whom costs are awarded or allowed by law or otherwise in any action, motion or other proceeding, in the Law Division or Chancery Division of the Superior Court is entitled to include in his bill of costs his necessary disbursements, as follows:
The legal fees of witnesses, including mileage for each attendance, masters, commissioners and other officers;
The costs of taking depositions when taxable, by order of the court;
The legal fees for publication where publication is required;
The legal fees paid for a certified copy of a deposition or other paper or document, or map, recorded or filed in any public office, necessarily used or obtained for use in the trial of an issue of fact or the argument of an issue of law, or upon appeal, or otherwise;
Sheriff's fees for service of process or other mandate or proceeding;
All filing and docketing fees and charges paid to the clerk of court;
Such other reasonable and necessary expenses as are taxable according to the course and practice of the court or by express provision of law, or rule of court.
L.1953, c. 22, p. 388, s. 11.
22A:2-9. Law Division of Superior Court; costs awarded
Costs awarded to any party in any action, motion or proceeding in the Law Division of the Superior Court, whether he be plaintiff, defendant, third-party plaintiff or in any manner a party therein, shall be as follows:
For all proceedings down to and including final judgment when there has been a trial of an issue of fact, fifty dollars ($50.00).
Upon the entry of judgment final, by default, or upon consent, stipulation, or admissions, or upon the pleadings, or by summary judgment or on dismissal, in all actions or proceedings, to the moving party, forty dollars ($40.00).
Upon a voluntary dismissal either by stipulation or by order of court, or in any proceeding which has not proceeded to final judgment, twenty dollars ($20.00).
Upon any other litigated or special motion, subsidiary or interlocutory, in addition to necessary disbursements as provided by section 22A:2-8 of this Title, not exceeding fifteen dollars ($15.00).
Upon an appeal to the Law Division of the Superior Court, ten dollars ($10.00).
In proceedings after judgment in aid of execution, if the court determines that the result of the examination shows that such proceedings were well-founded, it may direct that the moving party be allowed in addition to his necessary disbursements, as provided by section 22A:2-8 of this Title, fifteen dollars ($15.00).
If the examination shows that said proceedings were not well-founded, the court may direct that the party against whom such proceedings were taken be allowed, in addition to such disbursements, ten dollars ($10.00).