Title 22A
Introduction
Title 22A contains, in sections 22A:1-1.1and through 22A:2-44, the general fees pertaining to civil actions and probate actions and, in sections 22A:3-4throughand 22A:3-6, the general fees pertaining to criminal actions, and, in 22A:4 other provisions regarding various fees and the disposition of fees.
The updating of this Title has been inconsistent. Certain sections of the Title, the filing fees for the Courtcourts and the County county Clerksclerks, 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. One example of this is the mileage reimbursement rate which, in New Jersey, is still $0.04/mile. 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. If those other sections are to remain a part of the statute, then it appears appropriate to update them to include rational fees and current terminology.
A brief comparison of the New Jersey fees with those imposed by the states of Delaware, Connecticut, New York and Pennsylvania (with those states ranked in order from highest fees to lowest) suggests that New Jersey’s fees are among the highest.
Some of the sections included in the present statute have been proposed for removal as anachronistic, others have been reorganized.
Initially, the many smaller sections were consolidated into several larger sections of the statute. The level of consolidation, however, did not make the statute easier to read, or make it simpler to locate provisions of interest. The statute has been reorganized again for this draft in an effort to develop a flow from the inception of an action through the conclusion. More work needs to be done in that area, but this draft represents the initial preliminary effort.
Other changes to the statute were made in response to informal comments received. There remains work to be done on this project. Significant changes to the language would improve the section. To this time, however, the focus has been on the structure and substance of the section. In addition, the sections of the statute pertaining to probate have not been revised yet, and will be for the next draft.
Not all of the changes to the language are indicated by underlining or strikeout. For ease of review, however, changes to dollar amounts are reflected in that manner.
This memorandum represents the latest preliminary draft of this project and includes all of the sections of Title 22A for the first time. Initially, the scope of the project was intended to include only the general fees pertaining to civil and probate actions. After those sections were reviewed, it seemed appropriate to include the fees pertaining to criminal actions. With those chapters (which represent the bulk of the Title) included, it seemed appropriate to include the remaining provisions of the Title, some of which were appropriate for consolidation with earlier sections. Additional work remains to be done on both the substance and the format of the Title.
General – Applicable to All Sections
22A:1-1a. Definitions
a. First Paper:
b. Governmental Agent:
c. b.Motion:
d. c.Poverty:
COMMENT
This section is new. Terms that require definition will be included here. The above terms were suggested for inclusion. It appears that instead of defining “first paper” it might be easier to simply use an alternate, more descriptive term in the statute since this one seems to be causing unnecessary confusion.
It does not seem that motion needs to be defined here as it is defined elsewhere. Poverty is not defined in 22A:1-7, although it is used there, and a definition might be useful. We are awaiting a proposed list of terms that require definition, and that list will be reviewed and incorporated as appropriate.
General Civil
22A:1-71-7. General provisions regarding feesPayment or waiver of fees
a. Attorneys for the parties shall be liable and responsible for all fees charged to their respective clients by the Cclerks of the SSupreme CCourt and the SSuperior CCourt, unless the court directs otherwise.
b. All fees allowed by law for the services of the Supreme Court, Superior Court, and any justice or judge thereof, whether such services be performed in open court or in chambers, shall be taxed, collected and accounted for by the clerks of the respective courts in the same manner as fees allowed to such clerks.
a.The payment of any fees to any New Jersey Court or its Clerk thereof may be waived or dispensed with by the Court when any if a party, by reason of demonstrates its poverty and seeks the appropriate relief therefrom.
b.The collection of any fee provided for by included in this chapter may be waived in particular circumstances by general rule or special order of the Supreme Court, or by an order of any court made pursuant to authority granted by a rule of the Supreme Court.
cbc. No charge shall be made by tThe Clerk clerk of any Court court shall not charge any New Jersey State officer paid from State funds and conducting State business, or a State department, board, body or commission for the filing of any paper or the rendering of any service for which a fee is provided by this chapternormally charged.when the party filing the paper or requesting the service is a State officer paid from State funds and conducting State business, or a State department, board, body or commission.
d. Unless otherwise indicated, no service shall be performed unless the specified fee is paid.
dce. The Cclerk of the Ccourt shall issue process, subpoena, or any other order, without requiring the payment of a fee, Wwhenever any duly authorized ethics committee of a County county or Sstate bar Bbar association Aassociation within the State, which has been recognized as such by the Supreme Supreme CourtCourt, shall makes any application pursuant to the Rules of the Supreme Court,.
f. The payment of fees to any New Jersey court or its clerk may be waived by the court if a party demonstrates its poverty and seeks the appropriate relief.
g. The collection of any fee included in this chapter may be waived in particular circumstances by general rule or special order of the Supreme Court, or by an order of any court made pursuant to authority granted by a rule of the Supreme Court.
h. In any cause or proceeding in which the papers filed with the clerk of the Superior court shall be exceptionally numerous or other work done by the clerk shall be exceptionally onerous, the clerk may make application to the court, on notice, for an order fixing and allowing a reasonable additional fee to be paid for the use of the State. The court may make an order fixing and allowing such additional fee, if any, as shall be deemed just and reasonable under the circumstances and directing how and by whom the fee shall be paid.
the clerk of the court shall issue process of subpoena, or any further orders, without requiring the payment of any fee.
History of (a): L.1953, c. 22, p. 397, s. 11.
e. Attorneys for the respective parties shall be liable and responsible for all fees charged to their respective clients by the Clerk of the Supreme Court and the Clerk of the Superior Court, unless the court otherwise directs otherwise.
History of (a): L.1953, c. 22, p. 381, s. 11.
History of (b): L.1953, c. 22, p. 397, s. 11.
History of (cb): L.1953, c. 22, p. 397, s. 11.
History of (dc): L.1953, c. 22, p. 384, s. 11.Source: 22A:1-7; 22A:2-3; 22A:2-4; 22A:2-21; 22A:2-22; 22A:4-16.
History of (e): L.1953, c. 22, p. 397, s. 11.
COMMENT
This section contains general provisions consolidated from various sections of the statute. Subsection (a) remains substantively unchanged and no change is contemplated.
Subsections(a) (the former 22A:2-21), , (bb) (the former 22A:2-23),(the former 22A:4-16), (c) (c) (the former section 22A:2-22) and , (dcd) (the former section 22A:2-4), (e) (the former 22A:1-7) and (f) (the former 22A:2-3)and (e) (the former 22A:2-21) remain substantively unchanged (although the language was updated slightly). and no further change is contemplated.Those sections were enacted in 1953 and not modified since that time.
It is not clear whether the waiver and non-waiver provisions should be included in the same section or separated.
It is not clear The question has been raised as to who will pay for things like fees for service and advertising if the Ccourt is able to waive those fees.
22A:2-3. Order for payment of expenses and costs
a. The Supreme Court may provide for the payment of the cost of the transcript, and of printing the briefs, appendices, and other disbursements and expenses by either party and allow it to be taxed in the bill of costs, as the court deems just.
b. A party to whom costs are awarded or allowed in the Law or Chancery Divisions of the Superior Court is entitled to include in the bill of costs the necessary disbursements, as follows:
(1) The statutory witness fee;
(2) The costs of taking depositions, when taxable by order of the court;
(3) The costs for publication where publication is required;
(4) The costs paid for a certified copy of a document or a map, recorded or filed in any public office, obtained for use in a trial or any other proceeding;
(5) Sheriff's fees for service of process or other documents;
(6) All filing and docketing fees paid to the clerk of court;
(7) Other reasonable and necessary expenses taxable according to the course and practice of the court, or by express provision of law or rule of court.
Source: 22A:2-3; 22A:2-8.
COMMENT
Subsection (a) is the former 22A:2-3. It remains substantively unchanged. References to general and special rules in that section have been removed.
Subsection (b) is the former 22A:2-8. In (b)(1), the phrase “statutory witness fee” replaces “legal fees of witnesses, including mileage for each attendance” and the reference to “masters, commissioners and other officers” was stricken. In (b)(3) and (b)(4), the term “legal fee” has been replaced with “costs” to make it clear that it covers the cost of the publication or the document, not the fee paid to an attorney associated with the publication or procurement of the document. In (b)(4) “deposition or other paper or document” was replaced with “document”. In (b)(4) the phrase “necessarily used or obtained for use” was replaced with “obtained for use”. In (b)(4) the phrase “in a trial of an issue of fact or the argument of an issue of law” was replaced with “in a trial or other proceeding”. In (b)(5) the term “document” was substituted for “mandate or proceeding”. In (b)(6) the words “and charges” were removed after “fees”.
22A:1-7a. Waiver of fees
a. The payment of fees to any New Jersey Court or its Clerk may be waived by the Court if a party demonstrates its poverty and seeks the appropriate relief.
b. The collection of any fee included in this chapter may be waived in particular circumstances by general rule or special order of the Supreme Court, or by an order of any court made pursuant to authority granted by a rule of the Supreme Court.
History of (a): L.1953, c. 22, p. 381, s. 11.
History of (b): L.1953, c. 22, p. 397, s. 11.
COMMENT
Subsections (a) and (b) (the former 22A:2-23) remain substantively unchanged although the language has been modified. The waiver and non-waiver sections pertaining to fees, although previously consolidated, have been separated at the recommendation of the Commission.
22A:2-72-7. Filing fees for the first paper in Law or Chancery DivisionInitial filing fees n Superior Court , payable to the Superior Court Clerk
Except as set forth in 22A:2-37.1 and in probate cases, Tthe amount to be paid to the Clerk for the filing of the first paperin any action, except in probate cases, in the Law Division or the Chancery Divisions of the Superior Court, including Tax Court,, which shall cover all fees payable in that action through and including, the entry of final judgment, taxation of costs, copy of costs, and the issuance and recording of final process, except as may be otherwise provided herein, by law, or by the rules of court. The amounts paid by the parties shall be:
a. The By the plaintiff, $250.
b. By any person filing an answer with a counterclaim or a third party claim, $250.
c. By any person other than the plaintiff filing any other paper, including a third-party complaint, $135.
d. In Tax Court, there shall be no filing fee charged for a counterclaim or responsive pleading filed by the taxing district.
d.The fee for fFiling of the first paper in any motion, petition or application, if not in a pending action or if made after dismissal or judgment entered, other than withdrawal of money deposited in court, shall be $30.
History of (a)(1) and (b): L.1953, c.22, s.11; amended 1957, c.224; 1965, c.123, ss.7,11; 1967, c.113; 1980, c.58, s.2; 1985, c.422, s.4; 2001, c.370, s.2; 2002, c.34, s.31; 2004, c.108, s.3.Source: 22A:2-7; 22A:2-12; 22A:2-13; 22A:5-1.
COMMENT
The word “proceeding” was eliminated in the first sentence as redundant and potentially confusing.
The fee for the filing of the first paper (set forth in subsection (b))) was raised to $250 to make the initial filing in most of the Ccourts consistent. and the motion fee was already the same in the Supreme Court and the Appellate Division as it is in the Law and Chancery Divisions.
The Chancery Division language was imported from Sections 22A:2-12 and 22A:2-13 so that the Law Division and Chancery Division sections could be combined. It appears that continuing the practice of separate provisions for those two Divisions was more a historical artifact than a practical necessity, so they have been combined in this section. The underlined language in the second subsection is probably unnecessary since the reference is made to proceedings in the Chancery Division, but was included to make it clear that all Superior Court proceedings other than probate proceedings were covered by this section. The fee for the filing of the first paper was raised to $250 to make the initial filing in most of the Ccourts consistent.
22A:5-1. Tax court; fees; payment; disposition
a. The filing fee for commencement of proceedings in the Tax Court, other than proceedings in the Small Claims Division, shall be the same as proceedings in the Superior Court, Law Division, except that a taxing district shall not be required to pay a filing fee upon the filing of a counterclaim or any responsive pleading.
b. Additional fees, the reduction or waiver of fees for particular classes of cases, and the fees for the Small Claims Division of the Tax Court, shall be established by the Rules of the Supreme Court.
c. No proceeding shall be heard by the Tax Court unless the fees are paid.
d. All fees shall be payable to the clerk of the Tax Court for the use of the State, and shall not be refundable except as specifically provided by the Rules of the Supreme Court.
COMMENT
History: L.1993, c. 74, § 2, eff. March 12, 1993.
This section remains unchanged, and no change is contemplated.
22A:2-7a2-7a. Filing fees for other papers, payable to the Superior Court Clerkfiled during an action
Upon the filing, entering, docketing, or recording of the following papers or documents by any party to any action in the Law,Division or the Chancery or Appellate Divisions of the Superior Court, or the Supreme Court, as appropriate, the party shall pay to the clerk the following fees:
a. MotionMotion, , $30.
b. The fee for filing of the first paper in any motion, petition or application, if not in a pending action or if made after dismissal or judgment entered, other than withdrawal of money deposited in court, shall be $30.
c. Order to show cause, $45.
d. Transfer of action from Law Division to Special Civil Part, no charge. Transfer of an action from Special Civil Part to Law Division, $45.
e. Signing and issuing a subpoena. $5.
b. Withdrawal of money deposited in court where the sum to be withdrawn is:
(1)less than $100, no fee;
(2)$100 or more but less than $1,000, $5;
(3)$1,000 or more, $10.
c.Entering judgment on bond and warrant by attorney and issuance of one final process, or recording of judgment in the civil judgment and order docket, or satisfaction of judgment or other lien, $35.
d.Docketing judgments or orders from other courts or divisions except from the Special Civil Part, $35. except that n 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 2C:46-1(a).
e.Docketing judgments or orders from the Special Civil Part, $10.
fc. Affixing the seal Sseal of the Court to any document; , an exemplification; , a warrant of satisfaction; , a master’s certificate certifying the master’s appointment; , recording assignment of judgment or release; , issuing and recording executions (except as otherwise provided); ), or signing and issuing subpoena, $5.
gd. Recording of instruments not otherwise provided forspecified in this article, or and all other papers or services provided by the clerk, $5.
he. Bonds, bail, recognizancesrecognizance:
(1) Recording all official bonds with
acknowledgment and proof of their execution
thereof$9 $10
(2) Filing all papers related to recognizance or
civil bail$30
(3) Filing discharge, attachment bond$9 $10
(4) Filing and recording filiation bond$9 $10
(5) Filing satisfaction of or order discharging
filiation bond$9 $10
(6) Recording or discharging sheriff's bond$9 $10
if. Commissions on appeals accounts and deposits for security for costs- : 2% on $100 or less; 1 1/2% on any the excess of $100.
jg. Commissions on paying out trust fund accounts (including all funds, moneys or other assets brought into and deposited in court): - 2 1/2% on the first $100; 2% on the next $900; 1 1/2% on the excess over of $1,000.
h. Withdrawal of money deposited in court where the sum to be withdrawn is:
(1) less than $100, no fee;
(2) $100 or more but less than $1,000, $5;
(3) $1,000 or more, $10.
i. Entering judgment on bond and warrant by attorney and issuance of one final process, or recording of judgment in the civil judgment and order docket, or satisfaction of judgment or other lien, $35.
j. Docketing judgments or orders from other courts or divisions except from the Special Civil Part, $35. 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 2C:46-1(a).
k. Docketing judgments or orders from the Special Civil Part, $10.