Title 22A Contains, in Sections 22A:1-1.1 Through 22A:2-44, the General Fees Pertaining

Title 22A

Introduction

Title 22A contains, in sections 22A:1-1.1 through 22A:2-44, the general fees pertaining to civil actions and probate actions and, in sections 22A:3-4 through 22A:3-6, the general fees pertaining to criminal actions.

The updating of this Title has been inconsistent. Certain sections of the 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. 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.

Some of the sections included in the present statute have been proposed for removal as anachronistic. For ease of review, the sections proposed for removal have been moved to the end of the piece and the statutory sections themselves have been eliminated, but the section headings and the comments have been retained to indicate the substance of the removed sections. Throughout this memorandum, the language proposed for removal is shown in strikeout format and proposed additions to the language are underlined.

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 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.

COMMENT

This section remains substantially unchanged. A review of the laws of other states will be conducted to determine what jurors in other states are paid. It is noted that while this section of the statute was updated fairly recently, the $5 per diem for jurors would not even be sufficient to enable a juror to purchase a lunch for him or herself in or near most of the courthouses in the State, thus there does not seem to be a point to retaining this language.

22A:1-6. Mileage for serving writs;computation

For serving a writ out of any court, no officer shall be allowed to receiveor charge for mileage upon any greater number of miles from and to thecourthouse of his county than shall have been actually and necessarily traveledby him in making such service.

L.1953, c. 22, p. 381, s. 11.

COMMENT

This section remains substantially unchanged and no change is contemplated.

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 any party, by reason of poverty, seeks relief therefrom.

L.1953, c. 22, p. 381, s. 11.

COMMENT

This section remains substantially unchanged and no change is contemplated.

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.

COMMENT

This section remains substantially unchanged and no change is contemplated.

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.

COMMENT

This section remains substantially unchanged and no change is contemplated.

22A:2-7. Supreme Court or Superior Court (Appellate Division, Law Division, or Chancery Division (including Family Part)); motions; clerk's fees; use

a. Appeals:

(1) The amount to be paid to the Supreme Court of the Clerk of the Superior Court of the Appellate Division for the 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 be $250.

(2) In cases appealed to the Law Division of the Superior Court from any inferior court or tribunal, criminal or civil, the clerk of the division shall charge a fee of $75 for filing a notice of appeal, appeal papers and proceedings, including judgment in the Superior Court or order of dismissal. The clerk shall pay this $75 to the treasurer of the county in which the appeal is taken for the use by the county. After December 31, 1994, This $75 fee shall be paid to the clerk, for use by the State.

b. First Paper: The amount to be paid to the Clerk for the filing of the first paper or proceeding in any action or proceeding, including receivership, partition, foreclosure, and divorce or dissolution of a civil union, except in probate cases, in the Law Division or the Chancery Division of the Superior Court, for the first paper filed, which amount shall cover all fees payable therein in that action 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 by the rules of court:

(1) By the plaintiff, shall pay to the clerk $200 250.

(2) By any person filing an answer setting forth with a counterclaim or a third party claim, in such cause shall pay to the clerk $200 250 for the first paper filed by him.

(3) By any person other than the plaintiff filing any other paper, in any such cause shall pay to the clerk $135 for the first paper filed by him.

(4) By any person filing a motion, in any action or proceeding shall pay to the clerk $30.

c. Filing of other Papers: Upon the filing, entering, docketing or recording of the following papers or documents or proceedings by either any party to any action or proceeding in the Law Division or the Chancery 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:

(1) 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 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.

(2) For withdrawal of money deposited in court where the sum to be withdrawn is:

(A) less than $100, no fee;

(B) where the sum is $100 or more but less than $1,000, a fee of $5;

(C) where such sum is $1,000 or more, a fee of $10.

(3) Entering judgment on bond and warrant by attorney and issuance of one final process, $15 35 in lieu of the fee required by section 22A:2-6 of this Title.

(4) Recording of judgment in the civil judgment and order docket,$35 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.

(5) Docketing judgments or orders from other courts or divisions except from the Special Civil Part, including Chancery Division judgments, $35 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 2C:46-1.

(6) Docketing judgments or orders from the Special Civil Part,$10 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.

(7) Satisfaction of judgment or other lien, $35.

(8) Recording assignment of judgment or release, $5.

(9) Issuing of executions and recording same, except as otherwiseprovided in this article, $5.

(10) Recording of instruments not otherwise provided for in this article,$5.

(11) Filing and entering recognizance of civil bail, $5 30.

(12) Signing and issuing subpoena, $5.

a.d. Additional Fees: The Clerks of the Supreme Court and the Clerk of the Superior Court are authorized and directed to charge the following additional fees:

1. For affixing the seal of the Court to any document, for an exemplification, for a warrant of satisfaction, for a master’s certificate certifying the master’s appointment, $5;

2. Commissions on appeals accounts and deposits for security for costs--two per centum (2%) on $100 or less; one and one half per centum (1 1/2%) on any excess of $100;

3. Commissions on paying out trust fund accounts (including all funds, moneys or other assets brought into and deposited in court)--two and one half per centum (2 1/2%) on the first $100; two per centum (2%) on the next $900; one and one half per centum (1 1/2%) on the excess over $1,000; and

4. A minimum charge for all other papers or services by the clerk, $5;

e. Fees for County Clerk or Deputy Clerk of Superior Court: Upon the filing, indexing, entering or recording of the following documents or papers in the office of the county clerk or deputy clerk of the Superior Court, such parties, filing or having the same recorded or indexed in the county clerk's office or with the deputy clerk of the Superior Court in the various counties in this State in all civil or criminal causes, shall pay the following fees in lieu of the fees heretofore provided for the filing, recording or entering of such documents or papers:

(1) Issuing county clerk's certificate, any instrument $5

(2) Comparing and making copies, per sheet. $2

(3) Copies of all papers, typing and comparing of

photostat, per page $2 1

(4) Marking as a true copy, any instrument $2

(5) Exemplification, any instrument

(Plus $1 per page of instrument) $10 $5

(6) Recording or filing all instruments not herein stated $7.50 $10

(7) Bonds, bail, recognizances:

(A) Recording all official bonds with

acknowledgment and proof of the execution

thereof $9 $10

(B) Filing all papers related to recognizance or

civil bail $30

(C) Filing discharge, attachment bond $9 $10

(D) Filing and recording filiation bond $9 $10

(E) Filing satisfaction of or order discharging

filiation bond $9 $10

(F) Recording or discharging sheriff's bond $9 $10

(8) Nonbusiness corporation, recording:

(A) Certificates of incorporation of churches,

religious societies and congregations $25

(B) Amendments to certificates of incorporation

of churches, religious societies and congregations,

recording $25

(9) Bank merger agreements, recording:

(A) First sheet $25 $50

(B) Each additional sheet, Certificates, each $5

(10) Tradenames, firms, partnerships:

(A) Certificate of name, filing (see 56:1-1 et seq.) $50

(B) Certificate of dissolution of tradename

(see 56:1-6 et seq.) $25

(C) Partnership agreement (see 42:1-1 et seq.) $50

(11) Building and loan or savings and loan associations:

(A) Change of name $25 $50

(B) Dissolution $25

(12) Certificates for limited-dividend housing associations,

recording:

(A) First page $20 $25

(B) Each additional page $5

(13) Certificates for urban renewal associations, recording:

(A) First page $20 $25

(B) Each additional page $5

(14) Judgments:

(A) Recording judgments $15 $35

(B) Filing, entering and recording judgment on bond

and warrant by attorney $37.50 $35

(C) Certificate for docketing Superior Court

transcript $9 $10

(D) Recording assignment of judgment $15

(E) Issuing transcript of judgment $7.50 $10

(F) Filing or entering on the record of discharge,

cancellation, release or satisfaction of a

judgment by satisfaction piece, execution returned

satisfied or otherwise $15

(G) For recording and indexing postponement of the

lien of judgment. $20

(15) Mechanics lien:

(A) Filing, indexing and recording mechanic's lien