House Bill 695

AN ACT TO AMEND SECTION 25-7-13, MISSISSIPPI CODE OF 1972, TO REVISE THE FEES CHARGED FOR COMPLAINTS AND PETITIONS FILED IN CIRCUIT COURT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-7-13, Mississippi Code of 1972, is amended as follows:

25-7-13. (1) The clerks of the circuit court shall charge the following fees:

(a) Docketing, filing, marking and registering each * * * indictment......................................................... $75.00

(b) Docketing, filing, marking and registering each complaint or petition:

(i) For the first five (5) plaintiffs and the first five (5) defendants on a complaint or petition, a total

of....................................................... $95.00

(ii) For six (6) to ten (10) plaintiffs and six (6) to ten (10) defendants on the same complaint or petition

......................................................... $50.00

for each additional plaintiff and each additional defendant that exceeds the first five (5) plaintiffs and first five (5) defendants.

(iii) For eleven (11) or more plaintiffs and eleven (11) or more defendants............................................... $10.00

for each additional plaintiff and each additional defendant that exceed the first ten (10) plaintiffs and the first ten (10) defendants.

The total cost of fees charged under subparagraphs (b)(i), (b)(ii) and (b)(iii) of this subsection shall not exceed Two Thousand Five Hundred Dollars ($2,500.00), regardless of the number of plaintiffs and defendants.

The fees set forth in * * * paragraphs (a) or (b) of this subsection shall be the total fees for all services performed by the clerk up to and including entry of final judgment with respect to each complaint, petition or indictment, including, but not limited to, all answers, claims, orders, continuances and other papers filed therein, issuing each writ, summons, subpoena or other such instruments, swearing witnesses, taking and recording bonds and pleas, and recording judgments, orders, fiats and certificates. The fee shall be payable upon filing and shall accrue to the clerk at the time of collection.

Any court order, clerk's instruction, other document, or other assessments to charge additional fees on indictments, complaints or petitions shall be void and of no force or effect.

The clerk or his successor in office shall perform all duties set forth above without additional compensation or fee.

* * *

(2) In addition to the fees provided for under subsection (1) of this section, the clerks of the circuit court shall charge the following fees:

(a) Docketing and filing each suggestion for a writ of garnishment, suggestion for a writ of execution and judgment debtor actions and issuing all process, filing and recording orders or other papers and swearing witnesses pursuant thereto

......................................................... $30.00

(b) Certifying copies of filed documents, for each complete document $ 1.00

(c) Recording orders, fiats, licenses, certificates, oaths and bonds not recorded in the course of an action filed pursuant to subsection (1) of this section:

First page................................ $ 2.00

Each additional page...................... $ 1.00

(d) Furnishing copies of any papers of record or on file and entering marginal notations on documents of record:

If performed by the clerk or his employee, per page. $ 1.00

If performed by any other person, per page.......... $ .25

(e) Judgment roll entry....................... $ 5.00

* * *

(f) For taking and recording application for marriage license, for filing and recording consent of parents when required by law, for filing and recording medical certificate, filing and recording proof of age, recording and issuing license, recording and filing returns............................. $20.00

The clerk shall deposit Fourteen Dollars ($14.00) of each fee collected for a marriage license in the Victims of Domestic Violence Fund established in Section 93-21-117, on a monthly basis.

(g) For certified copy of marriage license and search of record, the same fee charged by the Bureau of Vital Statistics of the State Board of Health.

(h) For public service not particularly provided for, the circuit court may allow the clerk, per annum, to be paid by the county on presentation of the circuit court's order, the following amount................... $5,000.00

However, in the counties having two (2) judicial districts, such above allowance shall be made for each judicial district.

(i) For drawing jurors and issuing venire, to be paid by the county $ 5.00

(j) For each day's attendance upon the circuit court term, for himself and necessary deputies allowed by the court, each to be paid by the county $30.00

(k) Summons, each juror to be paid by the county upon the allowance of the court.................................................... $ 1.00

(l) For issuing each grand jury subpoena, to be paid by the county on allowance by the court, not to exceed Twenty-five Dollars ($25.00) in any one (1) term of court................................................. $ 1.00

(3) On order of the court, clerks and deputies may be allowed five (5) extra days for attendance upon the court to get up records.

(4) The clerk's fees in state cases where the state fails in the prosecution, or in cases of felony where the defendant is convicted and the cost cannot be made out of his estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1) year, shall be paid out of the county treasury on approval of the circuit court, and the allowance thereof by the board of supervisors of the county. In counties having two (2) judicial districts, such allowance shall be made in each judicial district; however, the maximum thereof shall not exceed Eight Hundred Dollars ($800.00). Clerks in the circuit court, in cases where appeals are taken in criminal cases and no appeal bond is filed, shall be allowed by the board of supervisors of the county after approval of their accounts by the circuit court, in addition to the above fees, for making such transcript the rate of Two Dollars ($2.00) per page.

(5) The clerk of the circuit court may retain as his commission on all money coming into his hands, by law or order of the court, a sum to be fixed by the court not exceeding one-half of one percent (1/2 of 1%) on all such sums.

(6) For making final records required by law, including, but not limited to, circuit and county court minutes, and furnishing transcripts of records, the circuit clerk shall charge Two Dollars ($2.00) per page. The same fees shall be allowed to all officers for making and certifying copies of records or papers which they are authorized to copy and certify.

(7) The circuit clerk shall prepare an itemized statement of fees for services performed, cost incurred, or for furnishing copies of any papers of record or on file, and shall submit the statement to the parties or, if represented, to their attorneys within sixty (60) days. A bill for same shall accompany the statement.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.