Sec 22-281. Fees and deposits

A. Justices of the peace shall receive fees established and classified as follows in civil actions:

 Class       Description                                      Fee
 A          Initial case filing fee
            Civil filing fees                             $  65.00
 B          Subsequent case filing fee
            Civil filing fees - defendant                 $  35.00
 C          Initial case filing fee
            Forcible entry and detainer filings           $  30.00
            Small claims filing                              23.00
 D          Subsequent case filing fee
            Small claims answer                          $   13.00
 

Forcible entry and detainer

            filings - defendant                              16.00
 E          Minimum clerk fee
            Document and transcript transfer on appeal    $  24.00
            Certification of any documents                   24.00
            Issuance of writs                                24.00
            Filing any paper or performing any act for
            which a fee is not specifically prescribed       24.00
            Subpoena (civil)                                 24.00
            Research in locating a document                  24.00
            Seal a court file                                24.00
            Reopen a sealed court file                       24.00
            Record duplication                               24.00
 F          Per page fee
            Copies of any documents per page               $  0.50
 G          Special fees
            Small claims service by mail                   $  8.00
 

B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.

C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:

1. To the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113, in the following percentages:

(a) 14.02 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 15.58 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

2. To the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135, in the following percentages:

(a) 1.84 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 2.05 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

3. To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund pursuant to section 38-810:

(a) 23.79 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 15.30 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

4. To the county general fund, in the following percentages:

(a) 54.22 per cent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 60.26 per cent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

D. In counties with a population of more than five hundred thousand persons, 6.13 per cent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12-116, subsection B.

E. In counties with a population of five hundred thousand persons or less, 6.81 per cent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12-116, subsection B.

F. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the per cent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.