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                                         SUBSTITUTE SENATE BILL NO. 5249

                        _______________________________________________

                                         AS AMENDED BY THE FREE CONFERENCECOMMITTEE

 

                                                                            C 382 L 87

 

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senate Committee on Judiciary (originally sponsored by Senators Talmadge and Bottiger)

 

 

Read first time 2/05/87.

 

 


AN ACT Relating to court filing fees; amending RCW 2.32.070, 3.62.060, and 36.18.020.

 

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

 

        Sec. 1.  Section 1, chapter 151, Laws of 1903 as last amended by section 2, chapter 331, Laws of 1981 and RCW 2.32.070 are each amended to read as follows:

          The clerk of the supreme court and the clerks of the court of appeals shall collect the following fees for their official services:

          Upon filing his first paper or record and making an appearance, the appellant or petitioner shall pay to the clerk of said court a docket fee of one hundred twenty-five dollars.

          For copies of opinions, twenty cents per folio:  PROVIDED, That counsel of record and criminal defendants shall be supplied a copy without charge.

          For certificates showing admission of an attorney to practice law ((two)) five dollars, except that there shall be no fee for an original certificate to be issued at the time of his admission.

          For filing a petition for review of a court of appeals decision terminating review, one hundred dollars.

          The foregoing fees shall be all the fees connected with the appeal or special proceeding.

          No fees shall be required to be advanced by the state or any municipal corporation, or any public officer prosecuting or defending on behalf of such state or municipal corporation.

 

        Sec. 2.  Section 110, chapter 299, Laws of 1961 as last amended by section 309, chapter 258, Laws of 1984 and RCW 3.62.060 are each amended to read as follows:

          In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of ((twenty)) twenty-five dollars.  No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action.

 

        Sec. 3.  Section 3, chapter 56, Laws of 1987 and RCW 36.18.020 are each amended to read as follows:

          Clerks of superior courts shall collect the following fees for their official services:

          (1) The party filing the first or initial paper in any civil action, including an action for restitution, or change of name, shall pay, at the time said paper is filed, a fee of ((seventy)) seventy-eight dollars except in proceedings filed under RCW 26.50.030 or 49.60.___!sc ,1(section 2, chapter 56, Laws of 1987) where the petitioner shall pay a filing fee of twenty dollars.

          (2) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from ((justice)) a court of limited jurisdiction or any party on any civil appeal, shall pay, when said paper is filed, a fee of ((seventy)) seventy-eight dollars.

          (3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a ((justice)) district court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.

          (4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.

          (5) For the filing of a petition for modification of a decree of dissolution, a fee of twenty dollars shall be paid.

          (6) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of twenty-five dollars; if the demand is for a jury of twelve the fee shall be fifty dollars.  If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional twenty-five dollar fee will be required of the party demanding the increased number of jurors.

          (((6))) (7) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in ((his)) the clerk's office for which no other charge is provided by law, or for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170, the clerk shall collect two dollars.

          (((7))) (8) For preparing, transcribing or certifying any instrument on file or of record in ((his)) the clerk's office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar.  For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.

          (((8))) (9) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.

          (((9))) (10) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of five dollars shall be charged.

          (((10))) (11) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.

          (((11))) (12) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of ((seventy)) seventy-eight dollars:  PROVIDED, HOWEVER, A fee of two dollars shall be charged for filing a will only, when no probate of the will is contemplated.  Except as provided for in subsection (12) of this section a fee of two dollars shall be charged for filing a petition, written agreement, or memorandum as provided in RCW 11.96.170.

          (((12))) (13) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96.170, there shall be paid a fee of ((seventy)) seventy-eight dollars.

          (((13))) (14) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of two dollars.

          (((14))) (15) For the preparation of a passport application there shall be a fee of four dollars.

          (((15))) (16) For searching records for which a written report is issued there shall be a fee of eight dollars per hour.

          (((16))) (17) Upon conviction or plea of guilty ((or)), upon failure to prosecute ((his)) an appeal from a ((lower)) court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of  seventy dollars.

           (((17))) (18) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972:  PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

           (((18))) (19) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.


                                                                                                                           Passed the Senate April 26, 1987.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House April 25, 1987.

 

                                                                                                                                         Speaker of the House.