5277 AMH JUDI TANG 053

SB 5277 - H COMM AMD

By Committee on Judiciary

ADOPTED 4/07/2009

    Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 3.62.060 and 2007 c 46 s 3 are each amended to read as follows:

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

    (1) 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 forty-three dollars plus any surcharge authorized by RCW 7.75.035.  Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of forty-three dollars plus any surcharge authorized by RCW 7.75.035.  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 other than those listed.

    (2) For issuing a writ of garnishment or other writ, or for filing an attorney issued writ of garnishment, a fee of twelve dollars.

    (3) For filing a supplemental proceeding a fee of twenty dollars.

    (4) For demanding a jury in a civil case a fee of one hundred twenty-five dollars to be paid by the person demanding a jury.

    (5) For preparing a transcript of a judgment a fee of twenty dollars.

    (6) For certifying any document on file or of record in the clerk's office a fee of five dollars.

    (7) At the option of the district court:

(a) For preparing a certified copy of an instrument on file or of record in the clerk's office, for the first page or portion of the first page, a fee of five dollars, and for each additional page or portion of a page, a fee of one dollar;

(b) For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed;

(c) For preparing a copy of an instrument on file or of record in the clerk's office without a seal, a fee of fifty cents per page;

(d) When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page;

(e) For copies made on a compact disc, an additional fee of twenty dollars for each compact disc.
(8) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).

    (((8))) (9) At the option of the district court, for clerk's services such as processing ex parte orders, performing historical searches, compiling statistical reports, and conducting exceptional record searches, a fee not to exceed twenty dollars per hour or portion of an hour.
(10) For duplication of part or all of the electronic recording of a proceeding ten dollars per tape or other electronic storage medium.

    (((9))) (11) For filing any abstract of judgment or transcript of judgment from a municipal court or municipal department of a district court organized under the laws of this state a fee of forty-three dollars.

(12) At the option of the district court, a service fee of up to three dollars for the first page and one dollar for each additional page for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.

    The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded."

EFFECT:   Clarifies that the district court has the discretion to charge the newly created fees.

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