S-498 _______________________________________________
SENATE BILL NO. 5249
_______________________________________________
State of Washington 50th Legislature 1987 Regular Session
By Senators Talmadge and Bottiger
Read first time 1/21/87 and referred to Committee on Judiciary.
AN ACT Relating to court filing fees; amending RCW 2.32.070 and 3.62.060; and reenacting and amending RCW 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 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 of review of a decision of the court of appeals, 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)) thirty-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 1, chapter 38, Laws of 1973 as last amended by section 104, chapter 7, Laws of 1985 and by section 1, chapter 24, Laws of 1985 and RCW 36.18.020 are each reenacted and 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)) eighty dollars except in proceedings
filed under RCW 26.50.030 where the petitioner shall pay a filing fee of twenty
dollars.
(2) Any
party filing the first or initial paper on an appeal from ((justice)) a
court of limited jurisdiction or on any civil appeal, except a
defendant in a criminal action, shall pay, when said paper is filed, a fee
of ((seventy)) eighty 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) 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) 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) 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) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.
(9) 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) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.
(11) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of seventy 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) 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 dollars.
(13) 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) For the preparation of a passport application there shall be a fee of four dollars.
(15) For searching records for which a written report is issued there shall be a fee of eight dollars per hour.
(16) 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, a defendant in a criminal case shall be liable for a fee of seventy
dollars.
(17) 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) 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.