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.
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