§607-4 - District court costs.
§607-4 District court costs. (a) The
fees prescribed by subsection (b) shall be paid to the clerk of the district
court as costs of court by the person instituting the action or proceeding, or
offering the paper for filing, or causing the document to be issued or the
services to be performed in the district court; provided that nothing in
subsection (b) shall apply to cases of adults charged with commission of a
crime, or minors referred to the district court by the family court; provided
further that for the purposes of subsection (b), "judgment" includes
an order from which an appeal lies; and provided further that the fees
prescribed by subsection (b)(10) shall be deposited by the clerk of the
district court into the judiciary computer system special fund pursuant to
section 601-3.7. One-half of the fees collected pursuant to paragraphs (7),
(8), and (9) of subsection (b) also shall be deposited into the fund.
(b) The fees referred to in subsection (a)
are:
(1) Except for petitions for temporary restraining
order under section 604-10.5, the fee for which shall be the same as that
provided in section 607-5(b)(19), for the institution of each action or
proceeding, to include all charges except as provided by paragraphs
(2) to (6)...................................... $100
(2) Intervention; answer containing one or more
cross-claims or counterclaims; third-party complaint, for each such matter................................................. $10
(3) Demand for jury trial................. Fee
prescribed
by section
607-5
(4) [L 2004, c 202, §61 amendment repealed
June 30, 2010. L 2006, c 94, §1.] Filing of notice of appeal, to be paid
in addition to the deposit of appellate court costs............ $100
(5) Making of a copy; comparing of copy with
original............ Fees prescribed by section
92-21
(6) Posting notice; service fees; garnishee fees;
mileage charges; or other services actually
performed................. Amounts necessary to
cover
actual costs or
disbursements
(7) Administrative costs associated with the
processing of traffic citations that involve
stopping (when prohibited), standing,
or parking................. $10 for each
violation in
addition to any fine imposed
by
the court, and whether
or
not such fine is
suspended
(8) Administrative costs associated with the
processing of traffic citations which do not involve stopping, standing, or
parking........................... $40 for each violation in
addition to any fine
imposed
by the court, and whether
or
not such fine is
suspended
(9) Administrative costs associated with the
processing of traffic citations issued for violations of a statute or ordinance
relating to vehicles or their drivers, or owners, except those as provided by
paragraphs (7) and
(8)........................ $30 for each
violation in
addition to any fine
imposed
by the court, and whether
or
not such fine is
suspended
(10) Administrative costs associated with the
processing of all civil filings except those brought by the State or any of the
various counties and political subdivisions of the State, those commenced by a
petition for temporary restraining order under section 604-10.5, and those
commenced and conducted in the small claims division of the district court.................. $20.
(c) The court, in taxing costs, may assess not
only the costs of court, but also all reasonable disbursements as provided by
section 607-9.
(d) Sheriff's or police officer's fees:
(1) For serving any criminal summons, warrant,
attachment, or other criminal process, $30 effective July 1, 2001.
(2) For serving any civil summons, warrant,
attachment, or other civil process, $25 effective July 1, 2001.
(3) For every copy of an attachment and inventory of
the property attached, served upon the defendant, $2.
(4) For serving any execution, 12 cents for every $1
collected up to $500, and 7 cents for every $1 over $500.
(5) For serving: subpoena, $25; and subpoena duces
tecum or garnishee summons, $15 effective July 1, 2001.
(6) For every mile of travel, more than one, in
serving any process, 40 cents; provided that (A) no allowance shall be made
where the serving officer uses a conveyance furnished the serving officer by
the State, or any political or municipal subdivision thereof; (B) where the
serving officer serves more than one person in the course of one trip, the
serving officer shall not charge, in the aggregate for all services, more than
the mileage for the entire trip; and (C) as far as practicable, in order to
minimize the mileage fees for the service, the sheriff or other chief of the
serving officers, where service of process is to be made upon an island other
than that upon which is situated the court issuing the process, shall cause the
process to be transmitted to a deputy, the chief of police or other serving
officer upon the island of service, who shall make the service upon receipt of
the process; and the service shall be valid, notwithstanding that the process
may not be addressed to the officer actually making the service or to the
officer's superior.
In lieu of any fee under this subsection, the fee
may be an hourly rate of not less than $50 per hour agreed upon in advance
between the party requesting the service and the sheriff or police officer
performing the service.
(e) Anything in this section or any other law
to the contrary notwithstanding, when any process or subpoena is served by a
subordinate of the sheriff or chief of police, it shall be illegal for the
sheriff or chief of police, (1) if and so long as the sheriff or chief of
police is being paid a salary by the State or the county to receive or collect
from such subordinate any portion of the fees, mileage, or other expenses
collected by such subordinate, or (2) if and so long as the sheriff or chief of
police is not being paid any such salary, to collect or receive from such
subordinate more than ten per cent of the fees accruing from such service, or
any portion of the mileage or other expenses collected by such subordinate. Where
a subpoena is served in behalf of the State or any county by a nonsalaried
subordinate of the sheriff or chief of police, the regular fee for such service
shall be payable to such subordinate. Nothing herein contained shall be deemed
to prohibit the police commission of any county from requiring all such fees,
mileage, and expenses to be paid into a police benefit fund. [CC 1859, §1278;
am imp L 1903, c 63, §1; am L 1919, c 58, §1; am L 1923, c 229, §1; RL 1925,
§2541; am L 1933, c 47, §1; RL 1935, §3790; am L 1935, c 177, §1; RL 1945,
§9744; am L 1945, c 55, §1; am L 1949, c 387, §1; RL 1955, §219-4; am L 1957, c
235, §1; am L 1963, c 85, §3; HRS §607-4; am L 1968, c 61, §2; am L 1969, c 23,
§1; am L 1970, c 188, §39; am L 1972, c 88, §5(d), (e), (f); am L 1973, c 55,
§1; am L 1974, c 145, §6 and c 149, §1; am L 1975, c 112, §1; am L 1978, c 127,
§1; am L 1979, c 111, §24; am L 1980, c 96, §1; am L 1984, c 52, §1; gen ch
1985; am L 1989, c 211, §10; am L 1990, c 10, §1, c 58, §1, and c 281, §11; am
L 1991, c 140, §2; am L 1998, c 128, §1; am L 1999, c 92, §1; am L 2001, c 214,
§2; am L 2003, c 216, §2; am L 2004, c 202, §61 and c 231, §2; am L 2005, c 22,
§42]
Note
L 2004, c 202, §82 provides:
"SECTION 82. Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."
Cross References
Assessment for bench warrant issuance, see §607-8.5.
Sheriff, etc., see §26-14.6.
Rules of Court
Taxation of costs, district courts, see DCRCP rule 54(d).
Attorney General Opinions
Sheriff entitled to fee upon levy of execution even though
there is no subsequent sale. Att. Gen. Op. 65-1.
Case Notes
The cost for one summons for two defendants is the same as
that for one summons. 32 H. 518.
Cited: 29 H. 539, 540.