§607-5 - Costs; circuit courts.
§607-5 Costs; circuit courts. (a) The
fees prescribed by the schedule in this section shall be paid to the clerk of
the circuit 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 circuit court; provided that
nothing in the schedule shall apply to cases of adults charged with commission
of a crime, or to proceedings under section 571-11(1), (2), or (9), or to
proceedings under chapter 333F or 334, or to small estates (including
decedents' estates and protection of property of minors and persons under
disability) when the amount payable is fixed by another statute; and provided
further that the fees prescribed by subsection (c)(32) shall be deposited by
the clerk of the circuit court into the judiciary computer system special fund
pursuant to section 601-3.7.
For the purpose of this section,
"judgment" includes a decree and any order from which an appeal lies.
SCHEDULE
In the application of this schedule, each case
assigned a new number or filed under the number previously assigned to a
probate, trust, guardianship, or conservatorship, shall carry a fee for the
institution or transfer of the action or proceeding as prescribed by part I,
and in addition the fees prescribed by part II unless otherwise provided.
(b) PART I
Action or proceeding, general:
(1) Civil action or
special proceeding, unless another item in part I applies.................................. $200
(2) Appeal to a circuit
court....................... $100
(3) Transfer of action to
circuit court from district court, in addition to district court fees................. $125
Trusts:
(4) Proceeding for (A)
appointment of trustee; (B) appointment of successor; (C) resignation of
trustee; (D) instructions; (E) approval of investment; (F) approval of sale,
mortgage, lease, or other disposition of property; (G) approval of compromise
of claim, for each such matter....... $100
(5) Proceeding for (A)
removal of trustee; (B) order requiring accounting; (C) invalidation of action
taken by trustee; (D) termination of trust, for each such matter...... $100
(6) Accounting, this fee to
be paid for each account filed and to include the settlement of the account......... $10
(7) Vesting order................. no
charge under part I
(8) Allowance of fees of
trustees, attorneys, or other fees for services incurred in a proceeding for
which a fee has been paid under this section no charge under part I
(8a) Registration of a
trust, or release of registration, under chapter 560....................................... $3
(9) Any other proceeding
relating to a trust......... $15
Conservatorship:
(10) Proceeding for (A)
appointment; (B) appointment of successor; (C) resignation; (D) instructions,
unless included in one of the foregoing proceedings; (E), (F), (G) approval of
any matter listed in (E), (F), or (G) of item (4) in relation to a trust, for
each such matter $100
(11) Proceeding of the
nature listed in (A), (B), (C), or (D) of item (5) in relation to a trust, for
each such matter................................................. $15
(12) Accounting, same as
provided by item (6) in relation to a trust............................................ $10
(13) Any other proceeding
relating to a
conservatorship............... no
charge under part I
Guardianship:
(13a) Guardianship, including
all matters of the nature listed in items (4) to (9), whether in family or
circuit court ................................................ $100
Probate (decedents' estates). These fees include all
matters of the nature listed in items (4) to (9), without additional charge:
(14) Probate,
administration, domiciliary foreign personal representative, or ancillary
administration, this fee to be paid once only for each decedent's estate....... $100
Family court cases:
(15) Matrimonial action
(annulment, divorce, separation, or separate maintenance)........................... $100
(16) Adoption........................................ $100
(17) Guardianship, including
all matters of the nature listed in items (4) to (9)........... As provided in
item 13(a)
(18) Termination of parental
rights no charge under part I
(19) Any other family court proceeding, except motions
or other pleadings in matrimonial, adoption, and guardianship actions, but
including without limitation custody proceedings even if in the form of an
habeas corpus proceeding.............. $15
(c) PART II
The fees prescribed by this part apply without
exception.
Jury trial:
(21) Demand for jury trial,
including without limitation probate cases, appeals to the circuit court, and
cases transferred to the circuit court from the district court, this fee to be
paid to the court in which the demand is filed by the party first making the
demand......................... $200
(22) Remand to district
court in cases transferred to circuit court from district court on demand for
jury trial, where jury trial is waived and a remand of such cases to district
court is allowed................................. $50
Miscellaneous:
(23) [L 2004, c 202, §62
amendment repealed June 30, 2010. L 2006, c 94, §1.] Filing of notice of
appeal, to be paid in addition to the deposit of appeal costs......... $100
(24) Search of records by
the clerk.................... $2
(25) Making of copy;
comparing of copy with original; certification or authentication of notaries
.................... Fees
prescribed by section 92-21
(26) Certification under
seal of copy of pleading or other paper subsequent to the initial filing of the
pleading or paper, except record on appeal........................... $1
(27) Exemplification,
instead of item (26)............. $2
(28) Filing of copy of
notice of completion of contract, with affidavit of publication.......................... $3
(29) Filing of initial paper
under section 507-43 by person asserting mechanic's or materialman's lien (this
fee to be additional to the fee prescribed by part I for bringing an action
under section 507-47)..................... $15
(30) Filing of any other
paper not in a pending proceeding $3
(31) Printing, publishing,
or posting notice; service fees; garnishee fees; mileage charges; or other
services actually performed....................... Amounts necessary to
cover
actual costs or disbursements
(32) For administrative
costs associated with the processing of all civil filings except those brought
by the State or any of the various counties or political subdivisions of the
State........................................... $50.
[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; am
L 1941, c 229, pt of §1; RL 1945, §9745; am L 1945, c 94, §1; RL 1955, §219-5;
am L 1957, c 316, §§14 to 22; am L 1966, c 22, §6; HRS §607-5; am L 1972, c 88,
§5(g) to (j); am L 1974, c 145, §7; am L 1976, c 200, pt of §1; am L 1986, c
34, §1; am L 1990, c 34, §17; am L 1991, c 140, §3; am L 1998, c 128, §§2, 3;
am L 1999, c 92, §2; am L 2003, c 216, §§3, 4; am L 2004, c 3, §1 as superseded
by c 202, §62 and c 161, §35; am L 2006, c 20, §2]
Cross References
Assessment for bench warrant issuance, see §607-8.5.
Fees for other court documents, see §92-21.
Publication of notice, see §601-13.
Rules of Court
See RCC rule 26.
Attorney General Opinions
No fee is required under subsection (b) for an amended
complaint. Att. Gen. Op. 61-77.
Case Notes
Failure to deposit cost at time of filing suit is not fatal
to case. 9 H. 630.
"Costs" must be considered as used in the statute
in its broad comprehensive sense and to include not alone the statutory costs
included in the section eo nomine but also all costs incidentally incurred in
the execution by the circuit judge of the duties imposed upon the judge by law
pertaining to statutory partition. 35 H. 262, 297.
In an equity proceeding an award of an attorney's fee as
damages may not be made where no injunctive relief has been granted, unless
expressly sanctioned by statute. 35 H. 595, 606.
Nonpayment of costs did not render ineffective a timely filed
notice of appeal. 57 H. 168, 552 P.2d 355.
Cited: 35 H. 682, 684, 782; 44 H. 613, 622, 359 P.2d 932.