60-2001.Docket fee; authorized only by legislativeenactment; poverty affidavit; additional costs; certain sheriff's chargesprohibited.(a) Docket fee. Except as otherwise provided by law, no case shallbe filed or docketed in the district court, whether original or appealed,without payment of a docket fee in the amount of $156 on andafter July 1, 2009 through June 30, 2013,and$154 on and after July 1, 2013, to theclerk of thedistrict court.Except as provided further, the docket fee established in thissubsectionshall be the only fee collected or moneys in the nature of a fee collected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per docketfee, to fund thecostsofnon-judicial personnel.
(b) Poverty affidavit in lieu of docket fee. (1)Effect. In any case where a plaintiff by reason of poverty is unableto pay a docket fee, and an affidavit so stating is filed, no fee will berequired. An inmate in the custody of the secretary of corrections may file apoverty affidavit only if the inmate attaches a statement disclosing theaverage account balance, or the total deposits, whichever is less, in theinmate's trust fund for each month in (A) the six-month period preceding thefiling of the action; or (B) the current period of incarceration, whichever isshorter. Such statement shall be certified by the secretary. On receipt of theaffidavit and attached statement, the court shall determine the initial fee tobe assessed for filing the action and in no event shall the court require aninmate to pay less than $3. The secretary of corrections is hereby authorizedto disburse money from the inmate's account to pay the costs as determined bythe court. If the inmate has a zero balance in such inmate's account, thesecretary shall debit such account in the amount of $3 per filing fee asestablished by the court until money is credited to the account to pay suchdocket fee. Any initial filing fees assessed pursuant to this subsection shallnot prevent the court, pursuant to subsection (d), from taxing that individualfor the remainder of the amount required under subsection (a) or thissubsection.
(2) Form of affidavit. The affidavit provided for in thissubsection shall be in the following form and attached to the petition:
State of Kansas, ______________ County.
In the district court of the county: I do solemnly swear that the claimset forth in the petition herein is just, and I do further swear that, byreason of my poverty, I am unable to pay a docket fee.
(c) Disposition of fees. The docket fees and the fees for serviceof process shall be the only costs assessed in each case for services of theclerk of the district court and the sheriff. For every person to be served bythe sheriff, the persons requesting service of process shall provide properpayment to the clerk and the clerk of the district court shall forward theservice of process fee to the sheriff in accordance with K.S.A. 28-110, andamendments thereto. The service of process fee, if paid by check or moneyorder, shall be made payable to the sheriff. Such service of process fee shallbe submitted by the sheriff at least monthly to the county treasurer fordeposit in the county treasury and credited to the county general fund. Thedocket fee shall be disbursed in accordance with K.S.A. 20-362 and amendmentsthereto.
(d) Additional court costs. Other fees and expenses to be assessedas additional court costs shall be approved by the court, unless specificallyfixed by statute. Other fees shall include, but not be limited to, witnessfees, appraiser fees, fees for service of process, fees for depositions,alternative dispute resolution fees, transcripts and publication, attorneyfees, court costs from other courts and any other fees and expenses required bystatute. All additional court costs shall be taxed and billed against theparties as directed by the court. No sheriff in this state shall charge anymileage for serving any papers or process.
60-2001.Docket fee; authorized only by legislativeenactment; poverty affidavit; additional costs; certain sheriff's chargesprohibited.(a) Docket fee. Except as otherwise provided by law, no case shallbe filed or docketed in the district court, whether original or appealed,without payment of a docket fee in the amount of $156 on andafter July 1, 2009 through June 30, 2013,and$154 on and after July 1, 2013, to theclerk of thedistrict court.Except as provided further, the docket fee established in thissubsectionshall be the only fee collected or moneys in the nature of a fee collected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per docketfee, to fund thecostsofnon-judicial personnel.
(b) Poverty affidavit in lieu of docket fee. (1)Effect. In any case where a plaintiff by reason of poverty is unableto pay a docket fee, and an affidavit so stating is filed, no fee will berequired. An inmate in the custody of the secretary of corrections may file apoverty affidavit only if the inmate attaches a statement disclosing theaverage account balance, or the total deposits, whichever is less, in theinmate's trust fund for each month in (A) the six-month period preceding thefiling of the action; or (B) the current period of incarceration, whichever isshorter. Such statement shall be certified by the secretary. On receipt of theaffidavit and attached statement, the court shall determine the initial fee tobe assessed for filing the action and in no event shall the court require aninmate to pay less than $3. The secretary of corrections is hereby authorizedto disburse money from the inmate's account to pay the costs as determined bythe court. If the inmate has a zero balance in such inmate's account, thesecretary shall debit such account in the amount of $3 per filing fee asestablished by the court until money is credited to the account to pay suchdocket fee. Any initial filing fees assessed pursuant to this subsection shallnot prevent the court, pursuant to subsection (d), from taxing that individualfor the remainder of the amount required under subsection (a) or thissubsection.
(2) Form of affidavit. The affidavit provided for in thissubsection shall be in the following form and attached to the petition:
State of Kansas, ______________ County.
In the district court of the county: I do solemnly swear that the claimset forth in the petition herein is just, and I do further swear that, byreason of my poverty, I am unable to pay a docket fee.
(c) Disposition of fees. The docket fees and the fees for serviceof process shall be the only costs assessed in each case for services of theclerk of the district court and the sheriff. For every person to be served bythe sheriff, the persons requesting service of process shall provide properpayment to the clerk and the clerk of the district court shall forward theservice of process fee to the sheriff in accordance with K.S.A. 28-110, andamendments thereto. The service of process fee, if paid by check or moneyorder, shall be made payable to the sheriff. Such service of process fee shallbe submitted by the sheriff at least monthly to the county treasurer fordeposit in the county treasury and credited to the county general fund. Thedocket fee shall be disbursed in accordance with K.S.A. 20-362 and amendmentsthereto.
(d) Additional court costs. Other fees and expenses to be assessedas additional court costs shall be approved by the court, unless specificallyfixed by statute. Other fees shall include, but not be limited to, witnessfees, appraiser fees, fees for service of process, fees for depositions,alternative dispute resolution fees, transcripts and publication, attorneyfees, court costs from other courts and any other fees and expenses required bystatute. All additional court costs shall be taxed and billed against theparties as directed by the court. No sheriff in this state shall charge anymileage for serving any papers or process.
60-2001.Docket fee; authorized only by legislativeenactment; poverty affidavit; additional costs; certain sheriff's chargesprohibited.(a) Docket fee. Except as otherwise provided by law, no case shallbe filed or docketed in the district court, whether original or appealed,without payment of a docket fee in the amount of $156 on andafter July 1, 2009 through June 30, 2013,and$154 on and after July 1, 2013, to theclerk of thedistrict court.Except as provided further, the docket fee established in thissubsectionshall be the only fee collected or moneys in the nature of a fee collected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per docketfee, to fund thecostsofnon-judicial personnel.
(b) Poverty affidavit in lieu of docket fee. (1)Effect. In any case where a plaintiff by reason of poverty is unableto pay a docket fee, and an affidavit so stating is filed, no fee will berequired. An inmate in the custody of the secretary of corrections may file apoverty affidavit only if the inmate attaches a statement disclosing theaverage account balance, or the total deposits, whichever is less, in theinmate's trust fund for each month in (A) the six-month period preceding thefiling of the action; or (B) the current period of incarceration, whichever isshorter. Such statement shall be certified by the secretary. On receipt of theaffidavit and attached statement, the court shall determine the initial fee tobe assessed for filing the action and in no event shall the court require aninmate to pay less than $3. The secretary of corrections is hereby authorizedto disburse money from the inmate's account to pay the costs as determined bythe court. If the inmate has a zero balance in such inmate's account, thesecretary shall debit such account in the amount of $3 per filing fee asestablished by the court until money is credited to the account to pay suchdocket fee. Any initial filing fees assessed pursuant to this subsection shallnot prevent the court, pursuant to subsection (d), from taxing that individualfor the remainder of the amount required under subsection (a) or thissubsection.
(2) Form of affidavit. The affidavit provided for in thissubsection shall be in the following form and attached to the petition:
State of Kansas, ______________ County.
In the district court of the county: I do solemnly swear that the claimset forth in the petition herein is just, and I do further swear that, byreason of my poverty, I am unable to pay a docket fee.
(c) Disposition of fees. The docket fees and the fees for serviceof process shall be the only costs assessed in each case for services of theclerk of the district court and the sheriff. For every person to be served bythe sheriff, the persons requesting service of process shall provide properpayment to the clerk and the clerk of the district court shall forward theservice of process fee to the sheriff in accordance with K.S.A. 28-110, andamendments thereto. The service of process fee, if paid by check or moneyorder, shall be made payable to the sheriff. Such service of process fee shallbe submitted by the sheriff at least monthly to the county treasurer fordeposit in the county treasury and credited to the county general fund. Thedocket fee shall be disbursed in accordance with K.S.A. 20-362 and amendmentsthereto.
(d) Additional court costs. Other fees and expenses to be assessedas additional court costs shall be approved by the court, unless specificallyfixed by statute. Other fees shall include, but not be limited to, witnessfees, appraiser fees, fees for service of process, fees for depositions,alternative dispute resolution fees, transcripts and publication, attorneyfees, court costs from other courts and any other fees and expenses required bystatute. All additional court costs shall be taxed and billed against theparties as directed by the court. No sheriff in this state shall charge anymileage for serving any papers or process.
