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) 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.

(d) [Repeal and reenactment of subsection on June 30, 2020. L 2015, c 101, §4.] Fees of sheriff, deputy sheriff, police officer, or independent civil process server from the department of public safety’s list under section 353C-10 shall be as provided under section 607-8(a).

(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; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2012, c 142, §3; am L 2013, c 116, §§5, 25(4); am L 2015, c 125, §1]

Note

The L 2015, c 125 amendment is exempt from the repeal and reenactment condition of L 2013, c 116, §25. L 2015, c 125, §5.

Cross References

Assessment for bench warrant issuance, see §607-8.5.

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 (1932).

Cited: 29 H. 539, 540 (1926).