COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 408

(By Senators Minard, Plymale, Dalton and Macnaughtan)

____________

[Originating in the Committee on the Judiciary;

reported March 31, 1993.]

__________




A BILL to amend and reenact section eleven, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to fees and allowances; fees to be charged by clerk of circuit court; and exceptions.

Be it enacted by the Legislature of West Virginia:
That section eleven, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
The clerk of a circuit court shall charge and collect for services rendered as such clerk the following fees, and such fees shall be paid in advance by the parties for whom such services are to be rendered:
For instituting any civil action under the rules of civil procedure, any statutory summary proceeding, any extraordinaryremedy, the docketing of civil appeals, or any other action, cause, suit or proceeding, seventy dollars for the first plaintiff and ten dollars clerk fee for each additional plaintiff: Provided, That if the additional plaintiff is a member of the first plaintiff's immediate family or is a plaintiff joining in the cause of action because the action is one arising from the same specific incident, no additional fee shall be charged, Provided, however, That the fee for instituting an action for divorce shall be twenty dollars plus the fee required by section six, article two-c, chapter forty-eight of this code.
In addition to the foregoing fees, the following fees shall likewise be charged and collected:
For preparing an abstract of judgment, two dollars fifty cents;
For preparing an abstract of execution, two dollars fifty cents;
For any transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, twenty-five cents;
For action on suggestion, ten dollars;
For issuing an execution, ten dollars;
For issuing or renewing a suggestee execution, including copies, postage, registered or certified mail fees and the fee provided by section four, article five-a, chapter thirty-eight of this code, ten dollars;
For vacation or modification of a suggestee execution, five dollars;
For docketing and issuing an execution on a transcript of judgment from magistrate's court, five dollars;
For arranging the papers in a certified question, writ of error, appeal or removal to any other court, ten dollars;
For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the amount of the postage or express charges;
For each witness summons, on the part of either plaintiff or defendant, to be paid by the party requesting the same, fifty cents;
For additional services (plaintiff or appellant) where any case remains on the docket longer than three years, for each additional year or part year, ten dollars.
The clerk shall tax the following fees for services in any criminal case against any defendant convicted in such court:
In the case of any misdemeanor, fifty dollars;
In the case of any felony, sixty dollars.
No such clerk shall be required to handle or accept for disbursement any fees, costs or accounts, of any other officer or party not payable into the county treasury, except it be on order of the court or in compliance with the provisions of law governing such fees, costs or accounts.

_________


(NOTE: The purpose of this bill is to increase certain fees charged by the clerk of the circuit court.)