8020 - County clerks as clerks of court.

§  8020.  County  clerks  as  clerks of court. Whenever a county clerk  renders a service in his capacity as clerk of the supreme  or  a  county  court,  in  an  action pending in such court, he is entitled to the fees  specified in this section, payable in advance.    (a) Placing cause on calendar. For placing a cause on a  calendar  for  trial  or  inquest, one hundred twenty-five dollars in the supreme court  and county court; except that where rules of the chief administrator  of  the  courts  require that a request for judicial intervention be made in  an action pending in supreme court or county  court,  the  county  clerk  shall  be  entitled  to  a  fee of ninety-five dollars, payable before a  judge may be assigned pursuant to  such  request,  and  thereafter,  for  placing  such  a  cause  on  a calendar for trial or inquest, the county  clerk shall be entitled to an additional fee of thirty dollars,  and  no  other fee may be charged thereafter pursuant to this subdivision; except  that  the  county clerk shall be entitled to a fee of forty-five dollars  upon the filing of each motion or cross motion in such action.  However,  no  fee  shall be imposed for a motion which seeks leave to proceed as a  poor person pursuant to subdivision (a) of section eleven hundred one of  this chapter.    (b) Calendar fee for  transferred  cause,  joint  trial,  retrial,  or  separate  trial.  Where a cause which has been placed upon a calendar is  transferred before trial to a court for which a larger calendar  fee  is  prescribed, the difference in calendar fee shall be paid at the time the  cause  is  placed  upon the calendar of the latter court, except that no  additional fee shall be required when the action is transferred for  the  purpose  of  consolidation  or  trial  jointly  with  another action. No  separate calendar fee shall be imposed for a retrial of a cause  or  for  the trial of a separate issue in a cause.    (c) Filing demand for jury trial. For filing a demand for a jury trial  in  the  following  counties,  where  the  right to a jury trial is duly  demanded:    1. in the counties within the city of New York, sixty-five dollars  in  the supreme court;    2.  in all other counties, sixty-five dollars in the supreme court and  county court.    (d) Filing a stipulation of settlement or a voluntary  discontinuance.  For  filing  a  stipulation  of  settlement  pursuant to rule twenty-one  hundred four of this chapter or a notice,  stipulation,  or  certificate  pursuant to subdivision (d) of rule thirty-two hundred seventeen of this  chapter, the defendant shall file and pay:    1. in the counties within the city of New York, thirty-five dollars in  the supreme court.    2. in all other counties, thirty-five dollars in the supreme court and  county court.    Provided,  however,  that  only one such fee shall be charged for each  notice, stipulation or certificate filed pursuant to this subdivision.    (e) Jury fee for transferred cause, joint trial, retrial  or  separate  trial.  Where  a  cause in which a jury has been demanded is transferred  before trial to a court for which a larger jury fee is  prescribed,  the  difference in the jury fee shall be paid at the time the cause is placed  upon  the  calendar  of  the latter court, except that no additional fee  shall be required when the action is  transferred  for  the  purpose  of  consolidation  or  trial jointly with another action in which a jury fee  has previously been paid. No separate jury fee shall be  imposed  for  a  retrial of a cause or for the trial of a separate issue in a cause.    (f) Certification, exemplification, and copies of papers.1.  For  issuing  any  certificate, in counties within the city of New  York, eight dollars, and in all other counties, four dollars, except  as  otherwise expressly provided in this article.    2.  For  a certificate of exemplification, exclusive of certification,  in counties within the city of New York, twenty-five dollars, and in all  other counties, ten dollars.    (g) Searches. For certifying to a search of any court  records  for  a  consecutive  two-year  period  or  fraction  thereof,  for  each name so  searched, five dollars.    (h) Production of court records. For  each  day  or  part  thereof  in  attendance  in  any  action  pursuant  to a subpoena duces tecum, twenty  dollars, and in addition thereto, mileage fees of twelve cents per  mile  each way and the necessary expenses of the messenger, except that if the  subpoena  duces  tecum  be  served  within the city of New York, and the  place of attendance  is  within  the  city  of  New  York,  then  actual  transportation costs shall be charged instead of the mileage fees.