8-21-409 - Fees for court clerks in certain counties with a charter form of government.
8-21-409. Fees for court clerks in certain counties with a charter form of government.
(a) Circuit court clerks, criminal court clerks, clerks and masters of chancery courts, clerks of courts of general sessions, clerks of trial justice courts, county clerks, clerks of juvenile and probate courts, and clerks of law and equity courts, in counties with a charter form of government having a population of not less than three hundred and fifty thousand (350,000) nor more than four hundred and fifty thousand (450,000), according to the 2000 federal census or any subsequent federal census, are authorized to demand and receive for their services, where appropriate, the following fees for services indicated:
(1) Issuing process.
(A) For issuing summons for each defendant, order of publication, attachment for property or witness, replevin, injunction, refunding bonds in equity cases, any notice required by law, fieri facias, scire facias, venditioni exponas, writ of possession, distringas, capias, writ of error, writ of certiorari, writ of supersedeas, or any other writ, ancillary attachments,distress warrants, and criminal summons, five dollars ($5.00).
(B) For issuing subpoena to bring in paper or record, etc., and for issuing subpoena for each witness, two dollars ($2.00).
(C) For issuing state's warrant with affidavit, four dollars ($4.00).
(D) For issuing forcible entry and detainer warrant, or any other civil warrant in general sessions courts, or trial justice courts, three dollars ($3.00).
(E) For each additional name on any state or civil warrant, one dollar ($1.00).
(F) For summons to answer in city's or county's suit for taxes for each defendant, three dollars ($3.00).
(G) For issuing order to sheriff to summon jurors or commissioners to divide land, three dollars ($3.00).
(H) For preparation and issuance of garnishment to officer, two dollars ($2.00).
(I) For each copy of the above processes when required by law, one dollar and fifty cents ($1.50).
(J) For each recognizance, bond or mittimus, two dollars ($2.00).
(2) Filing instruments. For filing each bond, bill, complaint, motion or other pleading, document, exhibit, or article, affidavit, record or paper, presentment or indictment, criminal warrant pending action from grand jury, two dollars ($2.00).
(3) Taking acknowledgment on legal instruments.
(A) For qualifying each surety on a bond or for taking an affidavit, two dollars ($2.00).
(B) For affixing the seal on any legal instrument, two dollars ($2.00).
(C) For taking a deposition, five dollars ($5.00).
(D) For empaneling a jury, two dollars ($2.00).
(E) For examining a party in interrogatories, five dollars ($5.00).
(4) Rule entries.
(A) For each order, bond, bill, complaint, motion or other pleading, document, exhibit, or article, affidavit, record or paper, presentment or indictment, criminal warrant, criminal summons, pending action from grand jury and return of process entered upon the rule, trial, or execution docket, two dollars ($2.00).
(B) For making and entering on execution docket each bill of costs, three dollars ($3.00).
(C) For entering each judgment, three dollars ($3.00).
(D) For entering judgment against state or county, where defendant is shown by execution to be insolvent, three dollars ($3.00).
(E) For entering order of appeal to any appellate court, three dollars ($3.00).
(F) For each probate of a witness, one dollar and fifty cents ($1.50).
(G) For furnishing each bill of costs, two dollars ($2.00).
(5) Minute entries and copies of legal instruments.
(A) For entering minutes or a transcript of record, or copies of any pleadings, papers, and proceedings in a cause, per one hundred (100) words, four (4) figures to be counted as a word, one dollar ($1.00).
(B) Copy of indictment or presentment for a defendant in jail, copy of indictment in minute book, copy of indictment to warden of penitentiary, two dollars ($2.00).
(C) Certified copy of sentence furnished to warden of penitentiary and certified copies and statements of sentence to workhouse for superintendent of workhouse and for county mayor, three dollars and fifty cents ($3.50).
(D) For transcript of judgment and bill of costs for comptroller or treasurer, two dollars and fifty cents ($2.50).
(E) For every certificate not included in some other service, two dollars ($2.00).
(F) Copy of commitment or acquittal to judicial cost accountant, two dollars and fifty cents ($2.50).
(G) Furnishing appointed attorneys, indigent defendants or petitioners with copies of documents at two dollars ($2.00) for the first page and one dollar ($1.00) for each additional page, not to exceed ten dollars ($10.00).
(6) Commissions.
(A) Except as provided in subdivision (a)(6)(B), for receiving and paying over all taxes, fines, forfeitures, fees and amercements, the clerk of the court is entitled to a five percent (5%) commission.
(B) For receiving and paying over all privilege taxes on litigation, the clerk of the court is entitled to a six and seventy-five hundredths percent (6.75%) commission. The total amount of commissions receivable by the clerk of the court during any fiscal year shall not be less than the amount received by such clerk during the fiscal year ending June 30, 2005; provided, that if the statewide amount of litigation tax collected during such fiscal year is less than the amount collected during the fiscal year ending June 30, 2005, then the total amount of commissions receivable by the clerk of the court for that fiscal year shall be reduced by a percentage equal to the percentage reduction in statewide litigation tax collections for that fiscal year.
(C) For selling property under decree of court, and receiving, collecting and paying out the proceeds, a commission not to exceed five percent (5%) on the amount of sales up to six thousand dollars ($6,000), and an additional amount to be fixed within such limits in the discretion of the court.
(D) On confirmation of private sales, and receiving, collecting and paying out the proceeds, a commission of two percent (2%).
(E) Additional compensation allowable by court for accounts and settlements of administration and reports under reference.
(F) For receiving and paying out workers' compensation installment payments, five percent (5%) on the dollar.
(7) Miscellaneous.
(A) For drawing deed of conveyance under orders of the court, reciting all proper facts, twenty dollars, ($20.00).
(B) For deciding upon exceptions to answers, for each exception, two dollars ($2.00).
(C) For tax encumbrances report and services connected with the report and services, three dollars ($3.00).
(D) For receiving and recording a bank's sworn statement of capital stock paid up, and its financial condition, for executing trusts, two dollars ($2.00).
(E) For each certificate as to tax bill, required to be made to the county trustee in such case, one dollar ($1.00).
(F) Workers' compensation settlements under § 50-6-304:
(i) For filing proceedings and entering any judgment on the proceedings, minimum twenty dollars ($20.00); and
(ii) For each certified copy of the final judgment, three dollars ($3.00).
(G) For receiving and handling motor vehicle license or submitting abstracts on motor vehicle violations, two dollars ($2.00).
(H) For preparing and mailing correspondence notifying defendants and attorneys of record of the setting of criminal and civil cases on the court docket, two dollars ($2.00).
(I) For proceedings in adoption and legitimation cases, change of name, registration of citizenship cases, plus any litigation tax, if applicable, seventy-five dollars ($75.00).
(J) For proceedings in uncontested divorces, plus any litigation tax and divorce referee fees, if applicable, seventy-five dollars ($75.00).
(K) For proceedings in expunging public records in the criminal, circuit, or general sessions courts, pursuant to § 40-35-313, or where an indictment, presentment or warrant was dismissed as a result of a diversion program, according to §§ 40-15-10240-15-105, inclusive, forty dollars ($40.00).
(L) (i) In criminal cases in a court of record, the circuit or criminal clerk has the option to charge a flat fee, in lieu of itemizing the fees as set forth in this subsection (a); the clerk's fee in misdemeanor and felony cases shall be, plus any state and local litigation tax applicable, two hundred fifty dollars ($250).
(ii) In criminal cases in general sessions court, the clerk has the option to charge a flat fee in lieu of itemizing the fees as set forth in this subsection (a); the clerk's fee for each conviction in criminal cases in general sessions court shall be forty dollars ($40.00).
(M) In the following cases the clerk may, at the clerk's option, charge a flat fee, instead of itemizing the fees set out in this subsection (a):
(i) The clerk's fee in contempt cases shall be thirty-five dollars ($35.00).
(ii) The clerk's fee for cases involving child support enforcement shall thirty-five dollars ($35.00).
(iii) The clerk's fee for cases involving default judgments shall be, for each case, seventy-five dollars ($75.00).
(N) The clerk shall notify the office of the comptroller of the treasury and the county mayor of the clerk's election to charge a flat fee in lieu of itemizing fees. The election to charge a flat fee shall apply to all cases set out in subdivision (a)(7)(M). Elections become effective on July 1, after notice, and shall remain effective indefinitely, unless the clerk gives notice to the office of the comptroller of the treasury and the county mayor of a change in the election.
(O) For petitions for visitation of a minor child, including grandparent visitation, seventy-five dollars ($75.00).
(P) For petitions for custody or change of custody of minor child, seventy-five dollars ($75.00).
(Q) For petitions to enter a foreign judgment, seventy-five dollars ($75.00).
(R) For filing and docketing petitions and orders not otherwise provided, seventy-five dollars ($75.00).
(S) For proceedings in claims for abandoned mineral interests cases, pursuant to § 66-5-108, thirty-five dollars ($35.00).
(T) In all cases where a fine is imposed, but is to be paid in installments, the clerk shall charge a fee for services in administering a deferred payment plan in accordance with § 40-24-101, in the amount of five percent (5%) of the total, not to exceed fifteen dollars ($15.00).
(b) The clerks of the various courts of the state administering estates, guardianships, conservatorships and other probate matters are entitled to demand and shall receive for their services the following fees:
(1) For filing petition, entering order, recording bond and issuing original letters of administration in intestacy cases, sixty dollars ($60.00).
(2) For filing petition to probate will and entering order, without issuing letters testamentary, forty-eight dollars ($48.00).
(3) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00).
(4) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00).
Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00).
(5) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00).
(6) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00).
Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00).
(7) For forwarding by mail the notice to the commissioner required by § 67-8-406(a), six dollars ($6.00).
(8) For giving notice to creditors of the qualification of a personal representative, as required by § 30-2-306(a), four dollars ($4.00).
(9) For each notice of claim against estate given as required by § 30-2-314, four dollars ($4.00).
(10) For filing petition for letters of guardianship, issuing process and cost bond, entering order, and issuing original certificate of guardianship, not including fee of the sheriff, sixty dollars ($60.00).
(11) For filing petition for removal of disabilities of minority, and entering order, thirty dollars ($30.00).
(12) For filing petition for removal of disabilities of insanity, filing affidavits and entering order, thirty dollars ($30.00).
(13) For filing petition for allowing year's support to spouses and entering all orders and reports, thirty dollars ($30.00).
(14) For filing petition to legitimate person, entering order, issuing certificates to be forwarded to the Tennessee office of vital records, maximum, sixty dollars ($60.00).
(15) For filing petition for change of name, and entering order, maximum, sixty dollars ($60.00).
(16) For filing inventory and recording same in inventory record book, ten dollars ($10.00).
(17) For entering each order not otherwise provided for, twelve dollars, ($12.00).
(18) For filing petition for habeas corpus, filing cost bond, issuing process, and entering order, not including fee of the sheriff, sixty dollars ($60.00).
(19) For filing and recording annual settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty dollars ($30.00).
Plus for each additional page in excess of three (3) pages, one dollar ($1.00).
(20) For filing and recording final settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty-six dollars ($36.00).
Plus for each additional page in excess of three (3) pages, one dollar ($1.00).
(21) For filing petition under the mental health law, compiled in title 33, issuing notices of hearing, entering returns, and entering judgments after hearing, not including fees of sheriff, fifty dollars ($50.00).
(22) For entering order increasing bonds of guardians, conservators, executors and administrators and recording bond, twenty-two dollars, ($22.00).
(23) For issuing each additional copy of letters of administration, testamentary, guardianships and conservatorships, six dollars ($6.00).
(24) For each certificate issued, except under acts of congress, four dollars ($4.00).
(25) For each certificate issued under acts of congress, six dollars ($6.00).
(26) For issuing supplemental certificate showing letters to be in force, six dollars ($6.00).
(27) For making certified copies of documents, per page, two dollars ($2.00), plus for certificate, two dollars ($2.00).
(28) For making photocopies of documents, per page, one dollar ($1.00).
(29) For filing exceptions to claims against estates, mailing notices and entering orders, forty-two dollars ($42.00).
(30) For filing petition for delayed or corrected birth certificate, and entering order, thirty-six dollars ($36.00).
(31) For filing and docketing claims against decedent's estate, each claim, five dollars ($5.00).
For filing release of each claim, two dollars ($2.00).
(32) For filing and docketing petition and order not otherwise provided for, thirty dollars ($30.00).
(33) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, eleven dollars ($11.00).
(34) For filing small estate affidavits, including certifying to one (1) copy, thirty dollars ($30.00).
Each additional copy, two dollars ($2.00).
(35) For filing petition and cost bond in causes involving sale of real estate, eighteen dollars ($18.00).
(36) For filing each answer in causes described in this subsection (b), seven dollars ($7.00).
(37) For filing each report in causes described in this subsection (b), seven dollars ($7.00).
(38) For issuing summons and return in causes described in this subsection (b), including copy of process, eleven dollars ($11.00).
(39) For entering orders pro confesso in causes described in this subsection (b), seven dollars ($7.00).
(40) For issuing and entering order of publication in causes described in this subsection (b), seven dollars ($7.00).
(41) For filing each amended petition in causes described in this subsection (b), ten dollars ($10.00).
(42) For entering order appointing guardian ad litem in causes described in this subsection (b), twelve dollars ($12.00).
(43) For entering final order in each of the causes described in this subsection (b), twelve dollars ($12.00).
(44) Commissions on funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and receiving, collecting and paying out the proceeds, a maximum commission of two percent (2%).
(45) For selling property under decree of court and receiving, collecting, and paying out the proceeds, a commission not to exceed five percent (5%) on the amount of sales up to six thousand dollars ($6,000), and an additional amount to be fixed within such limits, in the discretion of the court.
(c) Indigent Parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means of a pauper's oath in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.
(d) In each new case filed, the clerk may, at the clerk's option, charge an additional fee for data entry, such fee shall be two dollars ($2.00).
(e) Fee for entering each continuance, five dollars ($5.00).
(f) Investments.
(1) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk, and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer.
(2) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation.
(3) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment.
(g) (1) In delinquent property tax cases, the clerks of the courts shall receive a fee for basic services, to be specified by order of the courts, against each delinquent upon the filing of the complaint. Additionally, the clerk shall receive for other services the statutory fees allowed the clerks under existing laws.
(2) For annually providing to the county trustee the list of delinquent taxpayers mandated by § 67-5-2403, the clerk shall receive a fee of five dollars ($5.00) for each property listed for each year, which shall be added to all the fees and costs in such suits.
[Acts 2005, ch. 429, § 18.]