[First Reprint]

ASSEMBLY, No. 1710

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 4, 1996

 

 

By Assemblymen COLLINS and DORIA

 

 

An Act increasing certain filing fees in civil actions and amending and supplementing Title 22A of the New Jersey Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. N.J.S.22A:2-1 is amended to read as follows:

    22A:2-1. For services hereinafter mentioned, the Clerk of the Supreme Court shall be entitled to demand and receive the following fees:

    Upon the filing or entering of the notice of appeal, notice of cross-appeal or notice of petition for certification, notice of cross-petition for certification or notice of petition for review, the appellant, cross-appellant, petitioner or cross-petitioner shall pay[$135.00] $160.00.

    Upon the filing of the first paper in any motion, petition or application (including an order if it be the first paper), if not in a pending cause or if made after judgment entered, the moving party shall pay $25.00 which shall cover all fees payable on such motion, petition or application down to and including filing and entering the order therein and taxation of costs.

(cf: P.L.1991, c.177, s.5)

 

    2. N.J.S.22A:2-6 is amended to read as follows:

    22A:2-6. [a.] Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk[$135.00] $160.00 for the first paper filed by him, which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. 1[Of the[$135.00] $160.00 paid to the clerk, $40.00 shall be paid over by him to the treasurer of the county in which venue is laid for the use of the county.]1 Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk[$135.00] $160.00 for the first paper filed by him. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk[$80.00] $100.00 for the first paper filed by him. [After December 31, 1994, the $135.00 filing fee shall be paid to the clerk, for use by the State.

    b. From July 1, 1991 to June 30, 1992 the $80.00 fee set forth in subsection a. for the filing of a paper by a person other than the plaintiff shall be paid to the clerk, for use by the State. After June 30, 1992, of the $80.00 paid to the clerk, $25.00 shall be paid over by him to the treasurer of the county in which venue is laid for the use of the county. After December 31, 1994, the $80.00 fee set forth in subsection a. for the filing of a paper by a person other than the plaintiff shall be paid to the clerk, for use by the State.

    c.] Any person filing a motion in any action or proceeding shall pay to the clerk $15.00. [From July 1, 1991, to June 30, 1992, the $15.00 motion fee shall be paid to the clerk, for use by the State. After June 30, 1992, the $15.00 motion fee shall be paid over to the treasurer of the county in which venue is laid for the use of the county. After December 31, 1994, the $15.00 motion fee shall be paid to the clerk, for use by the State.]

(cf: P.L.1993, c.275, s.10)

 

    3. N.J.S.22A:2-12 is amended to read as follows:

    22A:2-12. Upon the filing of the first paper in any action or proceeding in the Chancery Division of the Superior Court, there shall be paid to the clerk of the court, for the use of the State, the following fees, which, except as hereinafter provided, shall constitute the entire fees to be collected by the clerk for the use of the State, down to the final disposition of the cause:

    Receivership and partition,[$135.00] $160.00.

    All other actions and proceedings except in probate cases and actions and proceedings for divorce,[$135.00] $160.00.

    Actions and proceedings for divorce, $160.00, $25.00 of which shall be forwarded by the Clerk of the Superior Court as provided in section 2 of P.L.1993, c.188 (C.52:27D-43.24a).

    Any person filing a motion in any action or proceeding shall pay to the clerk $15.00.

(cf: P.L.1993, c.188, s.1)

 

    4. N.J.S.22A:2-13 is amended to read as follows:

    22A:2-13. Each person other than the plaintiff filing an answering pleading or other answering paper in the Chancery Division of the Superior Court shall at the time of filing the first paper, pay to the clerk the sum of[$80.00] $100.00; which shall cover all fees payable therein except such as may be otherwise provided herein or by law or the rules of court.

(cf: P.L.1991, c.177, s.9)

 

    5. Section 14 of P.L.1991, c.177(C.22A:2-37.1) is amended to read as follows:

    14. a. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:

    (1) Filing of small claim, one defendant.......... $12.00

     Each additional defendant.................... $ 2.00

    (2) Filing of complaint in tenancy, one

     defendant.................................... [$15.00] $20.00

    Each additional defendant................... $ 2.00

    (3) (a) Filing of complaint, counterclaim,

     cross-claim or third party complaint

     in all other civil actions, whether

     commenced without process or by summons,

     capias, replevin or attachment where

     the amount exceeds $1,000.00................. [$38.00] $45.00

    Each additional defendant........................ $ 2.00

     (b) Filing of complaint, counterclaim,

     cross-claim or third party complaint

     in all other civil actions, whether

     commenced without process or by

     summons, capias, replevin or

     attachment where the amount does not

     exceed $1,000.00............................. [$22.00] $27.00

    Each additional defendant........................ $ 2.00

    (4) Filing of answer in all matters except

     small claims................................. [$ 7.00] $10.00

    (5) Service of Process:  

     Summons by mail, each defendant.............. $ 3.00

     Summons by mail, each defendant at

     place of business or employment with

     postal instructions to deliver to

     addressee only, additional fee............... $ 3.00

    Reservice of summons by mail, each defendant..... $ 3.00

    Reservice of summons or other original

     process by court officer, one defendant...... $ 3.00

     plus mileage

    Each additional defendant........................ $ 2.00

     plus mileage

    Substituted service of process by the clerk

     upon the Director of the Division of

     Motor Vehicles............................... $10.00

    (6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in or out, by the most direct route from the place where process is issued, at the same rate per mile set by the county governing body for other county employees and the total mileage fee rounded upward to the nearest dollar

    (7) Jury of six persons........................ $50.00

    (8) Warrant for possession in tenancy.......... $15.00

    (9) Warrant to arrest, commitment or writ

     of capias ad respondendum, each

     defendant.................................. $15.00

    (10) Writ of execution or an order in the

     nature of execution, writs of replevin

     and attachment issued subsequent to

     summons.................................... $ 5.00

    (11) For advertising property under execution

     or any order............................... $10.00

    (12) For selling property under execution or

     any order.................................. $10.00

    (13) Exemplified copy of judgment (two pages)... $ 5.00

    each additional page........................ $ 1.00

    b. Except as provided in subsection c., the clerk shall pay over to the treasurer of the county in which the action is filed all fees collected pursuant to this section. After December 31, 1994, the clerk shall pay over to the State all fees collected pursuant to this section, including the entire fee collected pursuant to paragraph (3) of subsection a.

    c. From July 1, 1991 to June 30, 1993, the clerk shall pay over to the treasurer of the county in which the action is filed $12.00 of each fee paid to the clerk pursuant to paragraph (3) of subsection a., with the balance made available for use by the State.

(cf: P.L.1993, c.275, s.13)

 

    6. (New section) An amount equal to the increase in fees collected pursuant to the provisions of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be annually appropriated to the Department of Community Affairs for the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey.

 

    7. This act shall take effect 60 days following enactment.


                            

 

Increases certain filing fees to provide funds to Legal Services.