ASSEMBLY SUBSTITUTE FOR

SENATE, No. 1181 and ASSEMBLY, No. 1710

 

STATE OF NEW JERSEY

 

 

ADOPTED JUNE 24, 1996

 

 

Sponsored by Assemblymen COLLINS and DORIA

 

 

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

 

      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. [Of the $135.00 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.] 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) a. 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.

      b. There is created in the Department of the Treasury a non-lapsing, revolving fund into which the Treasurer shall deposit annually an amount equal to the revenue derived from the increase in the fees collected pursuant to P.L. , c. (C. ) (now pending before the Legislature as this bill). Interest and other income earned on monies deposited into this fund shall be credited to the fund. Moneys in the fund shall be appropriated and distributed annually exclusively for the purposes set forth in subsection a. of this section. The State Treasurer shall have perfomed an audit of this fund biennially following the effective date of P.L. , c . (C. ) (now pending before the Legislature as this bill) and the results of the audit shall be included in the report required pursuant to subsection c. of this section.

      c. The State Treasurer shall submit an annual report to the Legislature on the use of the fees collected pursuant P.L. , c. (C. ) (now pending before the Legislature as this bill) and deposited into the fund created pursuant to subsection b. of this section. The report shall be submitted to the President of the Senate and Speaker of the General Assembly, and the Senate Budget and Appropriations Committee, Assembly Appropriations Committee, Senate Judiciary Committee and Assembly Judiciary Committee, or their successors.

 

      7. a. There is appropriated $8,000,000 from the General Fund to the Department of Community Affairs for the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey.

      b. The State Treasurer shall repay the General Fund for any funds appropriated pursuant to this section as funds become available in the fund created pursuant to subsection b. of section 6 of P.L. , c. (C. ) (now pending before the Legislature as this bill.)

 

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

 

 

STATEMENT

 

      The floor substitute for S1181 (2R) and Assembly Bill No.1710 (1R) would raise several civil court filing fees in order to provide an annual appropriation to Legal Services of New Jersey which presently provides legal services to the poor in civil matters under a contract with the Department of Community Affairs. Among the fees increased is the filing fee for instituting an action in the Law Division of Superior Court which would be raised from $135.00 to $160.00. I t is anticipated that the fee increases proposed in this floor substitute will raise approximately $8 million annually. These funds are needed to offset an anticipated loss in federal funds by Legal Services.

      This substitute would also appropriate 8,000,000 for FY97 from the General Fund to the Department of Community Affairs to fund Legal Services. In addition, the substitute creates a non-lapsing, revolving fund into which the Treasurer deposits annually an amount equal to the revenue derived from the increase. After FY97, the Legislature is required to appropriate annually from the fund to Legal Services.

 

 

                            

 

Increases certain filing fees to provide funds to Legal Services; makes an appropriation.