Washington Code 3.62.060 – Filing fees in civil cases — Surcharge — Fees allowed as court costs
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(1) Clerks of the district courts shall collect the following fees for their official services:
Terms Used In Washington Code 3.62.060
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of forty-three dollars plus any surcharge authorized by RCW 7.75.035. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of forty-three dollars plus any surcharge authorized by RCW 7.75.035. No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.
(b) For issuing a writ of garnishment or other writ, or for filing an attorney issued writ of garnishment, a fee of twelve dollars.
(c) For filing a supplemental proceeding a fee of twenty dollars.
(d) For demanding a jury in a civil case a fee of one hundred twenty-five dollars to be paid by the person demanding a jury.
(e) For preparing a transcript of a judgment a fee of twenty dollars.
(f) For certifying any document on file or of record in the clerk’s office a fee of five dollars.
(g) At the option of the district court:
(i) For preparing a certified copy of an instrument on file or of record in the clerk’s office, for the first page or portion of the first page, a fee of five dollars, and for each additional page or portion of a page, a fee of one dollar;
(ii) For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed;
(iii) For preparing a copy of an instrument on file or of record in the clerk’s office without a seal, a fee of fifty cents per page;
(iv) When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page;
(v) For copies made on a compact disc, an additional fee of twenty dollars for each compact disc.
(h) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).
(i) At the option of the district court, for clerk’s services such as processing ex parte orders, performing historical searches, compiling statistical reports, and conducting exceptional record searches, a fee not to exceed twenty dollars per hour or portion of an hour.
(j) For duplication of part or all of the electronic recording of a proceeding ten dollars per tape or other electronic storage medium.
(k) For filing any abstract of judgment or transcript of judgment from a municipal court or municipal department of a district court organized under the laws of this state a fee of forty-three dollars.
(l) At the option of the district court, a service fee of up to three dollars for the first page and one dollar for each additional page for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
(2)(a) In addition to the fees required to be collected under this section, clerks of the district courts must collect a surcharge of thirty dollars on all fees required to be collected under subsection (1)(a) of this section.
(b) Seventy-five percent of each surcharge collected under this subsection (2) must be remitted to the state treasurer for deposit in the judicial stabilization trust account.
(c) Twenty-five percent of each surcharge collected under this subsection (2) must be retained by the county.
(3) The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.
[ 2021 c 303 § 1; 2017 3rd sp.s. c 2 § 1; 2013 2nd sp.s. c 7 § 1; 2012 c 199 § 1; 2011 1st sp.s. c 44 § 4. Prior: 2009 c 572 § 1; 2009 c 372 § 1; 2007 c 46 § 3; 2005 c 457 § 9; 2003 c 222 § 15; 1992 c 62 § 8; 1990 c 172 § 2; 1987 c 382 § 2; 1984 c 258 § 309; 1981 c 330 § 1; 1980 c 162 § 9; 1969 c 25 § 1; 1965 c 55 § 1; 1961 c 299 § 110.]
NOTES:
Effective date—2021 c 303: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2021.” [ 2021 c 303 § 4.]
Effective date—2017 3rd sp.s. c 2: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2017.” [ 2017 3rd sp.s. c 2 § 4.]
Effective date—2013 2nd sp.s. c 7: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013.” [ 2013 2nd sp.s. c 7 § 4.]
Effective date—2011 1st sp.s. c 44: See note following RCW 3.62.020.
Effective date—2009 c 572: See note following RCW 43.79.505.
Intent—2005 c 457: See note following RCW 43.08.250.
Effective date—1992 c 62: See RCW 27.24.900.
Effective date—1990 c 172: See note following RCW 7.75.035.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.34.130.
Severability—1981 c 330: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [ 1981 c 330 § 11.]
Effective dates, savings—Severability—1980 c 162: See notes following RCW 3.02.010.