Washington Code 36.18.016 – Various fees collected — Not subject to division
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(1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.
Terms Used In Washington Code 36.18.016
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Conviction: A judgement of guilt against a criminal defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2)(a) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, and any party filing a counterclaim, cross-claim, or third-party claim in any such action, a fee of $36 must be paid.
(b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity of marriage shall pay, at the time and in addition to the filing fee required under RCW 36.18.020, a fee of $54. The clerk of the superior court shall transmit monthly $48 of the $54 fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be retained by the county for the purpose of supporting community-based domestic violence services within the county, except for five percent of the six dollars, which may be retained by the court for administrative purposes. On or before December 15th of each year, the county shall report to the department of social and health services revenues associated with this section and community-based domestic violence services expenditures. The department of social and health services shall develop a reporting form to be utilized by counties for uniform reporting purposes.
(3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of $125; if the demand is for a jury of 12, a fee of $250. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of 12, an additional $125 fee will be required of the party demanding the increased number of jurors.
(b) Upon conviction in criminal cases a jury demand charge of $125 for a jury of six, or $250 for a jury of 12 may be imposed as costs under RCW 10.46.190.
(4) 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 must be charged. For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed must be charged. For preparing a copy of an instrument on file or of record in the clerk’s office without a seal, a fee of 50 cents per page must be charged. When copying a document without a seal or file that is in an electronic format, a fee of 25 cents per page must be charged. For copies made on a compact disc, an additional fee of $20 for each compact disc must be charged.
(5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of $20 must be charged.
(7) For filing a supplemental proceeding, a fee of $20 must be charged.
(8) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.
(9) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of five dollars.
(10) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.
(11) For clerk’s services such as performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed $30 per hour.
(12) For processing ex parte orders, the clerk may collect a fee of $30.
(13) For duplicated recordings of court’s proceedings there must be a fee of $10 for each audiotape and $25 for each video or other electronic storage medium.
(14) For registration of land titles, Torrens Act, under *RCW 65.12.780, a fee of $20 must be charged.
(15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of $200 must be charged. When the extension of judgment is at the request of the clerk, the $200 charge may be imposed as court costs under RCW 10.46.190.
(16) A facilitator surcharge of up to $20 must be charged as authorized under RCW 26.12.240.
(17) For filing an adjudication claim under RCW 90.03.180, a fee of $25 must be charged.
(18) For filing a claim of frivolous lien under RCW 60.04.081 or 60.90.130 or filing an action to release a lien under RCW 60.90.090 and 60.90.140, a fee of $35 must be charged.
(19) For preparation of a change of venue, a fee of $20 must be charged by the originating court in addition to the per page charges in subsection (4) of this section.
(20) A service fee of five dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
(21) For preparation of clerk’s papers under RAP 9.7, a fee of 50 cents per page must be charged.
(22) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.
(23) Investment service charge and earnings under RCW 36.48.090 must be charged.
(24) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.
(25) For filing a request for civil arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed $250 as established by authority of local ordinance. $220 of this charge shall be used to offset the cost of the civil arbitration program. $30 of each fee collected under this subsection must be used for indigent defense services.
(26) For filing a request for trial de novo of a civil arbitration award, a fee not to exceed $400 as established by authority of local ordinance must be charged.
(27) A public agency may not charge a fee to a law enforcement agency, for preparation, copying, or mailing of certified copies of the judgment and sentence, information, affidavit of probable cause, and/or the notice of requirement to register, of a sex offender convicted in a Washington court, when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex offender’s registration file.
(28) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of $20 must be charged.
(29) A surcharge of up to $20 may be charged in dissolution and legal separation actions as authorized by RCW 26.12.260.
The revenue to counties from the fees established in this section shall be deemed to be complete reimbursement from the state for the state’s share of benefits paid to the superior court judges of the state prior to July 24, 2005, and no claim shall lie against the state for such benefits.
[ 2022 c 29 § 12; 2021 c 102 § 17; 2018 c 36 § 7; 2016 c 74 § 4. Prior: 2015 c 275 § 11; 2015 c 265 § 27; 2009 c 417 § 2; 2007 c 496 § 204; 2006 c 192 § 2; prior: 2005 c 457 § 18; 2005 c 374 § 2; 2005 c 202 § 1; 2002 c 338 § 2; 2001 c 146 § 2; 2000 c 170 § 1; 1999 c 397 § 8; 1996 c 56 § 5; 1995 c 292 § 14.]
NOTES:
*Reviser’s note: RCW 65.12.780 was repealed by 2022 c 66 § 1.
Housing voucher program outcome evaluation and benefit-cost analysis—Transfer of residual funds to the general fund—2022 c 29: See notes following RCW 9.94A.729.
Applicability—Effective date—2018 c 36: See notes following RCW 7.06.043.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Effective dates—2007 c 496 §§ 201, 202, 204, and 501: See note following RCW 26.12.260.
Part headings not law—2007 c 496: See note following RCW 26.09.002.
Intent—2005 c 457: See note following RCW 43.08.250.