FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS

Transcription

1 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS A summary of the most frequently used filing fees, surcharges, and costs in: County Court Civil Small Claims Criminal Water Court Court of Appeals Supreme Court District Court Civil Domestic Relations Probate Juvenile Criminal Miscellaneous s No s Charged Colorado Judicial Branch Office of the State Court Administrator 1300 Broadway #1200 Denver, CO This information is designed to provide members of the public, members of the bar, and court personnel with the most current filing fees, surcharges, and cost information for the Colorado State Courts. Only the most frequently used fees, surcharges, and costs are indicated. All fees, surcharges, and costs include the appropriate statutory reference and applicable taxes and special fees. All fees, surcharges and costs are current as of July 1, If you have questions, please direct them first to the appropriate Clerk of Court in your county. You may also call Court Business Services of the State Court Administrator s Office at for assistance. We hope this information is helpful to you. Please note: This document is revised whenever significant changes occur. Your comments are welcome. JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 1 of 10

2 COUNTY COURT CIVIL FEES (JURISDICTIONAL LIMIT OF $15, OR LESS) 1. Plaintiff, Petitioner (1)(c)(lII)(A) $ Third Party Plaintiff, Intervenor, Party filing answer with cross claim or counter claim 3. Defendant, Respondent, Third Party Defendant, other party (not filing cross claim or counter claim) 4. Defendant filing Motion to Dismiss for failure to file a Complaint (1)(c)(IlI)(A) $ (1)(c)(lII)(B) $ (2) $ Petition to change name (1)(c)(lII)(A) $ Rule 369 docket fee; Judgment Creditor (6); Rule 369, CRCP 7. Foreign judgment $ Civil protection order (1)(c)(lII)(A) $ Jury demand fee $98.00 SMALL CLAIMS FEES 8 (JURISDICTIONAL LIMIT OF $7, OR LESS) 1. Plaintiff: Up to $ $ to $7, (1)(c)(lV)(A) (1)(c)(lV)(C) $31.00 $ Defendant (without counterclaim: Up to $ $ to $7, Party (with counter claim): If Plaintiff s claim is $ or less and counterclaim is $ or less. If Plaintiff s claim is more than $ or counterclaim is more than $ and is not more than $7, (1)(c)(lV)(B) (1)(c)(lV)(D) (1)(c)(IV)(E) $26.00 $41.00 $ (1)(c)(IV)(F) $ Rule 369 docket fee; Judgment Creditor (6); Rule 369, CRCP JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 2 of 10

3 COUNTY COURT CRIMINAL FEES AND SURCHARGES 1. Defendant upon conviction (other than infractions) $21.00 $5.00 $ Defendant upon conviction (infractions) (4) $19.00 $5.00 $ Appeal from Municipal Court (not of record) (1) & (1) 4. Probation supervision fee (2)(a)(V) $50.00 per month Misdemeanor, petty offense, traffic 5. Jury demand fee; petty offense (2) $ Deferred Judgment/Sentence & $21.00 $5.00 $ Victim s compensation cost Offenses prior to Offenses on or after Misdemeanors (1)(a) $60.00 $78.00 Traffic Offense (1)(a) $35.00 $46.00 Traffic Offense (1)(a) $25.00 $33.00 Alcohol/drug offenses (1)(c) $25.00 $33.00 Deferred Judgment/Sentence (1)(a)(c) Applicable amount Applicable amount 8. Alcohol/drug related traffic offenses LEAF (Law Enforcement Assistance Fund) (1) $90.00 Alcohol/drug evaluation cost $ Persistent drunk driver surcharge (10)(b) $ minimum $ Drug offender surcharge Offenses prior to Offenses on or after (1)(f) $ $1, (1)(g) $ $ (1)(h) $ $ Class 2 Petty Offense (marijuana) (2) $ $ Surcharge applies to deferred sentences (1), (2) Applicable Amount Applicable Amount 10. Outstanding judgment/warrant cost (3) & (7) Useful public service fee (5) & (6) Up to Victim s assistance surcharge & % of fine or applicable minimum or surcharge table 6 Misdemeanors Class 1 Misdemeanor Traffic Offense Class 2 Misdemeanor Traffic Offense County Ordinance (2) Offenses prior to Offenses between and Offenses on or after Restitution Varies 14. Time payment fee (1) $ Late penalty fee (1) $ Family friendly court surcharge (4)(a)(VI) $ Traumatic brain injury surcharge Alcohol/Drug Offense Traffic/Infraction Offense (10)(c) (4)(e)(I) (II) (13)(b) & (4.5) $20.00 $ Offender identification fee and $ Public defender fee (3) $ Sex offender surcharge (1)(f) $ (1)(g) $ (1)(h) $ Child abuse investigation surcharge (2)(f) $ (2)(g) $ (2)(h) $ Adolescent substance abuse surcharge (2)(b)(IV) $ Victim address confidentially surcharge & $ Genetic Testing Surcharge $ Rural Alcohol & Substance Abuse Surcharge (10)(d)(I) & (4)(f) $1.00 $10.00 JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 3 of 10

4 DISTRICT COURT CIVIL FEES 1. Plaintiff, Petitioner, Administrative Hearings (1)(d) $ CRCP 106(a)(4)(II) 2. Intervenor (adds new party) (1)(d) $ Rule 24(c), CRCP 3. Defendant, Respondent (not filing a cross or counter claim (1)(f) $ Answer Only) 4. Third Party Plaintiff (1)(d) $ Defendant, Respondent filing a cross or counterclaim or both and an (1)(d) $ answer fee previously paid (1)(f) 6. Defendant filing an answer and a cross or counterclaim or (1)(d) $ both (1)(f) 7. Defendant filing an answer and also filing third party (1)(d) $ complaint but not filing cross or counter claim (1)(f) 8. Defendant filing an answer and a cross or counter claim and a third party complaint (1)(d) (1)(f) $ Rule 69 docket fee; Judgment Creditor (6) 10. Petitioner under Rule 120, CRCP (3) $ Respondent under Rule 120(h) CRCP (1)(d) $ Foreign judgment $ Petition to change name ; $ (1)(d) 14. Defendant s motion to dismiss for failure to file complaint (2) $ Appellant; Appellee (1)(e) Civil Appeals Rule (1)(f) 16. Appeal from County or Municipal Court of Record (1); Criminal Rule 37 $ $ Petition to seal criminal record $ Petition to seal criminal conviction For controlled substance convictions entered on or after July 1, 2011, or felony drug offenses occurring on or after October 1, $ (4)(b) For controlled substance convictions entered prior to July 1, $ Jury demand fee Note: Does not apply for a jury demand pursuant to , C.R.S. 20. Additional fee against Judgment Debtors: Over $ 5,000, not more than $10,000 Over $10,000, not more than $20,000 Over $20,000, not more than $30,000 Over $30,000, not more than $50,000 Over $50, For petty and $ municipal offenses (not related to controlled substances) $ (4)(b) $10.00 $30.00 $50.00 $90.00 $ $2.00 for each $1,000 over $50,000 JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 4 of 10

5 DISTRICT COURT DOMESTIC RELATIONS FEES 1. Petition for Dissolution of Marriage or Civil Union (1)(a) $ Petition for Legal Separation, Declaration of Invalidity of (1)(a) $ Marriage or Civil Union 3. Petition for Allocation of Parental Responsibilities (1)(a) $ Petitioner - Declaratory Judgment (1)(a) $ Petition to Prevent Removal of Child (1)(d) $ Intervenor (adds new party) Rule 24(c), CRCP (1)(d); $ Response (1)(b) $ Foreign Decree/Judgment ; $ Registration: Child- Custody Determination Expedited Child-Custody Determination Enforcement Child-Custody Support Order 10. Motion to modify, amend or alter decree or order (more than 60 days after decree entered) 11. Motion to modify final or permanent order concerning parentage with DNA results $ (2) $ (8) DISTRICT COURT PROBATE FEES 1. 1 st filings including, excluding Small Estate: Decedent s Estate (Formal & Informal) Guardianship Conservatorship Personal Injury Settlement (1)(b) $ Petition to Accept Transfer 2. Small estate (1)(a) $ Additional fee for supervised administration (except contested claims) (1)(c) $ Petition for Allowance of Claim/Contested Claim (1)(d) $ Trust Registration Statement (1)(e) $ Petition for Trust Action (1)(f) $ Registration of Foreign Guardianship and/or Conservatorship $ JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 5 of 10

6 8. Deposit of Will 9. Demand for Notice 10. Public Administrator Statement Less than $ $ but less than $2, $2, or more (1)(h); (1)(g); (1)(a) and $15.00 $30.00 $0.00 $15.00 $ Jury demand fee $ DISTRICT COURT JUVENILE CIVIL FEES 1. Adoption Petition (1)(g) $ Action under Uniform Parentage Act and (1)(d) $ Juvenile Party Response (1)(d) $ Petition to change name ; (1)(d) $ Intervenor (Adds new party) Rule 24(c), CRCP (1)(d) $ Motion to modify final or permanent order concerning parentage with DNA results and (8) DISTRICT COURT JUVENILE FEES 1. Victim s Compensation Cost Felonies Misdemeanors 2. Victim s assistance surcharge (1)(d) (1)(d) Offenses prior to $ $ % of fine or applicable minimum Offenses on or after $ $78.00 Offenses prior Offenses between Offenses on or to and after Felonies Misdemeanors $ $ $ $60.00 $78.00 $ Restitution Varies 4. Sex offender surcharge and (6) Class 2 Felony $1, Class 3 Felony $1, Class 4 Felony $ Class 5 Felony $ Class 6 Felony $ $ $ $ Offender identification fee and $ and Time payment fee (1) $ Late penalty fee (1) $ Public defender fee (3) $ Cost of care $1, annually JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 6 of 10

7 DISTRICT COURT CRIMINAL FEES 1. Defendant upon conviction $35.00 $5.00 $ Probation supervision fee; Felony, Misdemeanor or Petty offenses (2)(a)(V) $50.00 per month 3. Victim s compensation cost Offenses prior to Offenses on or after Felonies (1)(a) $ $ Misdemeanors (1)(a) Victim s assistance surcharge % of fine or applicable minimum Offenses prior to Offenses between Offenses on or after and Felonies $ $ $ Misdemeanors $60.00 $78.00 $ Restitution Varies 6. Drug offender surcharge: Offenses prior to Offenses on or after Class 2 Felony (1)(a) Class 3 Felony (1)(b) $4, $4, $3, $3, Class 4 Felony (1)(c) $1, $2, Class 5 Felony (1)(d) $1, $1, Class 6 Felony (1)(e) $ $1, (1)(f) $ $1, (1)(g) $ $ (1)(h) $ $ Class 2 Petty Offense (marijuana) (2) $ $ Surcharge applies to deferred sentences (1)(2) Applicable Amount Applicable Amount (1)(a)(ll) 7. Special advocate surcharge Applies to: ; ; ; ; ; ; ; ; ; ; Sex offender surcharge Class 2 Felony Class 3 Felony Class 4 Felony Class 5 Felony Class 6 Felony (1)(a) (1)(b) (1)(c) (1)(d) (1)(e) (1)(f) (1)(g) (1)(h) Offenses prior to $ Offenses on or after $ $3, $2, $1, $ $ $ $ $ Child abuse investigation surcharge Class 2 Felony (2)(a) $1, Class 3 Felony (2)(b) $1, Class 4 Felony (2)(c) $ Class 5 Felony (2)(d) $ Class 6 Felony (2)(e) $ Youthful offender surcharge % of fine imposed 11. Useful public service fee (6) Up to $ Time payment fee (1) $ Late penalty fee (1) $ Offender identification fee & $ Standardized offender assessment Screening only (SSI) $45.00 Full assessment (SSI, ASUS, LSI) $ Public defender fee (3) $ Cost of care $1, annually Cost of prosecution Varies 19. Victim address confidentially surcharge & $ Genetic Testing Surcharge $ Rural Alcohol & Substance Abuse Surcharge $1.00 $10.00 JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 7 of 10

8 DISTRICT AND COUNTY COURT MISCELLANEOUS FEES CRS or other Reference Total 1. Issuing and docketing an execution (1)(b) $ Certificate of Dismissal or no suit pending (1)(c) $ Certificate of Satisfaction of Judgment (1)(d) $ Certifying a copy of any record, proceeding, or paper on file (1)(f) $ Preparing and issuing Transcript of Judgment (1)(g) $ Certificate of Exemplification of any record, (1)(h) $20.00 proceeding, or paper on file 7. Writ of Garnishment (1)(j) $ Writ of Attachment (1)(k) $ Returned check insufficient funds (2) $ Copies of documents Filed with the Court (1)(a).75 per page or $1.50 if double-sided 11. Copies of documents Not filed with the Court, i.e. Coin-op machine Judicial Department Fiscal Rules 12. Fax Judicial Department Fiscal Rules 13. Forms and Form Packets Protection Order forms and packets shall be free per , C.R.S. 14. Scanning Applicable where E-filing is Mandatory Judicial Department Fiscal Rules Judicial Department Fiscal Rules 15. Tape or CD Transcript Duplication Judicial Department Fiscal Rules 16. Search/Retrieval Chief Justice Directive (CJD) per page or.50 if double sided $1.00 per page for pleadings and motions $.75 per page or $1.50 if double-sided. Packets not to exceed $25.00 $50.00 per document per CRCP 121 & CJD $35.00 per duplication Charges assessed per the CJD DISTRICT AND COUNTY COURT NO FEES CHARGED CRS or other Reference 1. Mental health proceedings (2) 2. Alcohol commitment Filing a disclaimer (1)(e) 4. Acknowledgment of service for purpose of conferring jurisdiction (1)(e) 5. Answer or appearance by a Guardian ad Litem (GAL) or court-appointed attorney (1)(e) 6. Action filed by the State of Colorado, or any agencies of the State such as the Chief Justice Directive Industrial Commission, or Department of Social Services, and any county, city, or other governmental subdivision of the State. 7. Certified copy of public record required by the Veteran s Administration to determine eligibility for benefits. 8. Workers compensation cases Proceedings concerning dependent or neglected children, relinquishment, or (3)(c) delinquency. 10. Parent or child files for a court review of an order by the Board of Education. 11. Delegate child support enforcement units JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 8 of 10

9 COURT OF APPEALS 1. Appellant/Petitioner $ Appellee/Respondent $ SUPREME COURT 1. Appeals $ Appellant/Petitioner 2. Appellee/Respondent $ Cross Appellant $ Additional parties entering appearance by an attorney not of record: Appellants $ Appellees $ Certiorari Petitioner C.A.R. 51(b) $ Respondent C.A.R. 51(d) $ Original Actions (Proceedings) Petitioner (writs under Constitution) C.A.R. 21 (c) $ WATER COURT 7 1. Application, Complaint, Petition, or any other pleading initiating a water matter 2. Intervenor treated as an applicant and charged an additional fee. If simply protecting an interest, treated the same as a respondent in a civil case (1)(d) $ (1)(d) and Judicial interpretation $ $ Application for Change of Water Right or Plan for Augmentation (1)(d) $ (Double filing fee) 4. Publication costs (3)(a) Actual costs 5. Statement of Opposition (1)(d) $ Pleading in protest or support of referee s ruling (exempt (2) $ from fee if already a party) 7. Protest to abandonment list (5) $ Appeal for Division 1 Only Appeal of a decision made by the State Engineer concerning (3)(e) Proponent of the Substitute water Supply Plan Any other party to the Appeal $ Rule 69 docket fee; Judgment Creditor (6); Rule 69, CRCP 10. Copy of decree (per page) (8); (8) $.75 JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 9 of 10

10 FOOTNOTES: 1 Statutory revision tax ( , C.R.S.) - $ Vital statistics tax ( (2), C.R.S.) - $ Displaced Homemaker Fund ( , C.R.S.) - $ May be waived if non-resident. 5 May be assessed as many times as there are new judgments/warrants. 6 Must impose minimum under (1)(a), C.R.S. or 37%, whichever is larger. 7 No fee or tax shall be assessed to the State of Colorado or any agency of its executive department under (1)(d), C.R.S. and (22), C.R.S. For any water court fees and costs not specified, refer to the District Court Civil Schedule. 8 The Clerk of the Small Claims Court shall collect, in advance, the fee of the actual charge for each service of process attempted by certified mail. 10 The $97.00 filing fee is assessed, except when the Petitioner is seeking a Protection Order for domestic abuse, stalking, sexual assault or unlawful sexual contact. The filing fee and service fees can be assessed to the Restrained Party at the Permanent Orders Hearing. 9 Total cost of care that can be assessed ($1,594.00) less any supervision fees ordered. 11 Includes $5.00 for the Domestic Abuse Program Fund and $5.00 for the Family Violence Justice Fund ( (5)(a)(IX) d (x) 12 Assessed at the final disposition of the case on applications submitted on or after JDF 1 R2/14 FILING FEES, SURCHARGES, AND COSTS IN COLORADO STATE COURTS Page 10 of 10