NORTH DAKOTA COURT FEE SCHEDULE. Effective May 1, 2007
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1 NORTH DAKOTA COURT FEE SCHEDULE Effective May 1, 2007 This schedule has been compiled to assist clerks of district court in determining the fee to be charged under Section and other related sections of the North Dakota Century Code. Any question regarding the appropriate fee to be charged for clerk of court services should be referred to the Office of State Court Administrator. Note: Except where otherwise indicated, ALL fees must be forwarded to the State Treasurer for deposit in the state general fund or a state special fund. I. Fee for filing a case for decision in district court. 1...For filing for dissolution or reinstatement...of corporation [Titles 6 and 10]...$ For filing a petition for divorce, annulment...or separation from bed and board [Title 14]...$ For filing a motion to modify an order for...alimony, property division, child support,...or child custody; for filing a stipulation...to such a modification...$ For filing a motion for enforcement or modification of child visitation No Fee 5...For filing an application for domestic...violence protection order [ (6)]...No Fee 6...For filing petition for disorderly conduct restraining order [ ]...$ For filing petition for disorderly conduct restraining order and proceeding seeks relief due to domestic violence [ (11)]...No Fee 8...For filing an action for support of a...child where there is no previous existing...court order for support of the child...[chapter ]...$ except where action is filed by state's...attorney, regional child support enforcement...unit, county social service board or...department of human services [ ]...No Fee 9...For filing UIFSA support order or action...[ ]...no Fee 10...For registering a foreign child custody order ( ) (County fund deposit) $ For filing action for termination of...parental rights [Chapter 14-17]...$80 1
2 ...except where action is part of adoption...proceeding and filing fee for adoption has...been paid or where action is part of...juvenile proceedings [ ]...No Additional Fee 12. For filing proceedings in domestic matters not otherwise provided for in I 2-6 [Title 14 - i.e., adoption, ; determination...of father/child relationship, ]...$ For filing appeal from decision of board of...county commissioners [ ]...$ except where decision involves taking of...lands by a county for highway purposes...[ ]...no Fee 14...For filing appeal from decision of highway...commissioner [Titles 24 and 39 - i.e.,...administrative driver license suspensions,...revocations, or cancellations, ]...$ except where decision involves taking of...land by the state for highway purposes...[ ]...no Fee 15...For filing appeal from administrative...traffic hearing officer's findings...[ (5)]...no Fee 16...For filing appeal from municipal court...[ ]...no Fee 17...For filing appeal from denial of unemployment...compensation benefits by Job Service Bureau...[ ]...No Fee 18...For filing appeal from decision of administrative...agency, board, bureau, commission, state officer,...or political subdivision not otherwise provided...for in I 8-12 [Chapter or other appellate...review statutes - i.e., municipalities, ;...public service commission, ; board of...massage therapists, ; worker's...compensation bureau, ]...$ For filing probate, guardianship, or any...other testamentary cases [Title 30.1] (exceptions below)...$ (Rev 05/07)
![..For filing appeal from decision of board of...county commissioners [11-11-39]...$80 1...except where decision involves taking of...lands by a county for highway purposes...[24-05-14]...no Fee 14.](/docs-images/41/2941799/images/page_2.jpg "..For filing appeal from decision of highway...commissioner [Titles 24 and 39 - i.e.,...administrative driver license suspensions,...revocations, or cancellations, 39-20-06]...$80 1.")
3 ...except: where petition for guardianship is...filed by member of individual habilitation...plan team or other state employee in...performance of official duties [ ]...No Fee filing authenticated copies of appointment as domiciliary foreign personal representative ( )[County fund].. $ For filing, not registering, trust proceedings...[titles 30.1 and 59]...$ For filing a civil action for judicial remedy...[title 32 - i.e., personal injury, ;...injunction, ; quiet title, ;...writ of habeas corpus, ; establish/...citizenship, ; change of name, ; writ of certiorari, ;...writ of mandamus, ; establish date...and place of birth, ]...$ For filing an action to foreclose on lien...[title 35]...$ For filing claim affidavit and answer when defendant removes action to district...court [ ]...$ For filing an Affidavit of Custodial Parent under N.D.C.C No Fee Ia. Fee for filing foreign judgment, petition of subsequent administration, statement registering trust, or foreign domestic violence protection order. 1...For filing a foreign decree or judgment under N.D.C.C or (County fund deposit)...$ For filing a petition for subsequent administration of an estate under N.D.C.C (County fund deposit)...$ For filing a trust registration statement or petition for allowance of trustee's annual report or other remedies under N.D.C.C (County fund deposit)...$ For filing a foreign domestic violence protection order...no Fee
![1 and 59]...$80 1 21...For filing a civil action for judicial remedy...[title 32 - i.e., personal injury, 32-03-01;...injunction, 32-07-01; quiet title, 32-17-01;.](/docs-images/41/2941799/images/page_3.jpg "..writ of habeas corpus, 32-22-04; establish/...citizenship, 32-27-02; change of name,...32-38-02; writ of certiorari, 32-33-01;...writ of mandamus, 32-34-01; establish date.")
4 Ib. Fee for filing small claims action. 1...For filing claim affidavit [ ] (County fund deposit...$ For filing counterclaim affidavit...or answer [ ]...No Fee Ic. Fee for filing an answer. 1...For filing an answer to a case that is not a small claims action...$ For filing an answer to a motion to modify an order for alimony, property division, child support, or custody...$30 4 Where a change of venue occurs by the order of any court, no additional filing fee shall be charged by the clerk of the court to which the case has been moved. II. Fee for filing any matter authorized to be filed in office of clerk other than a case for decision. Note: All fees under this section must be forwarded to the county treasurer. 1...For filing custody order from another state...where the order is not filed as part of an...existing court proceeding [ ]...$ For filing and docketing a transcript of...judgment or order from another district...court...no Fee 3...For filing and entering an assignment of...judgment [ ]...No Fee 4...For filing and entering a renewal of...judgment [ ]...No Fee 5...For filing an acknowledgment of...satisfaction of judgment [ ]...No Fee 6...For filing bankruptcy discharge for...cancellation of judgment [ ]...No Fee 7...For filing a regular or special execution...on return [ ]...No Fee 8...For filing and indexing or recording a lien...[title 35 - i.e., miner's lien, ;...hospital lien [ ] except no fee...should be charged for filing an attorney's...lien pursuant to ]...$10 4 (Rev 05/07)
5 9...For filing and entering a certificate of...discharge of a statutory lien [Title i.e., personal property, ]...No Fee 10...For filing application, affidavit, and undertaking for release of lien...$ For all services in proceedings for...deposit in court...$10...except where the deposit is being made in...conjunction with a previously filed case...no Fee III. Fee for preparing, certifying, issuing, or transmitting any document. There is no per page charge for copies when a certified copy of a document is provided. Note: All fees under this section must be forwarded to the county treasurer. 1...For issuing a certified abstract or certified...copy of a judgment, order, or other paper...filed or recorded in the office of the clerk,...for each document certified...$10...except where a single request is made for...more than one certified copy of the same...document a)..first certified copy issued...$10 b)..each additional certified copy of...the same document issued...$5 2...For certifying and transmitting a record...on appeal to Supreme Court...No Fee 3...For preparing and transmitting a certified...transcript of a judgment or order to...another district court...$ For issuing a notice of cancellation and...discharge of judgment to another district...court to which judgment has been...transcribed [ ]...No Fee 5...For preparing and issuing a regular or...special execution [Chapter 28-21]...$ For preparing and issuing a subpoena...[rule 45, N.D.R.Civ.P.]...$10...except where defendant requests subpoena...in a criminal case [ ]...No Fee 5 (Rev 05/07)
6 7...For certifying to county recorder that...action has not been commenced to enforce...a mechanic's lien and that lien is...satisfied [ ]...No Fee 8....For taking and certifying an acknowledgment...of (notarizing) any document [ ]...$ For certifying a domestic violence protection order...no Fee IV. Record Searches 1. For civil record searches [e.g., unsatisfied judgment...$10 per Name Searched 2....For criminal record searches $10 per Name Searched Note: Federal, state, and local governmental entities are exempt from fees for record searches. Search fees received by state-employed clerks must be forwarded for deposit in the state general fund. V. Court Forms. State court forms are now available to the public on the Supreme Court's website: The public may access these forms, posted in fillable format, on the website and use the forms to file certain actions. If a person does not have access to a computer, sets of these forms will be provided by the clerk upon request for the designated fee. The available forms and applicable fees are: 1...Simple Divorce $5 per set 2...Modification and Enforcement of Child Visitation $5 per set 3...Probate...$5 per set 4...Child Support Review and Amendment $5 per set 5...Waiver of Fees...$2 per set 6...Small Claims...$5 per set Individual forms from a set $.50 per form Note: If a person does not have access to a computer to retrieve the small claims forms, clerks should provide the pre-printed sets acquired from the printer. Purchase price is the same: $ (Rev 05/07)
7 State-employed clerks must report forms revenue to the state general fund under UCIS Code 220. County-employed clerks will report the revenue under UCIS Code 103 or 106, as appropriate, for deposit in the county general fund. VI. Copies and FAXes. The following fees will be assessed by state-employed clerks: $1.00 min. $1.00 min. 1...Copies $.10 per page Note: There is no per page charge for copies when a certified copy of a document is provided 2...FAXed documents (outgoing)...$.25 per page; VII. There is no charge for a government agency to make a copy of a document if the purpose of making the copy is retention by the clerk of court while the original is withdrawn. VIII. The clerk of court shall not charge or collect any of the fees in schedules I, Ia, Ib, II, or III from the state, or any state agency, or from a political subdivision or agency thereof. Nor shall any such fees be charged or collected from the public service commission [ ]. 1 $15 of the $80 is paid to the state treasurer for deposit in the Indigent Civil Legal Services Fund [ ]. The remaining $65 must be forwarded to the state treasurer for deposit in the state general fund. 2 $50 of the $80 fee is paid to the state treasurer for deposit in displaced homemaker account [ ]. $15 of the $80 fee is paid to the state treasurer for deposit in the Indigent Civil Legal Services Fund [ ]. The remaining $15 must be forwarded to the state treasurer for deposit in the state general fund. 3 If the small claim is dismissed without prejudice, the fee is refunded to the plaintiff [ ]. 4 The fee collected under this subsection must be deposited by the clerk of court with the state treasurer and credited to the state general fund. 7 (Rev 05/07)
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