Article 1. Civil Fees Generally of California Government Code >> Title 8. >> Chapter 5.8. >> Article 1.
It is the intent of the Legislature to establish a uniform
schedule of filing fees and other civil fees for the superior courts
throughout the state. This chapter shall be known, and may be cited,
as the Uniform Civil Fees and Standard Fee Schedule Act of 2005.
(a) It is the intent of the Legislature to establish a
moratorium on increases in filing fees until January 1, 2008. No fee
provided for in this chapter may be changed before January 1, 2008,
except as may be required by the following:
(1) Legislative implementation of recommendations of the Task
Force on County Law Libraries.
(2) Legislative implementation of recommendations for changes to
the graduated filing fee for petitions in probate proceedings under
subdivision (a) of Section 70650.
(b) The Judicial Council shall establish a Task Force on Civil
Fees, including, but not limited to, representatives from the trial
courts, the counties, the county law libraries, and the State Bar. On
or before February 1, 2007, the task force shall make
recommendations to the Judicial Council and the Legislature on the
following:
(1) The effectiveness of the uniform fee structure, any
operational or revenue problems, and how to address these issues.
(2) Whether a fee differential should be implemented based on the
number of cases a party files in a year.
(3) A process to adjust fees in the future to accommodate
inflation and other factors affecting operating costs for trial
courts, county law libraries, and county programs that rely on court
fees.
Notwithstanding any other law, it is the intent of the
Legislature to supplement certain first paper filing fees as provided
below:
(a) A supplemental fee of forty dollars ($40) shall be collected
for filing any first paper subject to the uniform fee that is set at
three hundred fifty-five dollars ($355) under Sections 70611, 70612,
70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee
collected under these sections, which includes the supplemental fee,
shall be deposited and distributed as provided in Sections 68085.3
and 68086.1, as applicable.
(b) A supplemental fee of forty dollars ($40) shall be collected
for filing any first paper subject to the uniform fee that is set at
three hundred thirty dollars ($330) under Sections 70613, 70614, and
70621. The total fee collected under these sections, which includes
the supplemental fee, shall be deposited and distributed as provided
in Sections 68085.4 and 68086.1, as applicable.
(c) A supplemental fee of twenty dollars ($20) shall be collected
for filing any first paper subject to the uniform fee that is set at
two hundred five dollars ($205) under Sections 70613, 70614, 70621,
70654, and 70656 of this code, and Section 103470 of the Health and
Safety Code. The total fee collected under these sections, which
includes the supplemental fee, shall be deposited and distributed as
provided in Section 68085.4.
(a) Notwithstanding any other law, a supplemental fee of
forty dollars ($40) shall be collected for filing any first paper
subject to the uniform fee that is set at three hundred fifty-five
dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652,
70653, 70655, 70658, and 70670. The total fee collected under these
sections, which includes the supplemental fee, shall be deposited and
distributed as provided in Sections 68085.3 and 68086.1, as
applicable.
(b) The fee imposed under this section is in addition to any other
fees authorized by law, including, but not limited to, the fees
authorized in Section 70602.5.
(c) After the 2013-14 fiscal year, if the amount of the General
Fund transfer to the Trial Court Trust Fund is decreased more than 10
percent from the amount appropriated in the 2013-14 fiscal year and
is not offset by another source of revenue other than court fees so
as to result in a net reduction in funding greater than 10 percent,
then the amount of the supplemental fees provided in subdivision (a)
shall be decreased proportionally. The Judicial Council shall adopt
and publish a schedule setting the fees resulting from the decrease.
(d) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) Except as provided in this section, the fees charged for
filings and services under this chapter are intended to be uniform
statewide and to be the only allowable fees for those services and
filings. The only charges that may be added to the fees in this
chapter are the following:
(1) In a complex case, the fee provided for in Section 70616 may
be added to the first paper and first responsive paper filing fees in
Sections 70611, 70612, 70613, and 70614.
(2) In an unlawful detainer action subject to Section 1161.2 of
the Code of Civil Procedure, a charge of fifteen dollars ($15) as
provided under that section may be added to the fee in Section 70613
for filing a first appearance by a plaintiff.
(3) In Riverside County, a surcharge as provided in Section 70622
may be added to the first paper and first responsive paper filing
fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, and 70670.
(4) In San Bernardino County, a surcharge as provided in Section
70624 may be added to the first paper and first responsive paper
filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670. This paragraph applies to fees
collected under Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670, beginning January 1, 2006.
(5) In the City and County of San Francisco, a surcharge as
provided in Section 70625 may be added to the first paper and first
responsive paper filing fees in Sections 70611, 70612, 70613, 70614,
70650, 70651, 70652, 70653, 70655, and 70670.
(b) Notwithstanding paragraph (1) of subdivision (c) of Section
68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when
a charge for courthouse construction in the City and County of San
Francisco or in the Counties of Riverside or San Bernardino is added
to the uniform filing fee as provided under paragraph (3), (4), or
(5) of subdivision (a), the amount distributed to the State Court
Facilities Construction Fund under Section 68085.3 or 68085.4 shall
be reduced by an amount equal to the charge added under paragraph
(3), (4), or (5) of subdivision (a), up to the amount that would
otherwise be distributed to the State Court Facilities Construction
Fund. If the amount added under paragraph (3), (4), or (5) of
subdivision (a) is greater than the amount that would be distributed
to the State Court Facilities Construction Fund under Section 68085.3
or 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than the amount of the uniform fee otherwise allowed, in
order to collect the surcharge under paragraph (3), (4), or (5) of
subdivision (a).
(c) If a filing fee is reduced by twenty-four dollars ($24) under
subdivision (c) of Section 6322.1 of the Business and Professions
Code, and a courthouse construction surcharge is added to the filing
fee as provided under paragraph (3), (4), or (5) of subdivision (a),
the amount distributed to the State Court Facilities Construction
Fund under Section 68085.4 shall be reduced as provided in
subdivision (b). If the amount added under paragraph (3), (4), or (5)
of subdivision (a) is greater than the amount that would be
distributed to the State Court Facilities Construction Fund under
Section 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than one hundred eighty-one dollars ($181), in order to
collect the surcharge under paragraph (3), (4), or (5) of subdivision
(a).
(d) This section shall become operative on July 1, 2013.
The uniform fee for filing the first paper in a civil action
or proceeding in the superior court, other than in a limited civil
case, an adoption proceeding, a proceeding under the Probate Code, or
a proceeding under the Family Code, is three hundred fifty-five
dollars ($355). The fee shall be distributed as provided in Section
68085.3.
This section applies to the initial complaint, petition, or
application, and the papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
(a) The uniform fee for filing the first paper in the action
or proceeding described in Section 70611 on behalf of any defendant,
intervenor, respondent, or adverse party, whether separately or
jointly, except for the purpose of making disclaimer, is three
hundred fifty-five dollars ($355). The fee shall be distributed as
provided in Section 68085.3.
(b) As used in this section, the term "paper" does not include a
stipulation for the appointment of a temporary judge or of a court
investigator, or the report made by the court investigator.
(a) The uniform fee for filing the first paper in a limited
civil case is three hundred thirty dollars ($330), except as provided
in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred five dollars ($205).
The first page of the first paper shall state whether the amount
demanded exceeds or does not exceed ten thousand dollars ($10,000).
(c) This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
(e) The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the court.
(a) Notwithstanding Section 472 of the Code of Civil
Procedure, if a plaintiff or petitioner who previously was charged
the filing fee under subdivision (b) of Section 70613 files an
amended complaint or other initial pleading that increases the amount
demanded to an amount that exceeds ten thousand dollars ($10,000)
but does not exceed twenty-five thousand dollars ($25,000), so that
the higher filing fee under subdivision (a) of Section 70613 would
have been required if such a demand had been made in the original
pleading, a fee equal to the difference between the fee for the
original filing fee and the filing fee for the new amount demanded
shall be charged to make up the difference between the filing fees.
This fee shall be distributed to the Trial Court Trust Fund.
(b) Notwithstanding Section 472 of the Code of Civil Procedure, if
a party who previously was charged the filing fee under subdivision
(b) of Section 70614 files a cross-complaint, amended
cross-complaint, or amendment to a cross-complaint demanding an
amount that exceeds ten thousand dollars ($10,000) but does not
exceed twenty-five thousand dollars ($25,000), a fee equal to the
difference between the fee for the original filing fee and the filing
fee under subdivision (a) of Section 70614 shall be charged to make
up the difference between the filing fees. This fee shall be
distributed to the Trial Court Trust Fund.
(c) The court shall not reimburse a party if the party's complaint
or cross-complaint is amended to demand a lower amount that falls
within the range for a filing fee lower than that originally paid.
(a) The uniform fee for filing the first paper in a limited
civil case on behalf of any party other than a plaintiff is three
hundred thirty dollars ($330), except as provided in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is two hundred five dollars ($205).
(c) The fees in this section do not apply to papers filed for the
purpose of making disclaimer.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
The fee for filing any of the following appeals to the
superior court is twenty-five dollars ($25):
(a) An appeal of a local agency's decision regarding an
administrative fine or penalty under Section 53069.4.
(b) An appeal under Section 40230 of the Vehicle Code of an
administrative agency's decision regarding a parking violation.
(c) An appeal under Section 99582 of the Public Utilities Code of
a hearing officer's determination regarding an administrative penalty
for fare evasion or a passenger conduct violation.
(a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single complex case fee shall be paid to
the clerk on behalf of all plaintiffs, whether filing separately or
jointly, either at the time of the filing of the first paper if the
case is designated as complex pursuant to the California Rules of
Court, or, if no such designation was made, in each case in which a
court determines that the case is a complex case pursuant to the
California Rules of Court, within 10 calendar days of the filing of
the court's order.
(b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either at the time that party files its first
paper in a case if the case is designated or counterdesignated as
complex pursuant to the California Rules of Court, or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order. This
additional complex fee shall be charged to each defendant,
intervenor, respondent, or adverse party appearing in the case, but
the total complex fees collected from all the defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case shall not exceed eighteen thousand dollars ($18,000).
(c) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be one
thousand dollars ($1,000), unless the fee is reduced pursuant to this
section. The fee shall be transmitted to the Trial Court Trust Fund
as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
(h) The amendments made to this section during the 2011-12 Regular
Session of the Legislature do not constitute a change in, but are
declaratory of, existing law.
(i) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single complex case fee shall be paid to
the clerk on behalf of all plaintiffs, whether filing separately or
jointly, either at the time of the filing of the first paper if the
case is designated as complex pursuant to the California Rules of
Court, or, if no such designation was made, in each case in which a
court determines that the case is a complex case pursuant to the
California Rules of Court, within 10 calendar days of the filing of
the court's order.
(b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either at the time that party files its first
paper in a case if the case is designated or counterdesignated as
complex pursuant to the California Rules of Court, or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order. This
additional complex fee shall be charged to each defendant,
intervenor, respondent, or adverse party appearing in the case, but
the total complex fees collected from all the defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case shall not exceed ten thousand dollars ($10,000).
(c) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be five
hundred fifty dollars ($550), unless the fee is reduced pursuant to
this section. The fee shall be transmitted to the Trial Court Trust
Fund as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
(h) The amendments made to the predecessor to this section during
the 2011-12 Regular Session of the Legislature do not constitute a
change in, but are declaratory of, existing law.
(i) This section shall become operative on July 1, 2018.
(a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single high-frequency litigant fee shall be
paid to the clerk on behalf of a plaintiff who is a high-frequency
litigant, as that term is defined in Section 425.55 of the Code of
Civil Procedure, at the time of the filing of the first paper if the
complaint alleges a construction-related accessibility claim, as
those terms are defined in subdivision (a) of Section 55.3 of the
Civil Code.
(b) The fee established by this section shall be one thousand
dollars ($1,000). The fee shall be transmitted as provided in Section
68085.35.
(c) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
(a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is sixty dollars
($60). Papers for which this fee shall be charged include the
following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
(1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to
appear as counsel pro hac vice is five hundred dollars ($500). This
fee is in addition to any other fee required of the applicant. Two
hundred fifty dollars ($250) of the fee collected under this
paragraph shall be transmitted to the state for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5. The remaining two
hundred fifty dollars ($250) of the fee shall be transmitted to the
state for deposit into the Trial Court Trust Fund, established in
Section 68085.
(2) An attorney whose application to appear as counsel pro hac
vice has been granted shall pay to the superior court, on or before
the anniversary of the date the application was granted, an annual
renewal fee of five hundred dollars ($500) for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire fee collected under this
paragraph shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(g) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is forty dollars
($40). Papers for which this fee shall be charged include the
following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
(1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to
appear as counsel pro hac vice is five hundred dollars ($500). This
fee is in addition to any other fee required of the applicant. Two
hundred fifty dollars ($250) of the fee collected under this
paragraph shall be transmitted to the state for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5. The remaining two
hundred fifty dollars ($250) of the fee shall be transmitted to the
state for deposit into the Trial Court Trust Fund, established in
Section 68085.
(2) An attorney whose application to appear as counsel pro hac
vice has been granted shall pay to the superior court, on or before
the anniversary of the date the application was granted, an annual
renewal fee of five hundred dollars ($500) for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire fee collected under this
paragraph shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(g) This section shall become operative on July 1, 2018.
When the venue in a case is changed, the fee for making up
and transmitting the transcript and papers is fifty dollars ($50) and
a further sum equal to the uniform fee for filing in the court to
which the case is transferred. The clerk shall transmit the uniform
filing fee with the papers in the case to the clerk or judge of the
court to which the case is transferred.
The fee for reclassification of a case from a limited civil
case to an unlimited civil case under Section 403.060 of the Code of
Civil Procedure is one hundred forty dollars ($140).
The fee for a certificate required by courts of appeal or
the Supreme Court on filing a notice of motion prior to the filing of
the record on appeal in the reviewing court is twenty dollars ($20).
(a) (1) The fee for filing a notice of appeal to the
appellate division of the superior court in a limited civil case is
three hundred thirty dollars ($330), except as provided in
subdivision (b).
(2) The fee for filing a petition for a writ within the original
jurisdiction of the appellate division of the superior court is three
hundred thirty dollars ($330), except as provided in subdivision
(b).
(b) If the amount demanded in the limited civil case, excluding
attorney's fees and costs, is ten thousand dollars ($10,000) or less,
the fee for filing a petition for a writ or a notice of appeal to
the appellate division of the superior court is two hundred five
dollars ($205).
(c) The fees provided for in this section shall be distributed as
provided in Section 68085.4.
(d) The Judicial Council may make rules governing the time and
method of payment of the fees in this section and providing for
excuse.
(a) In addition to the uniform filing fee authorized
pursuant to Section 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, or 70670, after giving notice and holding a public
hearing on the proposal, the Board of Supervisors of Riverside County
may impose a surcharge not to exceed fifty dollars ($50) for the
filing in superior court of any of the following:
(1) A complaint, petition, or other first paper in a civil or
probate action or special proceeding.
(2) A first paper on behalf of any defendant, respondent,
intervenor, or adverse party.
(3) A petition for dissolution of marriage, dissolution of
domestic partnership, legal separation, or nullity of marriage.
(4) A response to such a petition.
(5) A first paper on behalf of any party in a proceeding under
Section 98.2 of the Labor Code.
(b) The county shall notify in writing the Superior Court of
Riverside County and the Administrative Office of the Courts of any
change in a surcharge under this section.
(c) When a surcharge under this section is imposed on a filing
fee, the distribution that would otherwise be made to the State Court
Facilities Construction Fund under subdivision (c) of Section
68085.3 or subdivision (c) of Section 68085.4 shall be reduced as
provided in Section 70603.
(d) The surcharge shall be in an amount determined to be necessary
by the board of supervisors to cover the costs of the seismic
stabilization, construction, and rehabilitation of the Riverside
County Courthouse, the Indio Branch Courthouse, and the family law
courthouse, and collection thereof shall terminate upon repayment of
the amortized costs incurred. When the amortized costs have been
repaid, the county shall notify in writing the Superior Court of
Riverside County and the Administrative Office of the Courts.
(a) In addition to the uniform filing fee authorized
pursuant to Section 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, or 70670, after giving notice and holding a public
hearing on the proposal, the Board of Supervisors of San Bernardino
County may impose a surcharge not to exceed thirty-five dollars ($35)
for the filing in superior court of (1) a complaint, petition, or
other first paper in a civil, family, or probate action or special
proceeding, and (2) a first paper on behalf of any defendant,
respondent, intervenor, or adverse party. The county shall notify in
writing the superior court and the Administrative Office of the
Courts of any change in a surcharge under this section. If a
surcharge under this section is imposed on a filing fee, the
distribution that would otherwise be made to the State Court
Facilities Construction Fund under subdivision (c) of Section 68085.3
or subdivision (c) of Section 68085.4 shall be reduced as provided
in Section 70603. This section shall apply to fees collected under
Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653,
70655, and 70670, beginning January 1, 2006.
(b) The surcharge shall be in an amount determined to be necessary
by the board of supervisors to supplement the Courthouse
Construction Fund, to be deposited in that fund and used solely for
the purposes authorized for expenditures from that fund, including,
but not limited to, earthquake retrofitting, renovation, and
remodeling of all portions of the Central San Bernardino Courthouse
in need of retrofitting, renovation, or remodeling, whether or not
necessitated by the retrofitting work, including the original
courthouse built in 1926 and all subsequent additions thereto.
Expenditures made from the Courthouse Construction Fund that are
funded from the surcharge shall be made in order of priority to
ensure that all necessary earthquake retrofitting of the Central San
Bernardino Courthouse will be completed. Collection of the surcharge
authorized by this section shall terminate upon repayment of the
amortized costs incurred, or 30 years from the sale of the bond,
whichever occurs first. However, the surcharge shall not apply in
instances in which no filing fee is charged or the filing fee is
waived. If the amortized costs have been repaid, or 30 years have
passed since the sale of the bond, the county shall notify in writing
the superior court and the Administrative Office of the Courts.
(a) Notwithstanding any other law, for the purpose of
assisting the City and County of San Francisco in the acquisition,
rehabilitation, construction, and financing of courtrooms or of a
courtroom building or buildings containing facilities necessary or
incidental to the operation of the justice system, the Board of
Supervisors of the City and County of San Francisco may require the
amounts collected pursuant to subdivision (d) to be deposited in the
Courthouse Construction Fund established pursuant to Section 76100.
In the City and County of San Francisco, the moneys of the Courthouse
Construction Fund together with any interest earned thereon shall be
payable only for the foregoing purposes and at the time necessary
therefor, and for the purposes set forth in subdivision (b) and at
the time necessary therefor.
(b) In conjunction with the acquisition, rehabilitation,
construction, or financing of courtrooms or of a courtroom building
or buildings referred to in subdivision (a), the City and County of
San Francisco may use the moneys of the Courthouse Construction Fund
(1) to rehabilitate existing courtrooms or an existing courtroom
building or buildings for other uses if new courtrooms or a courtroom
building or buildings are acquired, constructed, or financed or (2)
to acquire, rehabilitate, construct, or finance excess courtrooms or
an excess courtroom building or buildings if that excess is
anticipated to be needed at a later time.
(c) Any excess courtrooms or excess courtroom building or
buildings that are acquired, rehabilitated, constructed, or financed
pursuant to subdivision (b) may be leased or rented for uses other
than the operation of the justice system until such time as the
excess courtrooms or excess courtroom building or buildings are
needed for the operation of the justice system. Any amounts received
as lease or rental payments pursuant to this subdivision shall be
deposited in the Courthouse Construction Fund.
(d) In the City and County of San Francisco, a surcharge for the
purpose and for the time set forth in this section may be added to
the filing fees under Sections 70611, 70612, 70613, 70614, 70650,
70651, 70652, 70653, 70655, and 70670 in any civil, family, or
probate action in the superior court. The surcharge shall be in an
amount, not to exceed fifty dollars ($50), as set forth in a
resolution adopted by the Board of Supervisors of the City and County
of San Francisco. If a surcharge under this section is imposed on a
filing fee, the distribution that would otherwise be made to the
State Court Facilities Construction Fund under subdivision (c) of
Section 68085.3 or subdivision (c) of Section 68085.4 shall be
reduced as provided in Section 70603. The county shall notify in
writing the superior court and the Administrative Office of the
Courts of any change in a surcharge under this section. When the
amortized costs that are to be repaid from this fund have been
repaid, the county shall notify in writing the superior court and the
Administrative Office of Courts, and the surcharge under this
section shall terminate, as provided in subdivision (b) of Section
70375.
(a) The fee for each of the following services is
twenty-five dollars ($25). Subject to subdivision (e), amounts
collected shall be distributed to the Trial Court Trust Fund under
Section 68085.1.
(1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
(2) Issuing an abstract of judgment.
(3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
(4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
(5) Taking an affidavit, except in criminal cases or adoption
proceedings.
(6) Acknowledgment of any deed or other instrument, including the
certificate.
(7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
(8) Issuing any certificate for which the fee is not otherwise
fixed.
(b) The fee for each of the following services is thirty dollars
($30). Subject to subdivision (e), amounts collected shall be
distributed to the Trial Court Trust Fund under Section 68085.1.
(1) Issuing an order of sale.
(2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
(3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
(4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
(5) Issuing a commission to take a deposition in another state or
place under Section 2026.010 of the Code of Civil Procedure, or
issuing a subpoena under Section 2029.300 to take a deposition in
this state for purposes of a proceeding pending in another
jurisdiction.
(6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
(7) Filing an affidavit of publication of notice of dissolution of
partnership.
(8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
(9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
(10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
(c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of-state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1.
(d) The fee for delivering a will to the clerk of the superior
court in which the estate of a decedent may be administered, as
required by Section 8200 of the Probate Code, is fifty dollars ($50).
(e) From July 1, 2011, to June 30, 2017, inclusive, ten dollars
($10) of each fee collected pursuant to subdivisions (a) and (b)
shall be used by the Judicial Council for the expenses of the
Judicial Council in implementing and administering the civil
representation pilot program under Section 68651.
(f) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) The fee for each of the following services is fifteen
dollars ($15). Amounts collected shall be distributed to the Trial
Court Trust Fund under Section 68085.1.
(1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
(2) Issuing an abstract of judgment.
(3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
(4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
(5) Taking an affidavit, except in criminal cases or adoption
proceedings.
(6) Acknowledgment of any deed or other instrument, including the
certificate.
(7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
(8) Issuing any certificate for which the fee is not otherwise
fixed.
(b) The fee for each of the following services is twenty dollars
($20). Amounts collected shall be distributed to the Trial Court
Trust Fund under Section 68085.1.
(1) Issuing an order of sale.
(2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
(3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
(4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
(5) Issuing a commission to take a deposition in another state or
place under Section 2026.010 of the Code of Civil Procedure, or
issuing a subpoena under Section 2029.300 to take a deposition in
this state for purposes of a proceeding pending in another
jurisdiction.
(6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
(7) Filing an affidavit of publication of notice of dissolution of
partnership.
(8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
(9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
(10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
(c) The fee for filing a first petition under Section 2029.600 or
2029.620 of the Code of Civil Procedure, if the petitioner is not a
party to the out-of-state case, is eighty dollars ($80). Amounts
collected shall be distributed to the Trial Court Trust Fund pursuant
to Section 68085.1.
(d) The fee for delivering a will to the clerk of the superior
court in which the estate of a decedent may be administered, as
required by Section 8200 of the Probate Code, is fifty dollars ($50).
(e) This section shall become operative on July 1, 2017.
The fees collected under this section shall be distributed
to the court in which they were collected.
(a) The clerk of the court shall charge fifty cents ($0.50) per
page to cover the cost of preparing copies of any record, proceeding,
or paper on file in the clerk's office.
(b) For comparing with the original on file in the office of the
clerk of any court, the copy of any paper, record, or proceeding
prepared by another and presented for the clerk's certificate, the
fee is one dollar ($1) per page, in addition to the fee for the
certificate.
(c) The fee for a search of records or files conducted by a court
employee that requires more than 10 minutes is fifteen dollars ($15)
for each search.
For an exemplification of a record or other paper on file,
the fee is fifty dollars ($50), in addition to the charges allowed
for copying or comparing each page of the record or other paper.
(a) The clerk of the court shall collect a fee of fifteen
dollars ($15) per signature for any document that is required to be
authenticated pursuant to court order.
(b) Each document authenticated by the clerk of the court shall
contain the following statement: "____, Clerk of the Superior Court,
County of ____, State of California. Signed pursuant to court order
dated ____ in the matter of ____ petitioner v. ____, respondent, Case
No. ____."
If the court has made videoconferencing services available,
the clerk of the court shall charge a reasonable fee to cover the
costs of permitting parties to appear by videoconferencing. This fee
shall be deposited into the Trial Court Trust Fund.
In the absence of a statute or rule authorizing or
prohibiting a fee by the superior court for a particular service or
product, the court may charge a reasonable fee not to exceed the
costs of providing the service or product, if the Judicial Council
approves the fee. The fee shall be distributed to the court in which
it was collected.
The clerk of the court shall charge a reasonable fee for
handling funds held in trust for non-court parties or entities. The
amount of the fee for handling the funds shall be based on rules
adopted by, or guidelines and policies authorized by, the Judicial
Council under subdivision (a) of Section 77206. This fee shall be
deposited into the Trial Court Trust Fund.
(a) No fee shall be charged by the clerk for service
rendered to the petitioner in any adoption proceeding except as
provided in Section 103730 of the Health and Safety Code, nor shall
any fees be charged for any service to the state or for any
proceeding brought pursuant to Section 7841 of the Family Code to
declare a minor free from parental custody or control. No fee shall
be charged by the clerk for services rendered in an action to compel
registration of a voter under Section 2142 of the Elections Code or
to compel counting of provisional ballots under Section 14310 of the
Elections Code.
(b) No fee shall be charged by the clerk for services rendered in
any criminal action unless otherwise specifically authorized by law,
except that the clerk may charge the fee specified in Section 70627
for making or certifying to a copy of any filed paper, record, or
proceeding in a criminal action. If a criminal defendant has been
granted a fee waiver or the court finds that the defendant does not
have the ability to pay the fee, the court may reduce or waive the
fee.
(c) Except as permitted in subdivision (b), no fee shall be
charged by the clerk for service to any municipality or county in the
state, to the state government, nor to the United States of America
or any of its officers acting in his or her official capacity.
(a) It is the policy of the state that each court shall
endeavor to provide a children's waiting room in each courthouse for
children whose parents or guardians are attending a court hearing as
a litigant, witness, or for other court purposes as determined by the
court. To defray that expense, monthly allocations for children's
waiting rooms shall be added to the monthly apportionment under
subdivision (a) of Section 68085 for each court where a children's
waiting room has been established or where the court has elected to
establish that service.
(b) The amount allocated to each court under this section shall be
equal to the following: for each first paper filing fee as provided
under Section 70611, 70612, 70613, 70614, or 70670, and each first
paper or petition filing fee in a probate matter as provided under
Section 70650, 70651, 70652, 70653, 70654, 70655, 70656, or 70658,
the same amount as was required to be collected as of December 31,
2005, to the Children's Waiting Room Fund under former Section
26826.3 in the county in which the court is located when a fee was
collected for the filing of a first paper in a civil action under
former Section 26820.4.
(c) Notwithstanding any other provision of law, the court may make
expenditures from these allocations in payment of any cost,
excluding capital outlay, related to the establishment and
maintenance of the children's waiting room, including personnel,
heat, light, telephone, security, rental of space, furnishings, toys,
books, or any other item in connection with the operation of a
children's waiting room.
(d) If, as of January 1, 2006, there is a Children's Waiting Room
Fund in the county treasury established under former Section 26826.3,
the county immediately shall transfer the moneys in that fund to the
court's operations fund as a restricted fund. By February 15, 2006,
the county shall provide an accounting of the fund to the
Administrative Office of the Courts.
(e) After January 1, 2006, the court may apply to the Judicial
Council for an adjustment of the amount distributed to the fund for
each uniform filing fee. A court that wishes to establish a children'
s waiting room, and does not yet have a distribution under this
section, may apply to the Judicial Council for a distribution.
Applications under this subdivision shall be made according to trial
court financial policies and procedures authorized by the Judicial
Council under subdivision (a) of Section 77206. Adjustments and new
distributions shall be effective January 1 or July 1 of any year
beginning January 1, 2006.
(f) The distribution to a court under this section per each filing
fee shall be not less than two dollars ($2) and not more than five
dollars ($5).