| Class |
Description | Fee |
| A | Initial case filing fee | |
| Tax case | $75.00 | |
| Filing complaint or petition | 75.00 | |
| Filing intervenor | 75.00 | |
| Additional plaintiffs | 75.00 | |
| Filing foreign judgment | 75.00 | |
| Ownership of real property | ||
| becomes an issue | ||
| Plaintiff | 75.00 | |
| Appellant | 75.00 | |
| Change of venue to this county | 75.00 | |
| Petition for change of name | 75.00 | |
| Filing a process server | ||
| application | 75.00 | |
| B | Subsequent case filing fee | |
| Filing answer or initial | ||
| appearance | $40.00 | |
| Additional defendants | 40.00 | |
| Notice of appeal to appellate | ||
| courts | 40.00 | |
| Cross-appeal by appellee | 40.00 | |
| Ownership of real property | ||
| becomes an issue defendant | 40.00 | |
| Jurisdiction exceeded appellee | ||
| (within 20 days of filing) | 40.00 | |
| Response to show cause which | ||
| does one or more of the | ||
| following: | ||
| 1. Request affirmative or | ||
| counterrelief | ||
| 2. Attacks process of | ||
| proceedings | ||
| 3. Takes other affirmative | ||
| action | 40.00 | |
| C | Initial case filing fee | |
| Filing petition for annulment | $60.00 | |
| Filing for dissolution/legal | ||
| separation petition | 60.00 | |
| Petition in formal testacy | ||
| or appointment proceeding | 60.00 | |
| Application for informal probate | ||
| or informal appointment | 60.00 | |
| Petition for supervised | ||
| administration petition to | ||
| appoint guardian | 60.00 | |
| Petition to appoint conservator | ||
| or make other protective order | 60.00 | |
| Opposing petition in testacy or | ||
| appointment proceedings or | ||
| appointment of guardian or | ||
| conservator | 60.00 | |
| Single estate application | ||
| or petition under title 14, | ||
| chapter 3, section 14-3938 | 60.00 | |
| Domestic relations case for | ||
| which a fee is not | ||
| specifically prescribed | 60.00 | |
| D | Subsequent case filing fee | |
| Filing answer to annulment | $30.00 | |
| Filing for dissolution/legal | ||
| separation answer | 30.00 | |
| Any person opposing contested | ||
| petition if no prior payment | ||
| made | 30.00 | |
| Post-adjudication petitions | ||
| in domestic relations cases | 30.00 | |
| Post-judgment activities in | ||
| probate cases | 30.00 | |
| E | Minimum clerk fee | |
| Filing power of attorney | $10.00 | |
| Change of venue to another | ||
| county transmittal fee | 10.00 | |
| Change of venue to another | ||
| county on section 12-404, | ||
| transmittal fee | 10.00 | |
| Filing transcript and docketing | ||
| judgment from any courts | 10.00 | |
| Issuance of writs of: attachment, | ||
| execution, possession, restitution, | ||
| prohibition and enforcement of | ||
| order of judgment-garnishment | 10.00 | |
| Certified copy or abstract of | ||
| marriage application or license | 10.00 | |
| Filing oath and bond of notary | ||
| public | 10.00 | |
| Certificate of correctness of copy | ||
| of record | 10.00 | |
| Justice of peace certificate | 10.00 | |
| Notary public certificate | 10.00 | |
| Each certificate of clerk to | ||
| any matter in clerk's record | ||
| not specifically provided | 10.00 | |
| Filing any paper or performing | ||
| any act for which a fee is not | ||
| specifically prescribed | 10.00 | |
| Subpoena - (civil) | 10.00 | |
| Research in locating a document | ||
| (per year or source researched) | 10.00 | |
| Exemplification | ||
| (per certification) | 10.00 | |
| Authentication | ||
| (per certification) | 10.00 | |
| Seal a court file | 10.00 | |
| Reopen a sealed court file | 10.00 | |
| Retrieve bank records | 10.00 | |
| Stop payment on check | 10.00 | |
| Reel of film alpha index | ||
| per year (plus per page | ||
| fee below) | 10.00 | |
| Payment history report | 10.00 | |
| Certification under one document | ||
| certification | 10.00 | |
| Civil traffic appeal | 10.00 | |
| F | Per page fee | |
| Making copies (on appeal | ||
| and on request) per page | $1.00 | |
| Making extra copies per page | 1.00 | |
| Making photographic or | ||
| photostatic copies per page | 1.00 | |
| Comparison fee of papers | ||
| furnished by applicant per page | 1.00 | |
| Alpha index per page | 1.00 | |
| G | Special fees | |
| Filing adoption case | $20.00 | |
| Contested adoption | 10.00 | |
| Small claim tax case | 10.00 | |
| Filing petition against | ||
| harassment | 10.00 | |
| Domestic violence, order of | ||
| protection pursuant to | ||
| section 13-3602 | 5.00 | |
| Alimony/child support | ||
| payment (annual handling fee) | 18.00 | |
| Marriage license and return | ||
| hereof | 12.00 | |
| Postage and handling | 3.00 | |
| Notary services | 3.00 |
B. Except as provided in subsections C and D of this section, the clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services:
1. Making copies of papers and records required to be made by the clerk upon appeal, and copies of papers and records in the clerk's office made upon request in other cases, for each legal size page of original.
2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records.
3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy. Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication.
4. Issuing a certificate as to official capacity of a notary public or justice of the peace and affixing a seal thereto.
5. Maintenance or child support payments, to cover the costs of handling and thereafter the same fee annually on the anniversary of the order for support or maintenance. The court shall order payment of the handling fee as part of the order for support or maintenance. The handling fee shall not be deducted from the support or maintenance portion of the payment. If an electronic method of processing payments is used or is available for use, the handling fee shall be deducted electronically from the payment after current monthly orders have been satisfied.
6. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document which, after administration of the oath therefor, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk.
C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect for each marriage license and return of a marriage license, twenty dollars. The clerk shall monthly transmit the monies the clerk collects pursuant to this subsection to the county treasurer who shall monthly transmit the monies to the state treasurer who shall transmit eighty per cent of the monies to the department of economic security for deposit in the domestic violence shelter fund established pursuant to section 36-3002 and twenty per cent of the monies to the department of economic security for deposit in the child abuse prevention fund established pursuant to section 8-550.01.
D. In addition to the fees required by subsection A of this section,
the clerk shall charge and collect for each filing for an adoption a
surcharge of thirty dollars. Adoptions where the child is a ward of the
court and is in the care and custody of the department of economic security
shall be exempt from the surcharge. The clerk shall monthly transmit the
monies collected pursuant to this subsection to the county treasurer who
shall monthly transmit the monies to the state treasurer who shall deposit
the monies in the confidential intermediary
E. In addition to the class A and class B filing or appearance fee that is charged pursuant to subsection A of this section, the clerk shall charge and collect an additional one dollar fee. The clerk shall monthly transmit the additional fee charged pursuant to this subsection to the county treasurer. The county treasurer shall monthly transmit these monies to the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135. The additional fee charged pursuant to this subsection is exempt from sections 12-305 and 38-810.
F. The supreme court shall use monies collected pursuant to subsection E of this section to implement, administer and fund alternative dispute resolution programs in the superior court in counties that apply for funding.
G. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars for each filing of a post-adjudication petition in a domestic relations case for which a fee presently is charged under class D of subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25-413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25-413. The surcharge is exempt from sections 12-305 and 38-810.
H. Notwithstanding any other law, two per cent of all fees collected by the superior court in each county pursuant to this section, except fees deposited in the child support automation fund and the expedited child support and visitation fund, fees collected pursuant to the surcharge assessed under subsection D of this section, fees collected pursuant to the surcharge assessed pursuant to sections 12-115 and 12-116, monies collected pursuant to section 12-134, fees collected pursuant to section 25-355 and fees assessed pursuant to section 13-901, shall be deposited into the drug and gang enforcement account established pursuant to section 41-2402. The clerk shall monthly transmit the monies the clerk collects pursuant to this subsection to the county treasurer who shall monthly transmit the monies to the state treasurer who shall transmit the monies to the Arizona criminal justice commission for deposit in the drug and gang enforcement account established pursuant to section 41-2402 for the purposes of section 41-2402, subsection H.
I. In garnishment matters:
1. No fee shall be charged for filing an affidavit seeking only the release of exempt wages.
2. No fee shall be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment.
3. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that no clerk's fee shall be paid by the garnishee.
J. No appearance fee shall be charged to a person cited to appear and defend an order to show cause. Such person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid when such person is present in person or by an attorney and does one or more of the following:
1. Requests affirmative relief or counterrelief.
2. Attacks the sufficiency of process or the proceedings.
3. Takes other affirmative action.
K. Each month the clerk shall transmit the monies collected for subsequent case filing fees for post-decree petitions in dissolution cases under subsection A of this section to the county treasurer for deposit in the expedited child support and visitation fund established pursuant to section 25-412.
L. Notwithstanding any law to the contrary, each month the clerk shall transmit fifty per cent of the monies the clerk's office collects for child support handling fees under subsection B, paragraph 5 of this section to the county treasurer for deposit in the child support automation fund established under section 25-515.
Sec. 3. Section 14-5651, Arizona Revised Statutes, is amended to read:
A. The superior court shall not appoint a private fiduciary unless
that person is registered with the supreme court. The supreme court shall
administer the registration program and shall adopt rules and establish and
collect fees necessary for its implementation.
1. A code of conduct.
2. A requirement that private fiduciaries post a cash deposit or surety bond with the supreme court.
3. Minimum qualifications.
4. Biennial registration.
B. As a condition of appointment, the supreme court shall require each applicant for the position of private fiduciary to furnish a full set of fingerprints to enable the supreme court to conduct a criminal background investigation to determine the suitability of the applicant. The supreme court shall submit the completed applicant fingerprint card with the fee prescribed in section 41-1750 to the department of public safety. Applicant criminal history records checks shall be conducted pursuant to section 41-1750 and P.L. 92-544. The department of public safety is authorized to exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a national criminal history records check.
C. An applicant for registration shall:
1. Be an adult citizen of this country.
2. Not have been convicted of a felony.
3. Attest that the applicant has not been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft or conversion.
4. Attend an initial session and thereafter biennial training sessions prescribed by the supreme court on the duties of a private fiduciary.
D. The superior court shall, and any person may, notify the supreme court if it appears that a fiduciary has violated a rule adopted under this section. The supreme court shall then conduct an investigation and hearing pursuant to its rules. If the supreme court determines that the fiduciary committed the violation it may withdraw the fiduciary's registration or impose other sanctions, including civil penalties, and shall notify the superior court in each county of this action. The supreme court may also require the fiduciary to forfeit a cash deposit or surety bond to the extent necessary to compensate the court for the expenses it incurred to conduct the investigation and hearing.
E. A person who in good faith provides information or testimony regarding a private fiduciary's misconduct or lack of professionalism is not subject to civil liability. Communications regarding a private fiduciary's conduct are confidential.
F. Members of the private fiduciary advisory board, the program coordinator and all investigators, auditors, staff and hearing officers are immune from civil liability for conduct in good faith that relates to their official duties.
G. The supreme court may exempt a private fiduciary from the requirements of this section for good cause.
H. This section does not grant any private fiduciary or any applicant for a private fiduciary the right to a direct appeal to the supreme court.
1. A person who for a fee serves as a court appointed guardian or conservator for one or more persons who are unrelated to the fiduciary.
2. A person who for a fee serves as a court appointed personal representative and who is not related to the decedent, is not nominated by a power conferred in a will and is not a devisee in the will.
Sec. 4. Section 36-342, Arizona Revised Statutes, is amended to read:
A. The director of the department of health services shall establish by rule the fees, if any, to be charged for searches, copies of records, applications to file delayed records, requests for supplementary birth certificates, following adoption, legitimation, paternity determination, surgical alterations and chromosomal counts, or amendments to existing records.
B. In addition to fees charged pursuant to subsection A of this
section, the department of health services shall assess an additional one
dollar surcharge on fees for all certified copies of birth certificates. The
monies received from the surcharge shall be transmitted monthly to the state
treasurer. The state treasurer shall deposit the monies in the confidential
intermediary
C. The state registrar shall keep a true and accurate account of all fees collected by him under this chapter and shall deposit them with the state treasurer to be credited to the general fund of the state.
D. In class A registration districts, and in class B registration districts if the local registrar is an employee of a local health department, the local registrar shall keep a true and accurate account of all fees collected by him under this chapter and shall deposit them with the county treasurer to be credited to a special registration and statistical revenue account of the health department fund.
E. In addition to fees collected pursuant to subsection A of this section, the department of health services shall assess an additional one dollar surcharge on fees for all certified copies of death certificates. The department shall transmit monies it receives from this surcharge to the state treasurer for deposit in the child fatality review fund established pursuant to section 36-3504.
Sec. 5.
The sum of $50,000 is appropriated from the confidential intermediary and private fiduciary fund to the supreme court for fiscal year 1997-1998 for the purposes of performing the duties related to private fiduciaries pursuant to section 14-5651, Arizona Revised Statutes.
APPROVED BY THE GOVERNOR APRIL 25, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1997.
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