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Title 22A

Introduction

Title 22A contains, in sections 22A:1-1.1 and through 22A:2-44, the general fees pertaining to civil actions and probate actions and, in sections 22A:3-4 throughand 22A:3-6, the general fees pertaining to criminal actions, and, in 22A:4 other provisions regarding various fees and the disposition of fees.

The updating of this Title has been inconsistent. Certain sections of the Title, the filing fees for the Courtcourts and the County county Clerksclerks, for example, have remained current. Other sections, including those pertaining to the service of subpoenas and the costs awarded in various courts, however, have not been updated. One example of this is the mileage reimbursement rate which, in New Jersey, is still $0.04/mile. If the focus of the Legislature is maintaining the level of filing fees and similar items in this group of statutes, then the other sections may be appropriate for removal to avoid confusion. If those other sections are to remain a part of the statute, then it appears appropriate to update them to include rational fees and current terminology.

A brief comparison of the New Jersey fees with those imposed by the states of Delaware, Connecticut, New York and Pennsylvania (with those states ranked in order from highest fees to lowest) suggests that New Jersey’s fees are among the highest.

Some of the sections included in the present statute have been proposed for removal as anachronistic, others have been reorganized.

Initially, the many smaller sections were consolidated into several larger sections of the statute. The level of consolidation, however, did not make the statute easier to read, or make it simpler to locate provisions of interest. The statute has been reorganized again for this draft in an effort to develop a flow from the inception of an action through the conclusion. More work needs to be done in that area, but this draft represents the initial preliminary effort.

Other changes to the statute were made in response to informal comments received. There remains work to be done on this project. Significant changes to the language would improve the section. To this time, however, the focus has been on the structure and substance of the section. In addition, the sections of the statute pertaining to probate have not been revised yet, and will be for the next draft.

Not all of the changes to the language are indicated by underlining or strikeout. For ease of review, however, changes to dollar amounts are reflected in that manner.

Title 22A – Memorandum – February 11June 9, 2008 –

This memorandum represents the latest preliminary draft of this project and includes all of the sections of Title 22A for the first time. Initially, the scope of the project was intended to include only the general fees pertaining to civil and probate actions. After those sections were reviewed, it seemed appropriate to include the fees pertaining to criminal actions. With those chapters (which represent the bulk of the Title) included, it seemed appropriate to include the remaining provisions of the Title, some of which were appropriate for consolidation with earlier sections. Additional work remains to be done on both the substance and the format of the Title.

General – Applicable to All Sections

22A:1-1a. Definitions

a. First Paper:

b. Governmental Agent:

c. b. Motion:

d. c. Poverty:

COMMENT

This section is new. Terms that require definition will be included here. The above terms were suggested for inclusion. It appears that instead of defining “first paper” it might be easier to simply use an alternate, more descriptive term in the statute since this one seems to be causing unnecessary confusion.

It does not seem that motion needs to be defined here as it is defined elsewhere. Poverty is not defined in 22A:1-7, although it is used there, and a definition might be useful. We are awaiting a proposed list of terms that require definition, and that list will be reviewed and incorporated as appropriate.

General Civil

22A:1-71-7. General provisions regarding feesPayment or waiver of fees

a. Attorneys for the parties shall be liable and responsible for all fees charged to their respective clients by the Cclerks of the SSupreme CCourt and the SSuperior CCourt, unless the court directs otherwise.

b. All fees allowed by law for the services of the Supreme Court, Superior Court, and any justice or judge thereof, whether such services be performed in open court or in chambers, shall be taxed, collected and accounted for by the clerks of the respective courts in the same manner as fees allowed to such clerks.

a. The payment of any fees to any New Jersey Court or its Clerk thereof may be waived or dispensed with by the Court when any if a party, by reason of demonstrates its poverty and seeks the appropriate relief therefrom.


b. The collection of any fee provided for by included in this chapter may be waived in particular circumstances by general rule or special order of the Supreme Court, or by an order of any court made pursuant to authority granted by a rule of the Supreme Court.

cbc. No charge shall be made by tThe Clerk clerk of any Court court shall not charge any New Jersey State officer paid from State funds and conducting State business, or a State department, board, body or commission for the filing of any paper or the rendering of any service for which a fee is provided by this chapternormally charged. when the party filing the paper or requesting the service is a State officer paid from State funds and conducting State business, or a State department, board, body or commission.

d. Unless otherwise indicated, no service shall be performed unless the specified fee is paid.

dce. The Cclerk of the Ccourt shall issue process, subpoena, or any other order, without requiring the payment of a fee, Wwhenever any duly authorized ethics committee of a County county or Sstate bar Bbar association Aassociation within the State, which has been recognized as such by the Supreme Supreme CourtCourt, shall makes any application pursuant to the Rules of the Supreme Court,.

f. The payment of fees to any New Jersey court or its clerk may be waived by the court if a party demonstrates its poverty and seeks the appropriate relief.

g. The collection of any fee included in this chapter may be waived in particular circumstances by general rule or special order of the Supreme Court, or by an order of any court made pursuant to authority granted by a rule of the Supreme Court.

h. In any cause or proceeding in which the papers filed with the clerk of the Superior court shall be exceptionally numerous or other work done by the clerk shall be exceptionally onerous, the clerk may make application to the court, on notice, for an order fixing and allowing a reasonable additional fee to be paid for the use of the State. The court may make an order fixing and allowing such additional fee, if any, as shall be deemed just and reasonable under the circumstances and directing how and by whom the fee shall be paid.

the clerk of the court shall issue process of subpoena, or any further orders, without requiring the payment of any fee.

History of (a): L.1953, c. 22, p. 397, s. 11.

e. Attorneys for the respective parties shall be liable and responsible for all fees charged to their respective clients by the Clerk of the Supreme Court and the Clerk of the Superior Court, unless the court otherwise directs otherwise.

History of (a): L.1953, c. 22, p. 381, s. 11.

History of (b): L.1953, c. 22, p. 397, s. 11.

History of (cb): L.1953, c. 22, p. 397, s. 11.

History of (dc): L.1953, c. 22, p. 384, s. 11.Source: 22A:1-7; 22A:2-3; 22A:2-4; 22A:2-21; 22A:2-22; 22A:4-16.


History of (e): L.1953, c. 22, p. 397, s. 11.

COMMENTThis section contains general provisions consolidated from various sections of the statute.

Subsection (a) remains substantively unchanged and no change is contemplated.

Subsections (a) (the former 22A:2-21), , (bb) (the former 22A:2-23), (the former 22A:4-16), (c) (c) (the former section 22A:2-22) and , (dcd) (the former section 22A:2-4), (e) (the former 22A:1-7) and (f) (the former 22A:2-3) and (e) (the former 22A:2-21) remain substantively unchanged (although the language was updated slightly). and no further change is contemplated. Those sections were enacted in 1953 and not modified since that time.

It is not clear whether the waiver and non-waiver provisions should be included in the same section or separated.

It is not clear The question has been raised as to who will pay for things like fees for service and advertising if the Ccourt is able to waive those fees.

22A:2-3. Order for payment of expenses and costs

a. The Supreme Court may provide for the payment of the cost of the transcript, and of printing the briefs, appendices, and other disbursements and expenses by either party and allow it to be taxed in the bill of costs, as the court deems just.

b. A party to whom costs are awarded or allowed in the Law or Chancery Divisions of the Superior Court is entitled to include in the bill of costs the necessary disbursements, as follows:

(1) The statutory witness fee;

(2) The costs of taking depositions, when taxable by order of the court;

(3) The costs for publication where publication is required;

(4) The costs paid for a certified copy of a document or a map, recorded or filed in any public office, obtained for use in a trial or any other proceeding;

(5) Sheriff's fees for service of process or other documents;

(6) All filing and docketing fees paid to the clerk of court;

(7) Other reasonable and necessary expenses taxable according to the course and practice of the court, or by express provision of law or rule of court.

Source: 22A:2-3; 22A:2-8. COMMENT

Subsection (a) is the former 22A:2-3. It remains substantively unchanged. References to general and special rules in that section have been removed.

Subsection (b) is the former 22A:2-8. In (b)(1), the phrase “statutory witness fee” replaces “legal fees of witnesses, including mileage for each attendance” and the reference to “masters, commissioners and other officers” was stricken. In (b)(3) and (b)(4), the term “legal fee” has been replaced with “costs” to make it clear that it covers the cost of the publication or the document, not the fee paid to an attorney


associated with the publication or procurement of the document. In (b)(4) “deposition or other paper or document” was replaced with “document”. In (b)(4) the phrase “necessarily used or obtained for use” was replaced with “obtained for use”. In (b)(4) the phrase “in a trial of an issue of fact or the argument of an issue of law” was replaced with “in a trial or other proceeding”. In (b)(5) the term “document” was substituted for “mandate or proceeding”. In (b)(6) the words “and charges” were removed after “fees”.

22A:1-7a. Waiver of fees

a. The payment of fees to any New Jersey Court or its Clerk may be waived by the Court if a party demonstrates its poverty and seeks the appropriate relief.

b. The collection of any fee included in this chapter may be waived in particular circumstances by general rule or special order of the Supreme Court, or by an order of any court made pursuant to authority granted by a rule of the Supreme Court.

History of (a): L.1953, c. 22, p. 381, s. 11.

History of (b): L.1953, c. 22, p. 397, s. 11.

COMMENTSubsections (a) and (b) (the former 22A:2-23) remain substantively unchanged although the

language has been modified. The waiver and non-waiver sections pertaining to fees, although previously consolidated, have been separated at the recommendation of the Commission.

22A:2-72-7. Filing fees for the first paper in Law or Chancery DivisionInitial filing fees n Superior Court , payable to the Superior Court Clerk

Except as set forth in 22A:2-37.1 and in probate cases, Tthe amount to be paid to the Clerk for the filing of the first paper in any action, except in probate cases, in the Law Division or the Chancery Divisions of the Superior Court, including Tax Court,, which shall cover all fees payable in that action through and including, the entry of final judgment, taxation of costs, copy of costs, and the issuance and recording of final process, except as may be otherwise provided herein, by law, or by the rules of court. The amounts paid by the parties shall be:

a. The By the plaintiff, $250.

b. By any person filing an answer with a counterclaim or a third party claim, $250.

c. By any person other than the plaintiff filing any other paper, including a third-party complaint, $135.

d. In Tax Court, there shall be no filing fee charged for a counterclaim or responsive pleading filed by the taxing district.

d. The fee for fFiling of the first paper in any motion, petition or application, if not in a pending action or if made after dismissal or judgment entered, other than withdrawal of money deposited in court, shall be $30.

History of (a)(1) and (b): L.1953, c.22, s.11; amended 1957, c.224; 1965, c.123, ss.7,11; 1967, c.113; 1980, c.58, s.2; 1985, c.422, s.4; 2001, c.370, s.2; 2002, c.34, s.31; 2004, c.108, s.3.Source: 22A:2-7; 22A:2-12; 22A:2-13; 22A:5-1.


COMMENT

The word “proceeding” was eliminated in the first sentence as redundant and potentially confusing.

The fee for the filing of the first paper (set forth in subsection (b))) was raised to $250 to make the initial filing in most of the Ccourts consistent. and the motion fee was already the same in the Supreme Court and the Appellate Division as it is in the Law and Chancery Divisions.

The Chancery Division language was imported from Sections 22A:2-12 and 22A:2-13 so that the Law Division and Chancery Division sections could be combined. It appears that continuing the practice of separate provisions for those two Divisions was more a historical artifact than a practical necessity, so they have been combined in this section. The underlined language in the second subsection is probably unnecessary since the reference is made to proceedings in the Chancery Division, but was included to make it clear that all Superior Court proceedings other than probate proceedings were covered by this section. The fee for the filing of the first paper was raised to $250 to make the initial filing in most of the Ccourts consistent.

22A:5-1. Tax court; fees; payment; disposition

a. The filing fee for commencement of proceedings in the Tax Court, other than proceedings in the Small Claims Division, shall be the same as proceedings in the Superior Court, Law Division, except that a taxing district shall not be required to pay a filing fee upon the filing of a counterclaim or any responsive pleading.

b. Additional fees, the reduction or waiver of fees for particular classes of cases, and the fees for the Small Claims Division of the Tax Court, shall be established by the Rules of the Supreme Court.

c. No proceeding shall be heard by the Tax Court unless the fees are paid.

d. All fees shall be payable to the clerk of the Tax Court for the use of the State, and shall not be refundable except as specifically provided by the Rules of the Supreme Court.

COMMENT

History: L.1993, c. 74, § 2, eff. March 12, 1993.

This section remains unchanged, and no change is contemplated.

22A:2-7a2-7a. Filing fees for other papers, payable to the Superior Court Clerk filed during an action

Upon the filing, entering, docketing, or recording of the following papers or documents by any party to any action in the Law, Division or the Chancery or Appellate Divisions of the Superior Court, or the Supreme Court, as appropriate, the party shall pay to the clerk the following fees:

a. MotionMotion, , $30.


b. The fee for filing of the first paper in any motion, petition or application, if not in a pending action or if made after dismissal or judgment entered, other than withdrawal of money deposited in court, shall be $30.

c. Order to show cause, $45.

d. Transfer of action from Law Division to Special Civil Part, no charge. Transfer of an action from Special Civil Part to Law Division, $45.

e. Signing and issuing a subpoena. $5.

b. Withdrawal of money deposited in court where the sum to be withdrawn is:

(1) less than $100, no fee;

(2) $100 or more but less than $1,000, $5;

(3) $1,000 or more, $10.

c. Entering judgment on bond and warrant by attorney and issuance of one final process, or recording of judgment in the civil judgment and order docket, or satisfaction of judgment or other lien, $35.

d. Docketing judgments or orders from other courts or divisions except from the Special Civil Part, $35. except that n No fee shall be paid by any municipal court to docket a judgment of conviction and amount of assessment, restitution, fine, penalty or fee pursuant to subsection a. of 2C:46-1(a).

e. Docketing judgments or orders from the Special Civil Part, $10.

fc. Affixing the seal Sseal of the Court to any document; , an exemplification; , a warrant of satisfaction; , a master’s certificate certifying the master’s appointment; , recording assignment of judgment or release; , issuing and recording executions (except as otherwise provided); ), or signing and issuing subpoena, $5.

gd. Recording of instruments not otherwise provided forspecified in this article, or and all other papers or services provided by the clerk, $5.

he. Bonds, bail, recognizancesrecognizance:

(1) Recording all official bonds with

acknowledgment and proof of their execution

thereof $9 $10

(2) Filing all papers related to recognizance or

civil bail $30

(3) Filing discharge, attachment bond $9 $10

(4) Filing and recording filiation bond $9 $10

(5) Filing satisfaction of or order discharging

filiation bond $9 $10


(6) Recording or discharging sheriff's bond $9 $10

if. Commissions on appeals accounts and deposits for security for costs- : 2% on $100 or less; 1 1/2% on any the excess of $100.

jg. Commissions on paying out trust fund accounts (including all funds, moneys or other assets brought into and deposited in court): - 2 1/2% on the first $100; 2% on the next $900; 1 1/2% on the excess over of $1,000.

h. Withdrawal of money deposited in court where the sum to be withdrawn is:



(3) $1,000 or more, $10.

i. Entering judgment on bond and warrant by attorney and issuance of one final process, or recording of judgment in the civil judgment and order docket, or satisfaction of judgment or other lien, $35.

j. Docketing judgments or orders from other courts or divisions except from the Special Civil Part, $35. No fee shall be paid by any municipal court to docket a judgment of conviction and amount of assessment, restitution, fine, penalty or fee pursuant to 2C:46-1(a).

k. Docketing judgments or orders from the Special Civil Part, $10.

(l) The clerk shall receive the following fees associated with searches of the records:

(1) for a search for judgments and all other records which may

become a lien upon real estate, for each name, each year, each book $0.06

(2) For stating a judgment $0.05(3) For every other search, for each name, each year, each book $0.02(4) For drawing certificate and seal $0.12(5) For copies or abstracts of judgments or other records included in such certificate, for each folio $0.08

(6) Minimal fee for a search and certificate $0.25

Source: 22A:2-6 (subsection (a)); 22A:2-7 (subsections (b) and (e)).

History of (c): L.1953, c.22, s.11; amended 1975, c.340, s.1; 1991, c.177, s.7 and s.12; 1993, c.275, s.11; 1994, c.81, s.1; 1995, c.135, s.10; 2002, c.34, s.27.

History of (h): L.1953, c.22,s.11; amended 1963, c.162; 1977, c.57, s.2; 1988, c.109, s.1; 2001, c.370, s.3; 2005, c.370, s.14


COMMENTThe language of the initial section was modified to include a reference to the Supreme Court since

the Clerk of that Court also affixes the seal of the Court and performs other actions set forth in (g)this section.

Subsection (b) was moved from the prior section (22A:2-7) to this one on the recommendation of a reviewer, but it is not clear that it fits most cleanly here, it will be further reviewed.

In Subsection (c)(3i), the fee for entering a judgment on the bond and warrant by an attorney was increased to match the fee set forth for what seems to be the same thing in 22A:2-29 and to match the fee for docketing or recording of a judgment.

In Subsection (c)(11(e)(2)), the fee for filing and entering a recognizance of civil bail was increased to $30 to match the fee for filing and entering a recognizance set forth in Section 22A:2-29. Research is needed to determine if this is still valid.

The former Section 22A:2-20 has been consolidated here as parts of subsections (c) - (jk).

Parts of the former 22A:4-12 are included here as (l). This subsection is proposed for elimination on the grounds that it is no longer relevant.

The language pertaining to bonds, bail, and recognizances shown in subsection (he) were formerly a part of Section 22A:2-29. They were included in this section as a part of the division of the former 2-29 into fees payable to the Superior Court and fees payable to the County Clerk as a result of discussions with a sampling of County Clerk’s offices.

The focus of subsections (h) – (k) is post-disposition, and these provisions may be more appropriately removed to a separate section, in the interim, they were moved to the end of this section.

Subsection (c) is new. The filing fee for an order to show cause is proposed at $45, even though that exceeds the fee for a standard motion, since it has been suggested that an order to show cause is more labor-intensive for the court personnel than a typical motion.

Subsection (d) is new. The filing fee for the transfer of a matter from Special Civil Part to Law Division is proposed at $45. The fee is presently only $15, but it is not clear if that should be increased since the filing fee for the Law Division far exceeds the filing fee in the Special Civil Part and even $45 does not make up the difference.

Subsection (e) includes the subpoena reference here, rather than in the later section dealing with fees for actions generally taken post-disposition.

22A:2-37.1. In Special Civil Part of the Superior Court, Law Division and in civil actions in municipal courts, fees; useFees in Special Civil Part of the Superior Court .

a. In civil causes, in municipal courts, all filing fees and other charges, all fees of constables, jurors, attorneys and appraisers, and all other charges and costs shall be the same as are provided by law for similar services in the Superior Court, Law Division, Special Civil Part.

ba. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:


(1) Filing of small claim or complaint in tenancy, one defendant $15 25 Each additional defendant $2 5

(2) (A) Filing of complaint or other initial pleading containing a counterclaim, cross-claim or third partyparty complaint in all other civil actions, whether commencedwhether commenced without process or by summons, capias, replevin or summons, capias, replevin or attachment where the amount

i) exceeds the small claims monetary limit, one defendant $50 (Bii) Each additional defendant $2 5(C) Filing of complaint or other initial pleading containing a counterclaim, cross-claim or third party complaint in all other civil actions, whether commenced without process or by summons, capias, replevin or attachment where the amount does not exceed the small claims

monetary limit, one defendant $32 35(DB) Each additional defendant $2 5

(3) Filing of appearance or answer to a complaint or or third party complaint in all matters except small claims small claims $15 25

(4) Service of Process in this paragraph is defined as the simultaneous mailing of papers, by ordinary and certified mail, return receipt requested, to the defendant at the address provided by the plaintiff:. Service of process shall include the service of: the (A) Ssummons by mail, (each defendant),; at principal place of residence $4 5(B) Ssummons by mail , (each defendant) at place of business or employment with postal instructions instructions to deliver to addressee only; , additional fee additional fee $4 5(C) Rreservice of summons by mail, each defendant; $4 5and wage execution by mail to a federal agency $5

(D5) Reservice of summons or other original process by court officer, each defendant $3 5 plus

mileage


(E6) Substituted service of process by the clerk upon

the Chief Administrator of the New Jersey Motor Vehicle Commission, $10 15 20

Plus plus postage $4 5

(5) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the State for other State employees and the total mileage fee rounded upward to the nearest dollar.(657) Jury Assembling jJury of six persons

$50(768) Warrant Issuing warrant for possession in tenancy$15(879) Issuing wWarrant to arrest, commitment or writ of capias

ad respondendum, each defendant $15(9810) Issuing or filing wWrit of execution or an order in

the nature of execution, writs of replevin and attachment issued subsequent to summons $5 15

(10911) For aAdvertising property under execution or any order $10 15 (11102) For sSelling property under execution or any order

$10 15 (12113) Issuing eExemplified copy of judgment:

(A) Two pages $5(B) Each additional page $1

cb. Mileage ofcharged by a court officer in serving or executing any process, writ, order, execution, notice, or warrant, shall be as set forth in the section pertaining to court officers in this Title. computed by counting the number of miles on the most direct route from the place where process is issued to and from the served person or entity. The rate per mile shall be the same as set by the State for other State employees, and the total mileage fee shall be rounded upward to the nearest dollar.

c. Fees for proceedings in the Small Claims Division of the Tax Court shall be the same as the fees associated with a small claims action in Superior Court generally.

Source: 22A:2-37.1; 22A:2-43; 22A:5-1.


L.1991,c.177,s.14; amended 1993, c.275, s.13; 1996, c.52, s.5; 2000, c.129, s.1; 2002, c.34, s.32; 2003, c.259, s.1.

COMMENTSection 22A:2-43 and parts of section 22A:5-1 hasve been consolidated with this section. This

section remains substantially unchanged but subsection lettering and numbering has been inserted for ease of reference. This section appears to be unnecessarily repetitive, as the bulk of the fees are unchanged, so it seems that much of the duplicative language could be removed without interfering with the substance of the section, which is to indicate that there were small changes to the fees associated with the service of process. Modest changes to some of the fees have been made simply to make the charges multiples of $5. The distinction in the fee for the first defendant in an action and any subsequent defendant has been removed as unnecessary.

This section Subsection (b) was changedmodified to delete references to fees effective before and after five years from the effective date of amendments to the statute in 2003. The assumption is made that any changes to the statute as a result of this project would be effective after the time that the new fee structure was to be implemented, so that language is included here as (ba)(4).

References to civil causes in municipal court have been removed from this section. It appears that these references are no longer required since they appear to be obsolete, but this will be confirmed prior to distribution of the project.

Reference in subsection (a) to no service being performed until the fee for the service is paid was stricken at the request of the Commission.

More work is needed on sSubsection (b) was revised in an effort to remove mileage references since it was suggested that those references were unnecessarily problematic. wherever possible and to key them to a percentage of the federal rate where it is not possible to remove themA more detailed explanation is provided in the “Mileage” section below.

It is not clear if (c) is suitable language to accomplish the consolidation of the Small Claims Division of the Tax Court and the Small Claims fees generally. If not, the language will be modified.

Section 22A:4-12 and 22A:4-14 were eliminated as no longer applicable.

22A:4-12. Searches, acknowledgments, proof, affidavits and oaths

For a service specified in this subsection, foreign commissioners of deeds, notaries public, judges, and other officers authorized by law to perform such service shall receive a fee as follows:

a. For administering an oath or taking an affidavit $2.50b. For taking proof of a deed $2.50c. For taking all acknowledgments $2.50d. For administering oaths, taking affidavits, taking proofs of a deed,

and taking acknowledgments of the grantors in the transfer of real estate, regardless of the number of such services performed in a single transaction to transfer real estate $15

e. For administering oaths, taking affidavits and taking acknowledgments of the mortgagors in the financing of real estate, regardless of the number of such services performed in a single transaction to finance real estate $25


History (a) – (c): 22A:4-12: L.1953, c. 22, p. 437, § 11.(d) – (e): 22A:4-14: L.1953, c. 22, p. 439, § 11. Amended by L.1964, c. 205, § 1; L.2002, c. 34, § 48, eff. July 1, 2002.

COMMENTSubsections (a) – (c) are the former 22A:4-12. Subsections (d) and (e) are the former 22A:4-14.

Subsections (a) – (c) are proposed for deletion as duplicative and inconsistent with other fees listed in this chapter.

22A:1-1.1. Payment of juror fees

a. Every person serving as a grand or petit juror as a juror in New Jersey courts, other than a person compensated pursuant to 2B:20-16, whether as a grand or petit juror, shall receive , $35 for each day's attendance at such the courts, the sum of $5.

b. In addition to the amounts received pursuant tounder subsection a. of this section, each person serving as a juror, other than a person compensated pursuant to 2B:20-16, shall be paid $35 for each consecutive day of attendance in excess of two days. For the purposes of this subsection, "consecutive" days of attendance shall be counted excluding Saturdays, Sundays, State holidays and days when a trial is in recess.

c. The Assignment Judge of the vicinage shall designate the method of juror payment. The Assignment Judge shall keep an account of all juror fees paid under this section and provide each juror with a statement of the number of days the juror served and the amount of fees to which the juror is entitled.

Source: 22A:1-1.1. L.1993, c.275, s.19; amended 2001, c.38, s.1.COMMENT

This section remains substantially unchanged. A review of the laws of other states will be conducted to determine what jurors in other states are paid. It is noted that whileAlthough this section of the statute was updated fairly recently, the current $5 per diem for jurors would not even be sufficient to enable a juror to purchase a lunch for him or herself in or near most of the courthouses in the State, thus there does not seem to be a point to retaining this language.

The changes in this section were made in response to Assembly bill 2125, which was introduced in February of 2008 and which increases compensation for jurors and addresses the problem that grand jurors serve on non-consecutive days (as do petit jurors on some trials that are carried) and thus would not qualify for increased compensation under the current statutory scheme. A quick survey will be done of surrounding states in an effort to determine what other states do about compensation for jury service.

Although it$35 per day would certainly represents a significant increase in the payment to jurors but, it may not make sense to pay a juror less for a day of jury service than is paid to a witness for an appearance. A2125 increased the juror payment to $40 per day. This draft retains the $35/day already included in the statute. A2125 also creates a conflict with 2B:20-16 that the draft avoids. More work is needed on this section.

22A:1-4. Fees and mileage of witnesses and others

a. A wWitnesses required to attend: a court; a committee of the Legislature, which was, by resolution, directed to conduct an investigation or inquiry; a commissioner


or commissioners; a master; a referee; an arbitrator; an officer taking a deposition; or any proceeding issuing out of any court; shall be entitled to the following feesreceive:

(1). For attendance at one of the above-referenced proceedings in the witnesses’s county of residence, $25.

(2). For attendance at one of the above-referenced proceedings in a county other than the witnesses witness’s county of residence, $45.

b. This fee shall not be paid when the witness is attending the proceeding as a governmental agent and the hearing is before a legislative committee or a governmental agency that is a party to the proceeding.

Source: 22A:1-4.

COMMENTThis section was initially proposed for elimination on relevance grounds. The reimbursement in

the current statute is so low as to be nearly meaningless and bears no relation to what witnesses who demand or require compensation will be compensated. The per diem for witnesses would not likely even cover parking costs for the witness, let alone the cost of transportation to and from the facility at which they are required to appear. Informal comments from the AOC, however, suggested that it is important to retain this section, but that the calculation of mileage for this purpose can be prohibitively complex, so the suggestion was made to incorporate a flat rate for witness compensation.

Subsection (b) is new. It replaces current statutory language which calls for the compensation of the secretary of State or a clerk who appears as a witness. The language was changed and requires comment is needed and because it is not clear why an individual attending on behalf of the State, county or municipality who will be compensated by his or her department, should receive additional compensation from the party compelling attendance.

Additional research is needed to confirm who pays the amounts set forth above.

22A:2-7b. Superior Court fees for actions generally taken post-disposition

Upon the filing, entering, docketing, or recording of the following papers or documents by any party to any action in the Law, Chancery or Appellate Divisions of the Superior Court, or the Supreme Court, as appropriate, the party shall pay to the clerk the following fees:

a. Affixing the seal of the court to any document, an exemplification, a warrant of satisfaction, a master’s certificate certifying the master’s appointment, recording assignment of judgment or release, issuing and recording executions (except as otherwise provided), $5.

b. Recording of instruments not specified in this article, and all other papers or services provided by the clerk, $5.

c. Bonds, bail, recognizance:(1) Recording all official bonds with acknowledgment and proof of their execution $9 $10


(2) Filing all papers related to recognizance or civil bail $30(3) Filing discharge, attachment bond $9 $10(4) Filing and recording filiation bond $9 $10(5) Filing satisfaction of or order discharging

filiation bond $9 $10(6) Recording or discharging sheriff’s bond $9 $10

d. Commissions on appeals accounts and deposits for security for costs: 2% on $100 or less; 1 1/2% on the excess of $100.

e. Commissions on paying out trust fund accounts (including all funds, moneys or other assets brought into and deposited in court): 2 1/2% on the first $100; 2% on the next $900; 1 1/2% on the excess of $1,000.

f. Withdrawal of money deposited in court where the sum to be withdrawn is:



(3) $1,000 or more, $10.

g. Entering judgment on bond and warrant by attorney and issuance of one final process, or recording of judgment in the civil judgment and order docket, or satisfaction of judgment or other lien, $35.

h. Docketing judgments or orders from other courts or divisions except from the Special Civil Part, $35. Docketing judgments or orders from the Special Civil Part, $10. No fee shall be paid by any municipal court to docket a judgment of conviction and amount of assessment, restitution, fine, penalty or fee pursuant to 2C:46-1(a).

Source: 22A:2-6; 22A:2-7; 22A:2-20; 22A:2-29; 22A:4-12.COMMENT

The language of the initial section was modified to include a reference to the Supreme Court since the Clerk of that Court also affixes the seal of the Court and performs other actions set forth in this section.

The language pertaining to bonds, bail, and recognizances shown in subsection (c) were formerly a part of Section 22A:2-29. They were included in this section as a part of the division of the former 2-29 into fees payable to the Superior Court and fees payable to the County Clerk as a result of discussions with a sampling of County Clerk’s offices. In Subsection (c(2)), the fee for filing and entering a recognizance of civil bail was increased to $30 to match the fee for filing and entering a recognizance set forth in Section 22A:2-29. Research is needed to determine if this is still valid.

In Subsection (g), the fee for entering a judgment on the bond and warrant by an attorney was increased to match the fee set forth for what seems to be the same thing in 22A:2-29 and to match the fee for docketing or recording of a judgment.

The former Section 22A:2-20 has been consolidated here as parts of subsections (d) - (h).

Parts of the former 22A:4-12 were consolidated with this section and eliminated on the grounds that it is no longer relevant.


22A:2-37.1a. Special Civil Part fees for actions generally taken post-disposition

a. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged:

(1) Issuing warrant for possession in tenancy $15(2) Issuing warrant to arrest, commitment or writ of capias ad respondendum, each defendant $15(3) Issuing or filing writ of execution or an order in the nature of execution, writs of replevin and attachment issued subsequent to summons $5(4) Advertising property under execution or any order $10(5) Selling property under execution or any order $10(6) Issuing exemplified copy of judgment:

(A) Two pages $5(B) Each additional page $1

b. Mileage charged by a court officer shall be as set forth in the section pertaining to court officers in this Title.

c. Fees for proceedings in the Small Claims Division of the Tax Court shall be the same as the fees associated with a small claims action in Superior Court generally.

Source: 22A:2-37.1; 22A:2-43; 22A:5-1. COMMENT

Section 22A:2-43 and parts of section 22A:5-1 have been consolidated with this section. This section remains substantially unchanged but subsection lettering and numbering has been inserted for ease of reference.

References to civil causes in municipal court have been removed from this section. It appears that these references are no longer required since they appear to be obsolete, but this will be confirmed prior to distribution of the project.

Referenceto no service being performed until the fee for the service is paid was stricken at the request of the Commission.

Subsection (b) was revised in an effort to remove mileage references since it was suggested that those references were unnecessarily problematic. A more detailed explanation is provided in the “Mileage” section below.

It is not clear if (c) is suitable language to accomplish the consolidation of the Small Claims Division of the Tax Court and the Small Claims fees generally. If not, the language will be modified.

22A:2-7b. Fees for appeals

a. The Clerk of the Supreme Court or the Clerk of the Superior Court, Appellate Division shall charge, for the filing or entering of the notice of appeal, notice of cross-appeal, notice of petition for certification, notice of cross-petition for certification or notice of petition for review, $250.


b. In addition to the filing fee discussed in subsection a. above, a $300 deposit for costs must be paid to the Clerk as required by the Rules of Court.

c. Motions, $30.

d. In cases appealed to the Law Division of the Superior Court from any inferior court or tribunal, criminal or civil, the Clerk of the Law Division shall charge, for filing a notice of appeal, and other appeal papers and proceedings, including judgment in the Superior Court or an order of dismissal, $75.

COMMENTThe former Section 22A:2-1 and the former Section 22A:2-5 have been combined with this

section as (a) and deleted since all the latter section did was reference the former and indicate that the same fees, costs and allowances applied to the Appellate Division.

Subsections (b) and (c) are new.

The appeal language from Section 22A:2-27 was imported and inserted as (d), so that it was included with the other appeal language. The last sentence indicating where the money was to be paid was removed as unnecessary after December 31, 1994.


Court Officers

22A:x-xx. Mileage

Mileage paid to any court officer, including Sheriff’s Officers and Special Civil Part Officers for travel within a single county to serve or execute any process, writ, order, execution, notice, warrant or other service for which a payment of mileage is to be made to that officer shall be as follows:

a. In Atlantic County: $15;

b. In Bergen County: $10;

c. In Burlington County: $10;

d. In Camden County: $10;

e. In Cape May County: $10;

f. In Cumberland County: $15;

g. In Essex County: $10;

h. In Gloucester County: $10;

i. In Hudson County: $5;

j. In Hunterdon County: $10;

k. In Mercer County: $10;

l. In Middlesex County: $10;

m. In Monmouth County: $10;

n. In Morris County: $10;

o. In Ocean County: $15;

p. In Passaic County: $10;

q. In Salem County: $10;

r. In Somerset County: $10;

s. In Sussex County: $10;

t. In Union County: $5; and

u. In Warren County: $10.

Source: New.COMMENT

This section is new. It was suggested that the use of mileage fee calculations is unnecessarily complicated. Currently, there are separate mileage fee calculations for Sheriff’s Officers and for Special Civil Part Officers. There are currently mileage fee calculations listed for the municipalities within each county. The lists of municipalities for the Sheriff’s Officers, however, differ in some instances, from those listed for the Special Civil Part Officers. The number of municipalities listed for a county varies from 12 to 187. Since the compensation by mileage system has been in place for so long, there were concerns about


eliminating it entirely. As a result, the current mileage figures were reviewed and averages calculated for each county. The mileage fees for Special Civil Part Officers were higher than those for the Sheriff’s Officers so those figures were selected as the baseline since they might more accurately reflect the recent increase in fuel costs. The average figures were then rounded up to the nearest $5 or $10 increment. Comment is being sought on this issue from the Sheriff’s Officers and the Special Civil Part Officers to determine if this more streamlined mileage treatment is workable.

It is noted that while some states use mileage fee calculations with varying mileage reimbursement rates, there are states that use a flat fee (Alaska, for example charges $25 for service of civil process for the first 25 miles or portion thereof, and uses a mileage fee calculation only for each mile in excess of 25).

22A:2-14. Guardian ad litem; appointment after default in the Chancery Division; compensation

When a guardian ad litem is appointed after default in the Chancery Division of the Superior Court, such guardian shall be paid $5 for his compensation and no more, unless the court shall otherwise order the amount ordered by the Court. The attorney for the moving party shall pay the said sum to the appointed guardian ad litem , so appointed, at the time when a copy of such the appointment order is served upon the guardian ad litem.

L.1953, c. 22, p. 392, s. 11.

COMMENT

This section has been modified as shown above to reflect the practice. It is not clear why this section is limited to the appointment of a guardian ad litem after a default.

22A:2-7b. Filing fees for appeals

a. The amount to be paid toThe Clerk of the Supreme Court or the Clerk of the Superior Court, Appellate Division of the Superior Court of shall charge, $250 the Appellate Division for the filing or entering of the notice of appeal, notice of cross-appeal, or notice of a petition for certification, notice of cross-petition for certification or notice of a petition for review, $250., the appellant, cross-appellant, petitioner or cross-petitioner shall be $250.

b. In cases appealed to the Law Division of the Superior Court from any inferior court or tribunal, criminal or civil, the clerk Clerk of the Law Ddivision shall charge, a fee of $75 for filing a notice of appeal, and other appeal papers and proceedings, including judgment in the Superior Court or an order of dismissal, $75.

History of (a)(1): L.1953, c.22, s.11; amended 1957, c.224; 1965, c.123, ss.7,11; 1967, c.113; 1980, c.58, s.2; 1985, c.422, s.4; 2001, c.370, s.2; 2002, c.34, s.31; 2004, c.108, s.3.


History of (a)(2): L.1953, c.22, s.11; amended 1965,c.123,ss.6,11; 1985,c.422,s.3; 1991, c.177, s.13; 1993,c.275, s.12.

COMMENT

The former Section 22A:2-1 and the former Section 22A:2-5 have been combined with this section as (a). and deleted since all the latter section did was reference the former and indicate that the same fees, costs and allowances applied to the Appellate Division.

The appeal language from Section 22A:2-27 was imported and inserted as (b)., so that it was included with the other appeal language. The last sentence indicating where the money was to be paid was removed as unnecessary after December 31, 1994.

22A:1-6. Fees for serving writs, subpoenas, or and other processSpecial Civil Part Officers

a. Unless otherwise specified, service of any subpoena, writ or Court order, the serving officer shall receive the fee of $5 for service of any subpoena, writ or Ccourt order. The provisions of this section shall not apply to cases in on behalf of the State where the officer serving the document is paid a salary or per diem.

b. If a judgment is vacated for any reason after a court officer has made a levy, and subsequently the judgment is reinstated or the case is settled, the fee for the court officer shall again be taxed in the costs and collected on payment of the judgment or settlement amount.

cb. The Cclerk of the Special Civil Part of the Superior Court, Law Division, shall pay to the officers designated by the Assignment Judge to serve process the as followsing fees:

(1) Warrant to arrest, capias, or commitment, for each defendant served $15(2) Serving writ and summons in replevin, taking bond and any inventory, against one defendant $6 10Each additional defendant $2 5(3) Serving and executing warrant for possession in tenancy $10

cd. In addition to the foregoing, the following fees for officers of the Special Civil Part shall be taxed in the costs and collected on execution, writ of attachment or any order in the nature of anyamounting to an execution on any final judgment, or on a valid and subsisting levy of an execution or attachment which that may be the effective cause in producing payment or settlement of a judgment or attachment:

(1) For advertising property under execution or any order $10


(2) For selling property under execution or any order $10(3) On every dollar collected on execution, writ of attachment, or any order, $0.10

(4) In the event a judgment is vacated for any reason after a court officer has made a levy and thereafter the judgment is reinstated or the case is settled, the dollarage due the court officer on payment of the judgment amount or settlement amount again shall be taxed in the costs and collected.

d. If a judgment is vacated for any reason after a court officer has made a levy, and subsequently the judgment is reinstated or the case is settled, the fee for the court officer shall again be taxed in the costs and collected on payment of the judgment or settlement amount.

de. In addition to the foregoing, the clerk of the Special Civil Part shall pay to officers designated by the Assignment Judge to serve wage executions on a federal agency an amount equal to the established fee for each wage execution served.

f. If more than one document involving the same case is served on the same individual at the same time, only one fee (the highest fee applicable to the service of any of the documents) may be charged.

History of (a): L.1953, c. 22, p. 381, s. 11.

History of (b) - (d): L.1991,c.177, s.15; amended 2000, c.129, s.2; 2001, c.275; 2003, c.259, s.2Source: 22A:1-5; 22A:1-6; 22A:2-37.2.

COMMENTSubsection (a) consolidates the original Section 22A:1-5 with 22A:1-6 since it was not clear why

there should be a difference in the compensation for service of writs and subpoenas. In addition, the rate of compensation was changed from compensation by mile, to a flat fee compensation which fee was calculated based on a review of the statutory mileage award and the service fee (in the current statute, the mileage award is $0.04/mile and the service fee is $.035).

Subsections (b)-(d) are from 22A:2-37.2. Language duplicating that set forth in other sections of the statute was removed. Any service fees different from the $5 set forth in (a) are included in this subsection.

It was recommended that provisions pertaining to cases in the Law Division be separated from those pertaining to the Special Civil Part, but since the provisions in (a) and (b) appear to pertain to both, this section has not been divided into two sections. It will be reviewed again prior to distribution.

Subsection (f) is new.


22A:4-8. Fees and mileage of sSheriff’s Officers and and other officers; general fees

a. Sheriffs and other officers authorized to perform the following services shall receive the following fees for the enumerated services, in addition to the mileage fee allowed by law:

(1) For serving every summons and complaint, attachment, or any mesne process issuing out of the Superior Court:

(A) For the first defendant or party, within or outside of the State, on whom the process is served, including in matrimonial actions $22 25(B) For the secondevery other defendant, per person

$20(C) Any other defendant or defendants, per person $16(D) Spouses both named in the process shall be considered as one defendant, except where they arewhen living separately.

(2) Serving capias ad respondendum, capias ad satisfaciendum, warrant of commitment, writ of ne exeat $48 50

(3) Serving order to summon juries and return $8 10(4) Serving every execution against goods or lands and

making an inventory and return $48 50(5) For returning every writ $2 5(6) Executing every writ of: possession and return; $48(7) Executing every writ of attachment;

, sequestration; or replevin issued out of any courtissuing out of any of the courts $48 50

(7) Serving notice on a defaulting juror, to be paid by the juror $1 5(8) For making return when served with a writ of habeas corpus $2 5(9) For producing a prisoner held in custody on capias ad

respondendum, before a court taking bail $2 5(10) For taking a bond and inventory pursuant to law, concerning

insolvent debtors, to be paid by the defendant $0.50 1(11) For all services of the sheriff or other officer pursuant to

a claim of exemption on execution or other civil process for seizureof property, including $1 to be paid by the sheriff to each of three appraisers appointed $5

(8) For serving each out-of-State paper:(A) for the first defendant on whom such paper is served $25(B) for the second defendant $20(C) for any other defendant or defendants $16(D) Spouses both named in the paper shall be considered as one defendant, except where they are living separately.b. TheAn officer shall receive payment for mileage pursuant to the

Mileage section above for serving or executing any process or papers, transporting an offender to State prison, or serving any warrant or capias ad testificandum. The mileage fee calculations listed in this Title include fees for transportation within a single county. If an officer must travel in


more than one county, when transporting a prisoner, for example, then the mileage fees listed for each county in which the officer must travel may be added together for a total mileage figure. actually traveled:

(1) for serving or executing any process or papers where mileage is allowed by law, to and from the courthouse, $0.16 per mile.

(2) for transporting each offender to the State Prison, to be certified by the keeper of the prison and the certificate to be delivered to the county treasurer of the county where the conviction was obtained, $0.23 per mile, but not less than $3 for each offender.

(3) for serving and executing any bench warrant, State warrant, capias ad testificandum, or other compulsory process issued by any Court of this State or for transporting a prisoner taken on such process, $0.10 per mile.

c. The sheriff shall be entitled to retain 5% out of the total amount of fees collected on a forfeited recognizance, whether before or after execution, or from amercements, or from fines and costs on conviction, on indictment or otherwise, whether these fees are payable to the State or to the County treasurer.

d. The sheriff shall be entitled to the following fees on execution sales:

(1) the minimum fee for an execution sale $50(A) on all sums not exceeding $5,000 6%(B) on all sums exceeding $5,000 4% on

the excess(2) Making statement of execution, sales and execution fees $10(3) Advertising the property for sale, provided the sheriff or


deputy sheriff attend to the advertisement $20

(4) Posting property for sale $20(5) For the crier of the venue, when the sheriff proceeds to sell, per day the crier shall be actually employed in such sale $5(6) Every adjournment of a sale, but no more than one adjournment per sale is allowed, and if the sheriff shall have several executions against a defendant, the fees for advertising, attending and adjourning will only be allowed once $28(7) Drawing and making a deed to a purchaser of real property $75(8) Drawing and making a bill of sale to the purchaser of personal property, when required or demanded $20(9) On an execution against wages, commissions and salaries, the sheriff shall charge the same percentage fees on all sums collected as the percentage fees applicable in cases of execution sales.(10) When the execution is settled without actual sale and such settlement is made manifest to the officer, the officer shall receive 1/2 of the amount allowed in case of actual sale.

e. When more than one execution is issued out of the Superior Court on a judgment, each sheriff to whom the execution is directed and delivered, shall be entitled to collect and receive from the defendant named in the execution the fees allowed by law for making a levy and return and statement thereon, or for such other services as may be actually performed by that sheriff. The sheriff who collects the amount named in the execution or any part thereof, shall be entitled to the legal percentage upon whatever amount may be so collected by him. If a judgment is settled between the parties and the amount due thereon is not collected by either sheriff, the percentage on the amount collected which would be due the sheriff if only one execution had been issued shall be equally divided among the several sheriffs who received executions.

f. The sheriff shall file his taxed bill of costs with the clerk of the court that issued execution, within such time as the court shall direct, or forfeit all fees. If a sheriff charges for services not performed, or not allowed by law, or takes greater fees than is allowed by law, the sheriff shall be liable for the damages sustained by the aggrieved party, including a penalty of $30, which shall be recovered in a summary proceeding.

gd. Whenever a duly authorized ethics committee of a County or State Bar Association which has been recognized as such by the Supreme Court shall require the


service of a process of subpoena issued pursuant to section 22A:2-4 of this Title, no fee shall be required for making such service.

he. Sheriffs, undersheriffs, deputy sheriffs, constables, court attendants, and other officers authorized by law to perform any of the services in this subsection shall receive the following fees:

(1) Serving notice on a defaulting juror, to be paid by the juror $1

(2) For making return when served with a writ of habeas corpus $2(3) For producing a prisoner held in custody on capias ad respondendum, before a court taking bail $2(4) For taking a bond and inventory pursuant to law, concerning insolvent debtors, to be paid by the defendant $0.50

(5) For all services of the sheriff or other officer pursuant to a claim of exemption on execution or other civil process for seizure of property, including $1 to be paid by the sheriff to each of three appraisers appointed $5If more than one document involving the same case is served on the same individual at the same time, only one fee (the highest fee applicable to any of the documents) may be charged.

Source: 22A:4-8; 22A:4-9; 22A:4-10; 22A:4-11.COMMENT

History: Sections a-f, 22A:4-8: L.1953, c. 22, p. 432, § 11. Amended by L.1964, c. 210, § 1; L.1968, c. 187, § 1, eff. July 19, 1968; L.1971, c. 2, § 11, eff. Jan. 15, 1971; L.1979, c. 190, § 1, eff. Sept. 12, 1979; L.1991, c. 91, § 275, eff. April 9, 1991; L.2001, c. 370, § 5, eff. Jan. 8, 2002.Section g, 22A:4-9: L.1953, c. 22, p. 436, § 11.Section h, 22A:4-10: L.1953, c. 22, p. 436, § 11. Amended by L.1971, c. 2, § 12, eff. Jan. 15, 1971.Section i, 22A:4-11: L.1953, c. 22, p. 437, § 11. Amended by L.1964, c. 210, § 2.

This section remains substantially unchanged. Subsections were consolidated and numbered for ease of reference. Additional work remains to be done on this section to further streamline, consolidate, and make it consistent with other sections. The fees in this section have been modified as in other sections, to adjust them so that they are multiples of $5 or $10.

Subsection (b) is new.

This section was originally the consolidation of several sections, which were then divided into two sections, a general section (this one) and a section pertaining to execution sales (below).

22A:4-8. Sheriff’s Officers and other officers; fees pertaining to execution

a. The sheriff shall be entitled to the following fees on execution sales:

(1) the minimum fee for an execution sale $50(A) on all sums not exceeding $5,000 6%(B) on all sums exceeding $5,000 4% on

excess(2) Making statement of execution, sales and execution fees $10(3) Advertising the property for sale, provided the sheriff or

deputy sheriff attend to the advertisement $20(4) Posting property for sale $20


(5) For the crier of the venue, when the sheriff proceeds to sell, per day the crier shall be actually employed in such sale $5

(6) Every adjournment of a sale, but no more than one adjournment per sale is allowed, and if the sheriff shall have several executions against a defendant, the fees for advertising, attending and adjourning will only be allowed once $28 30

(7) Drawing and making a deed to a purchaser of real property $75(8) Drawing and making a bill of sale to the purchaser of personal

property, when required or demanded $20(9) On an execution against wages, commissions and salaries, the

sheriff shall charge the same percentage fees on all sums collected as the percentage fees applicable in cases of execution sales.

(10) When the execution is settled without actual sale and such settlement is made manifest to the officer, the officer shall receive 1/2 of the amount allowed in case of actual sale.

b. When more than one execution is issued out of the Superior Court on a judgment, each sheriff to whom the execution is directed and delivered, shall be entitled to collect and receive from the defendant named in the execution the fees allowed by law for making a levy and return and statement thereon, or for such other services as may be actually performed by that sheriff. The sheriff who collects the amount named in the execution or any part thereof, shall be entitled to the legal percentage upon whatever amount may be so collected by him. If a judgment is settled between the parties and the amount due thereon is not collected by either sheriff, the percentage on the amount collected which would be due the sheriff if only one execution had been issued shall be equally divided among the several sheriffs who received executions.

c. The sheriff shall file his taxed bill of costs with the clerk of the court that issued execution, within such time as the court shall direct, or forfeit all fees. If a sheriff charges for services not performed, or not allowed by law, or takes greater fees than is allowed by law, the sheriff shall be liable for the damages sustained by the aggrieved party, including a penalty of $30, which shall be recovered in a summary proceeding.

Source: 22A:4-8; 22A:2-9; 22A:2-10; 22A:2-11. COMMENT

This section was originally the consolidation of several sections, which were then divided into two sections, a general section (above) and a section pertaining to execution sales (this section).


22A:2-3. Order for payment of expenses and costs

a. The Supreme Court may by general rule, or by a special rule in any pending action pending therein, make such an orderprovide for the payment of the cost of the transcript, and and of printing the briefs, appendices, and of other proceedings, and other disbursements and expenses by either party, and the allow it to be taxedation and allowance thereof in the bill of costs, as the court may deems just.

b. A party to whom costs are awarded or allowed by law or otherwise in the Law Division or Chancery Divisions of the Superior Court is entitled to include in the bill of costs, the necessary disbursements, as follows:

(1) The statutory witness fee;

(2) The costs of taking depositions, when taxable by order of the court;

(3) The costs for publication where publication is required;

(4) The costs paid for a certified copy of a document or a map, recorded or filed in any public office, obtained for use in a trial or any other proceeding, or upon appeal, or otherwise;

(5) Sheriff's fees for service of process or other documents;

(6) All filing and docketing fees paid to the clerk of court;

(7) Such oOther reasonable and necessary expenses taxable according to the course and practice of the court, or by express provision of law, or rule of court.

History of (a): L.1953, c. 22, p. 385, s. 11.

History of (b): L.1953, c. 22, p. 388, s. 11.

COMMENT

Subsection (a) is the former 22A:2-3. It remains substantially substantively unchanged and no change is contemplated. References to general and special rules in that section have been removed.

Subsection (b) is the former 22A:2-8. In (b)(1), the phrase “statutory witness fee” replaces “legal fees of witnesses, including mileage for each attendance” and the reference to “masters, commissioners and other officers” was stricken. In (b)(3) and (b)(4), the term “legal fee” has been replaced with “costs” to make it clear that it covers the cost of the publication or the document, not the fee paid to an attorney associated with the publication or procurement of the document. In (b)(4) “deposition or other paper or document” was replaced with “document”. In (b)(4) the phrase “necessarily used or obtained for use” was replaced with “obtained for use”. In (b)(4) the phrase “in a trial of an issue of fact or the argument of an issue of law” was replaced with “in a trial or other proceeding”. In (b)(5) the term “document” was substituted for “mandate or proceeding”. In (b)(6) the words “and charges” were removed after “fees”.

It was suggested that we may need to include language here regarding the manner in which class actions are handled with regard to fees. Further research is needed to determine how to address that issue.


Probate

22A:2-30a. Probate proceedings in Superior Court in Chancery Division of the Superior Court; Fees of Clerk, Surrogate and Deputy Clerk of the Superior Court.

a. General: The following fees shall be paid to the sSurrogate of the county of venue Ffor performing services in all probate proceedings in the Superior Court, Chancery Division, Probate Part, and to the Clerk of the Superior Court, Chancery Division, Probate PartSurrogate’s Court, as appropriate, there shall be paid to the surrogate of the county of venue for the use of the county the following fees which, except as hereinafter provided, shallwhich shall constitute the entire fees to be collected by the sSurrogate or the Clerk for the use of the county, down to the final disposition of the cause, unless provided otherwise in this section:

(1)a. General: (A)

(1) Upon the filing of the first paper in the an Probate Part action, $135250; and

(2) (B) Upon the filing of an answering pleading or other answering papermotion in the Probate Part, $80135; and.

(2)(3) Upon the fFiling of the first paper in application for relief filed subsequent to the final judgment, $1030.

b. Miscellaneous: (1) Adjournment or continuance $15 (2) Issuing miscellaneous orders of Court, each page $5 (3) Proceedings relative to appointment of guardian ad litem $25 (4) Assignment of legacy or interest, per page $5plus $5 for county clerk certificate if necessary (5) Motion in Chancery Division, Probate Part $15 (6) Services regarding assignment for benefit of creditorsnot including accounting (funds to be used in county in which collected) $75 (7) Minimum charge for all other papers in Chancery Division, Probate Part $5

Source: 22A:2-30.COMMENT

Changes were made to the former 22A:2-30 based on informal comments received from individuals knowledgeable about the duties and responsibilities of Surrogates, which comments were sought in an effort to reorganize this language more efficiently.

In subsection (a), the fees were modified to make them equivalent to those paid in other Law or Chancery Division actions. If necessary, language should be included in


the statute to make it clear that the fees are to remain the same as those fees in other Superior Court actions if there is an increase in those fees.

The language in subsection (b) including a fee for an adjournment or continuance should be reviewed. Since changes were made to the statute in an effort to rationalize the fees and eliminate unnecessary or inappropriate distinctions, it is not clear that a fee for an adjournment or continuance is appropriate in this section since such a fee is not charged in the Law or Chancery Divisions. Rationalizing the filing fees and making them consistent suggests that other fees for things that occur in both the Probate Part and the Law and Chancery Divisions generally should also be the same.

22A:2-30b. Probate Proceedings; fees payable to the Surrogate acting as Clerk

The following fees are payable to the Surrogate in the Surrogate’s role as Clerk.

ba. Accounting:

(1) Auditing, stating, reporting and recording, microfilming or photostating, accounts of executors, administrators, guardians, trustees, assignees, including drawing judgment as follows independing on estate, but excluding advertising costss:

(A) Up to and including $ 2 10 ,000 .00 , $ 50 50 100

(B) From $ 2,000.01 10,001 to $ and including 25,000 $125

$10,000 .00 , $ 70 100 (C) From $ 25,000 10,000.01 to and including $30,000 .00 , $50,000

$ 85 1 25 50 (D) From $ 3 5 0,00 1 0.01 to and including $100,000 $65,000 .00 , $ 100 15 30 0 (E) From $100,001 to $200,000 $600 ( E F ) Exceeding $200,000 From $65,000.01 to

$200,000 . 0 0 1/5 of 1% of 0. 2 3 5 % of the the estate estate but not

less than $300 ; (F)

Exceeding $200,000.00 1/10 of 1% of 0.1 4 % of the estate, but not less than


$400;

(2) For each page of accounting, in excess of one, $3 5

(3) In computing the amount of an estate for the purpose ofto fixing the fees of the surrogate, for auditing and reporting the account, the balance from the a prior trust account shall be excluded.

(4) No fees for services of the surrogate herein allowed shall be charged against the recipient of any pension, bounty or allowance for services of the surrogate in respect thereofproceedings concerning these funds, pursuant to 3B:13-9 througho 3B:13-14.

(5) Preparing notice of settlement of accounts and its copies, forwarding notice to newspaper, with directions as to publication, keeping a record of notices and newspapers to which they are sent and of the monies received to defray the cost of advertising and transmitting advertising charges to newspaper, $50.

cb. Commissions on Deposits: On Surrogate fees on commissions on deposits , including any deposit made pursuant to sSections 31, and 32, of cChapter 67, of the laws of 1948, sshall be: 0.5% if under $100, 1/2 of 1% of it; 0.25% if on excess over $100 and under $1,000, 1/4 of 1% on such excess; if 0.125% on excess over $1,000, 1/8 of 1% of such excess.

d. Miscellaneous ChargesOther papers or services: The minimum charge for all other papers or services by the surrogate, $5.

ec. EstablishedThe following fFees for services of the surrogate and Ddeputy Cclerk of the Superior Court enumerated below shall be as follows and shall be for the use of the county in which the fees are collected. The fees listed below include all services in preparation of application, and execution of complaint, filing proof of death, deposition of one witness, qualification of executor, filing power of attorney, surrogate's certificate, judgment for probate, letters testamentary, making plain copy of a will, binding, recording, microfilming or photostating, comparing, docketing, reporting to the Division of Taxation in the Department of the Treasury, reporting and transmission to the Clerk of the Superior Court.

(1) Probate of Wills and Copies: Probate of a will of not more than two pages, with letters $100

Each additional page, $ 5(2) Probate of a will of not more than two pages

without letters, $50

Each additional page, $5 This fee is for tThe same services here as are enumerated in the preceding paragraph, exceptexclude letters, surrogate's certificate and qualification of executor.

(3) Probate of each codicil, not exceeding one page, $25


Where codicil requires an additional witness, $5(4) To rReopening probate proceedings for qualification of

executor or taking proof of extra witness, $25(5) Admitting oOne witness in a probate proceedings,

$0 Each additional witness,

$5(6) Recording and comparing, microfilming or photostating,

each additional page of will or codicil, $5(7) Filing, entering, issuing and recording, microfilming

or photostating, proceedings in commission for deposition of foreign witness to a will or codicil, $35

(8) Producing pPlain extra copy of a will, per page, $3 1

(9) Producing cCertified extra copy of a will, per first page, $5 10plus $5.00 for certificateion.Each additional page

$5(10) Producing Ccertified copy of a will with proofs for New Jersey

county, not exceeding two pages, including will and codicil, $50For pages in excess of two, perEach additional page,

$5 (11) Filing wWills filed but notwithout probatinged (as where there are

no assets), for first two pageseach page, $105 Each additional page, $5Cover letter stating no assets, $5 Death Certificate, $5

(12) Exemplifying a will for another state, not exceeding two pages, including will and codicil, plus cost of Ccertificate of Secretary of State when required, $75 85 Plus $9.00 fee for exemplified forms. Each additional page in excess of two,

$5(13) Recording, microfilming or photostating, docketing,

indexing, filing and reporting to the Division of Taxation in the Department of the Treasury an exemplified copy of will and probate proceedings from another state, per page, $5

(14) Recording, microfilming or photostating, docketing, indexing and filing a certified copy of will with proofs from New Jersey, per page, $5

(15) Recording, microfilming or photostating certified transcripts of wills admitted to probate and probate proceedingsor letters of administration and administration proceedings granted by the Superior Court, per page, $5


fd. Letters of Trusteeship:Acceptance of trustee and letters of trusteeship, including one certificate, $50

ge. Letters of Administration: (1) General administration, including preparation and execution of complaintof

application, bond, surety affidavits, necessary recording, microfilming or photostating, indexing, filing, reporting to the Division of Taxation, including power of attorney and death certificate, in the Department of the Treasury and the Clerk of the Superior Court and of original lettersoriginal letters including power of attorney, authorization to accept service of accept service of process, and death certificate,

$125 Other documents, per page $5

(2) Administration ad prosequendum, $50 Other documents, per page $5 (32) Exemplifying administration, $75(43) Certified copy of administration, $50(54) Affidavits of surviving spouse or next of kin where

the value of the real and personal assets of the estate does not exceed $20,000.00 or $10,000.00, respectively, 5% of estatef. Administration ad prosequendum $50$5 per

$100 or part thereofTotal cost shall not exceed $50 and this fee is waived where when the value of the estate assets of the estate does not exceed $200

hg. Letters of Guardianship for a minor including preparation of application, bond, surety affidavits, necessary recording, microfilming or photostating, indexing, filing, reporting to the Division of Taxation and the Clerk of the Superior Court of original letters including power or attorney, authorization to accept service of process and death certificate:

(1) Granting letters of guardianship, acceptance of guardianship and filing of power of attorney, $50

(2) Filing aAffidavits of estates of minors where value of real and personal estate does not exceed $5,000, per page, $5


(3) Filing mMiscellaneous petitions and orders, per page, $5

ih. Inventories: (1) For all services in Aappointingment of appraisers, for all services,

$25(2) Filing, entering and recording, microfilming or

or photostating, inventory and appraisement, not exceeding exceeding one page, and affidavits of appraisers and executor, $25Each additional page, $5

ji. Accounting: /see subsec. b. – same subheading, confusing? - KT/

(1) For Ffiling complaint and one page of accounting, $175

(2) For aAuditing, stating, reporting and recording,

microfilming or photostating, accounts of executors,

administrators, guardians, trustees and assignees, including

drawing judgment, but exclusive of advertising costs, in estates:

(A) Up to and including $2,000, no

add’l separate fee

(B) From $2,001 to and including $10,000, $100

(C) From $10,001 to and including $30,000, $125

(D) From $30,001 to and including $65,000, $150

(E) From $65,001 to and including $200,000, 3/10 of

10.3% but

not less than $300

(F) Exceeding $200,000 4/10 of

10.4% but

not less than $400

(3) For eEach additional page of accounting in excess of one, $5

In computing the amount of an estate for the purpose of to

fixing the fees of a surrogate for auditing and reporting the

account, the balance from the prior account shall be excluded.

(4) For pPreparing notice of settlement of accounts and


its copies of the same, forwarding notice to newspaper, with

directions as to publication, obtaining proofs of publication,

keeping a record of notices and newspapers to which they are

sent and of the moneys received to defray the cost of advertising,

and transmitting advertising charges to newspaper, $50

k. Miscellaneous Proceedings:Payment of proceeds of judgment in favor of a minor: Fees payable on each withdrawal of proceeds of a judgment in favor of a minor that is on deposit with the surrogate, including petitions and orders provided and prepared by the surrogate

(1) Proceedings relative to presumption of death,

filing, entering and recording, microfilming or photostating

(exclusive of letters), with additional fee for advertising, $175

(2) Sale of land to pay debts (exclusive of advertising), $175

(3) Sale of land in fulfillment of a contract made by decedent, $175

(4) Sale of lands within one year, $175

(5) Sale of minor's lands, $175

(6) Distribution, filing and entering complaint, recording,

microfilming or photostating, and filing judgment, $175

(7) Filing of the first paper in action in the Superior Court,

Chancery Division, Probate Part, $175

(8) Filing of answering pleadings or other answering

papers in the Superior Court, Chancery Division, Probate Part

(First paper filed by anyone other than the Plaintiff), $110

(9) Adoption of adults, filing and entering proceedings (all

papers) including one judgment, $175

(10) Adoption of minors, filing and entering proceedings

(all papers) including one judgment, $175

(11) Application for relief subsequent to the final judgment

in the Superior Court, Chancery Division, Probate Part, $25

(12) Proceedings for the appointment of a conservator,

with or without jury trial, $175

(13) Proceeding for the determination of incapacity and


for the appointment of a guardian for an alleged incapacitated

person, with or without jury trial, $200

(14) Proceedings in connection with payment into

court of the proceeds of a judgment in favor of a minor, in

lieu of bond, pursuant to 3B:15-16 and 3B:15-17 (in addition

to fees payable under Letters of Guardianship), the following

fees are payable upon each withdrawal of funds on deposit,

including petitions and orders provided and prepared by the

surrogate:

(A1) Up to and including $500, $220 10

(B2) From $501 to and including $1,000, $25 20(C3) From $1,001 to and including $5,000, $30(4D) From $5,001 to and including $10,000, $35 40(E5) From $10,001 to and including $25,000, $40 50(F6) From $25,001 to and including $50,000, $60(G7) In excess of $50,000, $100

/To include cents ($100.00) or not to include cents – which is better? Need consistency - KT/lkj. Miscellaneous Charges: /see subsec. d. – same subheading, rename? - KT/

(1) Issuing sShort certificates, $5(2) Validating a short certificate within one year of issue date, $3 5(3) Issuing Ssubpoenas, each, $25(4) Marking true copies, of subpoenas, each,

$3 5(5) Marking true copies, orders to show cause, each, $3(6) Marking true copies of other papers, each, $3(7) Authorization of process,

$5(8) Swearing each witness,

$2(9) Adjournment or continuance, $15(10) Issuing Mmiscellaneous orders of court, first page,

$5For each additional page, $5(119) Recording, microfilming or photostating all papers not

not herein otherwise provided for, each page $5

(120) For mMaking copies not otherwise provided for, each page $3 1


(131) Filing transcript of death certificate, $5(142) Filing the Ppower of attorney, per page $5

Plus $5.00 for certified mail.cost of postage.(153) Search fee, per estate $10(164) Proceedings relative to appointment of a guardian ad litem, $25(175) Renunciation by one person, filing, entering, and

and recording, or photostating, $5

Each additional person, $3 1(186) Caveat, filing or withdrawing,

$25(197) Combined refunding bond and release of not more than

ttwo pages, filing, entering, microfilming, and recording, or photostating, $10 Each additional page,. $5Additional charge for county clerk's certificate, $5

(2018) Release of not more than two pages of refunding bond and release,

$10 /how does it differ from (19)?/Each additional page, $5Additional charge for county clerk's certificate, $5

(21) Assignments of legacy or interest, per page $10 Plus, where county clerk's certificate is necessary, $5(2219) Filing all papers not herein otherwise provided for, $5

If microfilming process is used, per page, $5(230) Plain Photocopying of a two-page will, plain copy,

$6 5Each additional page, $3 1

(24) Filing of motions in the Superior Court, Chancery Division, Probate Part, $15(25) Filing the nNotice of appeal (trial court),

$10(26) Minimum charge for all other papers or services in pProceedings in the Superior Court, Chancery DivisionDivision, PProbate Part, minimum charge for all other papers or services,

$5(271) 3B:14-48 Service of Process by Surrogate, under 3B:14-48 $25(282) Duplicating or copying of microfiches, digital tapes, high

high density disks, optically scanned and recorded materials or any othermaterials, or for any other mmedia used to record or preserve records, per medium recorded $150


(293) Processing fee fora returned check, plus bank fee $20

(30) For sServices with respect to regarding an assignment for the benefit of creditors, for the use of the county in which the fees are collected, up to but not including any accounting; money shall be used in the

county in which the fees are collected $75

mlk. No fees herein allowed shall be charged against the recipient of any pension, bounty or allowance, for services of the surrogate and the Probate Part of the Chancery Division of the Superior Court in respect thereof, pursuant to 3B:13-9 to 3B:13-14.

/repeats b.(4) - KT/n. All other fees payable to the surrogate Surrogate as a deputy Deputy clerk

Clerk of the Superior Court, other than for adoption, and all costs to a party in any action, motion or proceeding in that the Probate pPart shall be the same as allowed for similar services in the Chancery Division of the Superior Court. All such fees shall be for the used of in the county in which they fees are collected.

l. Other papers or services: The minimum charge for all other papers or services by the surrogate, $5.

Source: 22A:2-30; 22A:2-35; 22A:2-36; 22A:2-15.

History for (a) - (d): L.1953, c.22, s.11; amended 1965,c.76,s.4; 1968,c.124,s.4; 1970,c.107,s.4; 1977,c.57,s.1; 1980,c.80,s.3; 1991,c.177,s.10.

History (e) - (n): L.1953, c.22, s.11; amended 1963, c.162; 1977, c.57, s.2; 1988, c.109, s.1; 2001, c.370, s.3; 2005, c.370, s.14.

COMMENTThis section remains substantially unchanged but subsection lettering and numbering has been

inserted for ease of reference.

Section 22A:2-15 has been included here as subsections (a) through (d). The phrase “for the use of the county” was stricken from (a) since it might no longer be accurate and also since, if it remains relevant, it applies to the Surrogate, but not to the Chancery Division, Probate Part. More work needs to be done on the language in this entire section.

In subsection (a), the fees were modified to make them equivalent to those paid in other Law or Chancery Division actions. If necessary, language should be included in the statute to make it clear that the fees are to remain the same as those fees in other Superior Court actions if there is an increase in those fees. Also, iIt should be determined if additional language is needed to make it clear that must be made clear that the language in this subsection includes the fees for proceedings: relative to presumption of death, (exclusive of letters), with additional fee for advertising; for sale of land to pay debts (exclusive of advertising) or fulfillment of a contract made by decedent, or sale of minor's lands; for distribution; adoption of an adult or a minor; proceedings for the appointment of a conservator, with or without jury trial; and for proceedings for the determination of incapacity and for the appointment of a guardian for an alleged incapacitated person, with or without jury trial.


In subsection (a)(1) the fees were modified in an effort to make them more rational. Comment from the Surrogates is necessary on this issue.

Subsection (a)(3) was clarified to reference a prior trust account since the language of the existing language was not clear.

Also in subsection (a) the reference to preparing notice of settlement of accounts and sending those notices to the newspaper was eliminated since it is no longer included in the Court Rules.

In subsection (b), references to the 1948 statute were removed as no longer necessary. The commission schedule will be reviewed after comments are received from the Surrogates to determine if it is appropriate or should be modified.

In subsection (b), the accounting fees from 22A:2-30 were merged in to this section and the higher fees from the two sections were used. They will be separated out again if necessary.

The original Section 22A:2-30 is subsections (e) through (mk). Subsection (ec)(12) was modified to increase the fee tfor exemplification to include the old fee of $75 plus the standard $ 9 exemplification charge – the total was rounded up to $85 from $84. The subsection pertaining to accounting was merged into the accounting language found in 22A:2-15 and the higher fees from the two sections were used.

References in subsection (c) to microfilming or photostatting should be changed to a technologically neutral term and the Surrogates will be asked for comments and suggestions on this issue.

Limited changes have been made to subsection (e) to this time to reflect informal comments received.

Changes were made to the fee schedule in subsection (i) and comments are needed from the Surrogates regarding this subsection.

Changes were made to subsection (j) in response to informal comments received regarding current practice and procedure. Subsection (j)(22) has been proposed for elimination on the basis that the fee seems out of line with the technologies listed. Comments will be sought from the Surrogates regarding this issue.

Section 22A:2-35 has been included here as (lk)(30) since there did not seem to be any reason why it should not be included with other similar fees.

Section 22A:2-36 has also been consolidated with this section as (nlk).

Modest changes to some of the fees have been made simply to make the charges multiples of $5. Photocopying has been made $1 per page throughout. The fees for marking true copies and swearing of witnesses have been stricken as no longer commonly used. Additional modifications to the language or to the fees may be appropriate, but further research is required. It is not yet clear, for example, why the filing fees for the first paper in the actions described in this section were not raised to $250 to make them consistent with the other modified filing fees in Superior Court.

It seems to make most sense to separate the fees paid to the surrogate from fees paid to the Clerk of the Court, but more research is needed to determine which fees fall in which category. In addition, someTo this time, only limited informal comments were received from Surrogates since the project has not yet been distributed to them. , but aAdditional information is needed to clarify the changes that they might wish to see are seeking sso that they can be includedreflected as appropriate.


Criminal

22A:3-4. Fees for criminal proceedings and penalty proceedings in all courts.

a. The costs recoverable in any proceeding in any court for the collection and enforcement of a penalty pursuant to the Penalty Enforcement Law (2A:58-1 et seq.) shall be the same as in actions in the court and shall be recoverable by the plaintiff in the event of a judgment for the plaintiff. The fees to the court and the court officers shall be as provided for criminal proceedings. of a criminal nature in section 22A:3-4 of this Title.

b. The fees provided in the following schedule, and no other charges whatsoever, shall be allowed for court costs in any criminal proceedings of a criminal nature in the municipal courts. but nNo charge shall be made for the services of any salaried police officer of the State, cCounty or mMunicipal pPolice.

(1) For violations of Title 39 of the Revised Statutes, or of traffic ordinances, at the discretion of the court, up to but not exceeding $33 35

(2) For all other cases, at the discretion of the court, up to but not exceeding $33 35

why are these separate provisions? (KT)

c. does this subsection apply to Traffic violations only? Shouldn’t we say so? (KT) In mMmunicipal cCcourt proceedings, the cCcourt shall impose court costs within the maximum limits authorized by this section, as follows:

(1) For every violation of any statute or ordinance $2 5The court shall not suspend the collection of this court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Fund, created pursuant to 2B:12-30.

(2) For each fine, penalty and forfeiture imposed and collected collected under the authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State, $0.50 1The court shall not suspend the collection of this court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the "Emergency Medical Technician Training Fund" established pursuant to 26:2K-54 et al. To which provisions does ‘et al.’ refer? (KT)

(3) For every violation of any statute or ordinance, to fund the

Statewide modernization of the Automated Traffic System $$3 5The court shall not suspend the collection of this court cost


assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Statewide Modernization Fund, established pursuant to 2B:12-30.1.d. The provisions of this act shall not prohibit the taxing of additional costs,

when authorized by 39:5-39, for:.(1) For cCertificate of judgment

$4 5(2) For cCertified copy of paper filed with the court as a

public record, first page $4 5Each additional page or part thereof $1

(3) For cCopy of paper filed with the court as a public record filed with the court,

each page $2 1e. In addition to any fine imposed, when a supplemental notice is sent for

failure to appear on a return date, the cost shall be $10 per notice, unless satisfactory evidence is presented to the court that the notice was not received.

f. Constables orf otherCourt officers: From the fees allowed for court costs in the foregoing schedule, the Ccourt cCclerk of the court shall ppay,

for the following fees: to constables or other officers: (1) Sserving a warrant or summon; s,

$1.50(2) Sserving a every subpoensubpoena; a,

$0.70(3) Sserving an every execution; ,

$1.50(4) Aadvertising pproperty under execution; the ,

$0.70(5) Ssale of property under execution; and the , $1(6) Sserving of a every commitment; $2. For the transport of a defendant, the

court officers shall be paid the actual cost of transport. , $1.50

(7) Transport of defendant, actual cost.

g. Mileage, fAn officer shall receive payment for mileage pursuant to the Mileage section of this Title for serving or executing any process or papers, transporting an offender to State prison, or serving any warrant or capias ad testificandum. Those mileage fee calculations include fees only for transportation within a single county. If an officer must travel in more than one county, when transporting a prisoner, for example, then the mileage fees listed for each county in which the officer must travel may be added together for a total mileage figure.


For every mile of travel in serving any warrant, summons, commitment, subpoena, or other process, the fee shall be $0.20. Mileage shall be computed by counting the number of miles in and out, by the most direct route from the place where such process is returnable, exclusive of the first mile., $0.20.

h. If defendant is found guilty of the charge laid against himany offense, he shall pay the court costs herein provided, but if, on appeal, the judgment is reversed, the costs shall be repaid reimbursed to defendant. If defendant is found not guilty of the charge laid against him, the costs shall be paid by the prosecutor, except when the Chief Administrator of the New Jersey Motor Vehicle Commission, a peace officer, or a police officer shall have beenwas the prosecutor.

i. Money received in accordance with this section by a municipal court or a court with jurisdiction in one municipality shall, unless otherwise provided by law, be accounted for by the court and paid to the municipal treasurer and to the officer (what officer - KT) respectively within 30 days from its receipt thereof.

Source: 22A:3-4; 2A:3-5.

History: L.1953, c.22, s.11; amended 1953, c.427, s.1; 1955, c.16, s.3; 1957, c.137, s.3; 1970, c.118; 1987, c.114; 1990, c.95, s.1; 1991, c.91, s.273; 1993, c.293, s.4; 2004, c.62, s.2.

History of (i): L.1953, c. 22, p. 424, s. 11.COMMENT

This section remains substantially unchanged but it is of concern to Staff that Ccourt costs in excess of $33 are routinely imposed in municipal courts throughout the State. Modest changes to some of the fees have been made simply to make the charges multiples of $5. More work needs to be done to this section.

Section 22A:3-5 has been consolidated with this section as subsection (i).

The reference to “constables” in (f) was removed on recommendation of a reviewer as archaic. In subsection (f), instead of having different fees ranging from $0.70 to $1.50, the services were consolidated and $2 listed as the fee for each.

The language in (g) is new and mirrors the modified language pertaining to mileage in civil matters.


County and Municipal Clerk Fees

22A:2-7c. Filing fFees payable to the County Clerk

a. County clerks and registers of deeds and mortgages shall charge the following fees for enumerated services:

a. Recording of documents pertaining to real property generally:

(1) For recording veteran's discharge papers No fee(1) (2) For recording any instrument:

(AA) First page $30

(BB) Each additional page or its part $10(CC) Each rider, insertion, addition, or any map, plat or

sketch filed or recorded pursuant to 48: 3-17.3, section 2(c) $10(2) Mortgages:

(A) Subordination, release, partial release or postponement of a lien to lien of mortgage $20

(B) Notation $5

(3)(3) For entering the marginal notation of an order, judgment, $10 statement or warrant discharging, annulling a notice of lis pendens and for filing such order, judgment or statement $10

(4) (4) For: (AA) fFiling a lis pendens foreclosure

$30(BB) Notation $10

(5)(5) For preparing and transmitting to the assessor, collector, or $10 other custodian of the assessment map of any taxing district, the abstract of an instrument evidencing title to realty $10

(6)(6) For entering the marginal notation of a discharge or release of f $10 a New Jersey building and loan or savings and loan mortgage

forwarding abstract $10(7)(76) For entering the marginal notation of a discharge, assignment,

$10 postponement or release of a mortgage, other than building and loan and

savings and loan mortgages $10(8)(8) For the cancellation of any mortgage $20(9)(9) For a marginal notation of the discharge of a mortgage in


$10 counties where mortgages are indexed under a system requiring a

duplication of indices and description $10(10) (10) For filing and recording notice of federal tax lien or other

$25 federal lien or certificate discharging such lien $25(11)(11) For filing a notice of settlement

$20(12)(12) For filing each map, plat, plan or chart (except when

presented by the State or its agencies or filed pursuant to subsection (c)

of 48:3-17.3(c)) $55(13)(13) For recording tax sale certificate, except by municipalities,

or a redemption or assignment of tax sale certificate, first page $30Each additional page or part thereof $10

(14) Certified copy of veteran's discharge No fee

(14) (15) For indexing any recorded instrument in excess of 5 parties, per each name in excess of 5 $6(16)(15) For recording tax sale certificate, lien, deed, or related

instrument by a municipality $8(17)(16) For recording vacations or dedications of roads, first page $30

Eeach additional page or part thereof. $10

(18)(17) For disclaimers $15

(18) (19) For reimbursement agreements No fee

(20)(20). For the county clerk attending, by deputy or in person, the daily sessions of the Law Division of the Superior Court

in that county, per day $3(19) Construction lien:

(A) Filing construction lien $15(B) Issuing notice of unpaid balance, discharge $15(C) Notation $5(D) Bond $25(E) Filing a court order to discharge notice of

intention and noting the discharge on the record $15(F) Filing, recording and indexing stop notice $4.50 5(G) Filing a certificate discharging a stop notice and

noting the discharge on the record $4.50 5


(H) Filing a court order discharging a stop notice and noting the discharge on the record $9 10(20) Physician or hospital liens:

(A) Filing each notice of physician's lien $15(B) Entering upon the record the discharge of a

physician's lien $15(C) Filing each hospital lien claim $15(D) Discharge of hospital lien $15

b. Miscellaneous charges: (1)

ab. Upon the filing, indexing, entering or recording of the following documents or papers in the oOffice of the cCounty cClerk or dDeputy cClerk of the Superior Court, such parties, filing or having the same recorded or indexed in the county clerk's office or with the deputy clerk of the Superior Court in the variousany countyies in this State in all civil or criminal causes, the party submitting the documents shall pay the following fees /in lieu of the fees heretofore provided for the filing, recording or entering of such documents or papers/ what does this language refer to? (KT)fees:

(1) Issuing county clerk's certificate, any instrument $5

(2) Comparing and making copies, per sheet. $2

(32) Copies of all papers, per, typing and comparing of photostat, per page

$2 1(43) Marking as a true copy, any instrument

$2 (54) Exemplification, any instrument

(P

Plus $1 per page of instrument) $10 5

(6c. Recording of documents not pertaining to real property, generally: (1) ) Recording or filing all instruments not herein stated $7.50 10(2) For recording veteran's discharge papers No fee(3) Certified copy of veteran's discharge No fee(4) Recording firefighter’s certificate No fee(5) Registering physician $25(76) Nonbusiness corporation, recording:

(A) Certificates of incorporation of churches, religious societies and congregations $25

(B) Amendments to certificates of incorporation of churches, religious societies and congregations, recording

$25


(87) Bank merger agreements, recording:(A) First sheetpage$25 50(B) Each additional sheetpage,

$5(C) Certificates, each

$5(98) Tradenames, firms, partnerships, filing:

(A) Certificate of name, filing (see 56:1-1 et seq.) $50

(B) Certificate of dissolution of tradename (see 56:1-6 et seq.) $25

(C) Partnership agreement (see 42:1-1 et seq.) $50(109) Building and loan or savings and loan associations:

(A) Change of name $25 50(B) Dissolution

$25(1110) Certificates for limited-dividend housing

associations, recording:

(A) First page $20 25(B) Each additional page

$5(1211) Certificates for urban renewal associations, recording:

(A) First page $20 2 2 5

(B) Each additional page $5(1312) Judgments:

(A) Recording judgments $15 35

(B) Filing, entering and recording judgment on bondand warrant by attorney $37.50 35 35(C13) Issuing Ccertificate for docketing Superior Court transcript $9 10(D14) Recording assignment of judgment

$15(E15) Issuing transcript of judgment $7.50 10(F16) Filing or entering on the record of discharge,

cancellation, release, or satisfaction of a judgment by judgment by satisfaction piece, execution returned satisfied or satisfied or otherwise

$15


(G17) For rRecording and indexing postponement of the lien of judgment. $20

(14) Construction lien:

(A) Filing construction lien $15(B) Issuing Nnotice of unpaid balance, discharge

$15(C) Notation $5(D) Bond $25(E) Filing a court order to discharge notice of intention and noting the discharge on the record record thereof $15(F) Filing, recording and indexing stop notice $4.50 5(G) Filing a certificate discharging a stop notice and noting the discharge on the record thereof $4.50 5(H) Filing a court order discharging a stop notice and noting the discharge on the record thereof $9 10(15) Building contract:(A) Filing building contract $25(B) Filing discharge of building contract $15(C) Notation $5(D) Filing building specifications. $25(E) Filing building plans $25(16) Physician or hospital liens:(A) Filing each notice of physician's lien $15(B) Entering upon the record the discharge of aphysician's lien $15(C) Filing each hospital lien claim $15(D) Discharge of hospital lien $15(178) Filing satisfaction or order for discharge of attachment $15(1819) Inheritance Tax Waiver:

(A) Recording collateral inheritance waiver or receipt $15(B) Recording inheritance tax waiver.

$15 (19) Mortgages:(A) Subordination, release, partial release or postponementpostponement of a lien to lien of mortgage $20(B) Notation $5(20d.) Commissions and oaths: (A1) Administering oaths to notaries public and

commissioners of deeds $15(B2) For iIssuing certificate of authority of notary to


take proof, acknowledgment of affidavit $5

(C3) For iIssuing each certificate of the commission and and qualification

of notary public for filing with other county clerks $15

(D4) For fFiling each certificate of the commission and and qualification

of notary public, in office of with the cCounty cClerk of county other than where such notary has qualified

$$15

(21) Miscellaneous:(A) Filing and recording proceedings for laying out, vacating or dedicating roads $25(B) Recording firemaen'sfighter’s certificates.

$0no charge(C) Registering physician $25(D) Issuing of nonalcoholic beverage identification

card to persons under twenty-one years of age $10

b. Except as otherwise provided herein for probate proceedings, in the Superior Court, the first copy of any order, judgment, pleading, or other paper shall be certified by the Clerk of the Supreme Court or the Clerk of the Superior Court, as the case may be, and supplied to the attorney or litigant, free of charge, where such copy is furnished to the clerk for certification. All such copies other than the first copy, supplied as aforesaid, shall be furnished upon the payment of $5 for the first five pages thereof, and $0.75 for each page in excess of five; provided, that a minimum charge of $5 shall be made for any such copy. $1 per page.

cc. In any cause or proceeding in which the papers filed with the Clerk of the Superior Court shall be exceptionally numerous or other work done by him shall be exceptionally onerous, he may make application to the court, on notice, for an order fixing and allowing a reasonable additional fee to be paid to him for the use of the State. The court , in each such case, may make such an order fixing and allowing such additional fee, if any, as shall be deemed just and reasonable under the circumstances and directing how and by whom the same fee shall be paid.

de. For searches of records, the County Clerk shall receive:

(1) for searches of all records except those enumerated in this subsection, for each name, each year, each book $0.04

(2) for a search of the records of assignments of mortgages, for each name, each year, each book $0.05

(3) For a search of mechanic's lien claims, for each name,


each book, each year $0.06 (4) For a search of the records of registered mortgages,

for each name, each year, each book $0.07 (5) For each search of the records of physician's lien claims

which shall include cost of search and certificate thereof $0.50 (6) For each search of the records of hospital lien claims

which shall include cost of search and certificate thereof $0.50 (7) For copies of abstracts of all deeds, mortgages, judgments

or other records included in a search certificate, for each folio $0.08(8) For drawing a certificate and seal for a search $0.20

Source: 22A:2-7; 22A:2-29; 22A:4-4.1; 22A:4-6; 22A:4-12.

History of (a) (1)-(19): 22A:4-4.1: L.1965, c. 123, § 2. Amended by L.1980, c. 58, § 3, eff. July 1, 1980; L.1981, c. 443, § 1, eff. Jan. 12, 1982; L.1985, c. 422, § 5, eff. Jan. 13, 1986; L.1997, c. 412, § 6, eff. Jan. 19, 1998; L.2001, c. 370, § 4, eff. Jan. 8, 2002; L.2003, c. 117, § 38, eff. July 1, 2003; L.2007, c. 144, § 1, eff. Aug. 21, 2007.

(a)(20), 22A:4-6: L.1953, c. 22, p. 431, § 11. Amended by L.1991, c. 91, § 274, eff. April 9, 1991.

History of (ab): L.1953, c.22,s.11; amended 1963, c.162; 1977, c.57, s.2; 1988, c.109, s.1; 2001, c.370, s.3; 2005, c.370, s.14

History of (b): L.1953, c.22, s.11; amended 1991, c. 177, s.11.

History of (cc): L.1953, c. 22, p. 395, s. 11.

History of (d): L.1953, c. 22, p. 437, § 11.

COMMENTThe fee language from 22A:4-4.1 and 22A:4-6 was consolidated, imported and inserted as (a).

The fee language from Section 22A:2-29 was imported and inserted as (ab).

The former section 22A:2-19 was consolidated here as subsection (b).

The former section 22A:2-18 was consolidated here as subsection (cc).

Parts of the former 22A:4-12 are included here as (d).

The charges in (de) may no longer be relevant and research will be completed to determine if they should remain in the statute.

Modest changes to some of the fees have been made simply to make the charges multiples of $5. Photocopying has been made $1 per page throughout. The fees for marking true copies have been stricken as no longer commonly used. Some fees in this section were modified to make them more consistent with other fees in this and other sections of the statute. The changes are generally minor. Additional modifications to the language or to the fees may be appropriate, but further research is required.

Some limited language has been removed from this section based on the informal comments received from the County Clerks. Additional comment is needed from them in this area. Language calling for a fee of $3 per day for the County Clerk to attend Court sessions was proposed for removal as no longer relevant. Reference to making copies and comparing them was removed, as was the fee of $2 associated with that task.


(ab)(15) has been tentatively removed since the County Clerks indicated that the filing of these items no longer occurs.

(ab)(21)(D) has been tentatively removed since County Clerks indicated that they do not issue these cards. I believe the MVC issues them but will confirm.

More work is needed on this section.

22A:2-7d. Filing fees payable to the municipal clerk

Municipal clerk’s shall charge the following fees associated with mechanic’s liens: a. Mechanic’s lien:

a. (1) Filing, indexing and recording mechanic's lien claim $9 10(2)b. Recording, filing and noting on the record the discharge, release

or satisfaction of a mechanic's lien claim $9 10

(3)c. Extension of lien claim $3 5(4)d. Filing statement in mechanic's lien proceeding $9 10(5)e. Filing, recording and indexing mechanic's notice of intention $4.50 5(6)f. Filing a certificate discharging a mechanic's notice of intention

and noting the discharge on the record thereof $4.50 5

(7)g. Filing certificate from court of commencement of suit $4.50 5(8)h. Filing a court order amending a mechanic's

notice of intention $9 10

Source: 22A:2-29. History of (a): L.1953, c.22,s.11; amended 1963, c.162; 1977, c.57, s.2; 1988,

c.109, s.1; 2001, c.370, s.3; 2005, c.370, s.14COMMENT

Part of the The fee language from Section 22A:2-29 was imported and inserted as (a)and included here since the County Clerks advised that they no longer record these documents.


Time of collection of fees

22A:4-19. Collection of fees in advance; deposits; accounts

a. Surrogates, registers of deeds and mortgages, county clerks, clerks of courts, sheriffs and the Secretary of State, for their own protection, may exact in advance of a service the fees and costs therefor.

b. For convenience, such officers may receive reasonable deposits in advance to meet the fees and costs of persons who may desire such services, except that sheriffs and the Clerk of the Superior Court shall be required so to do. Such officers shall account to depositors at least once in 4 months for the sums deposited, except that the Clerk of the Supreme Court, the Clerk of the Superior Court, sheriffs, and the Secretary of State shall so account at least annually.

c. The Secretary of State shall provide for the establishment of accounts for persons making application therefor, under such terms and conditions as may be fixed by the Secretary of State.

d. Whenever any surrogate, register of deeds and mortgages, county clerk or sheriff shall be requested by the State or any of its agencies to file any paper, enter and docket any writ, order or judgment, record any paper, make a copy or search or perform any other service in their respective offices for which costs, fees or compensation is allowed, such surrogate, register of deeds and mortgages, county clerk or sheriff shall forthwith file or record such paper or perform the service requested without exacting payment in advance of the lawful fees incident to such filing, recording or service, but such officer shall render to the State, or the agency thereof making such request, a monthly statement of all such fees due and payable to him. No surrogate, register of deeds and mortgages, county clerk or sheriff shall become personally liable to his county for the payment of such fees and costs until the same shall have been actually paid to him.

e. The Secretary of State is authorized to establish reasonable fees for the specialized research, reference, and reproduction services provided by the State Archives, Division of Archives and Records Management in the Department of State, involving permanent historical documents in any format or medium. Such fees shall be established pursuant to the provisions of the Administrative Procedure Act, and shall reflect the actual costs of the services, including labor and overhead. All fees collected by the State Archives for such services shall be paid into the existing nonlapsing "Archives User Fees Account" administered by the Division of Archives and Records Management.

COMMENTHistory: Sections a-c, 22A:4-19: L.1953, c. 22, p. 441, § 11. Amended by L.1968, c. 297, § 1, eff.

July 1, 1968; L.1978, c. 146, § 1, eff. May 1, 1979; L.1991, c. 91, § 277, eff. April 9, 1991.Section d, 22A:4-20: L.1953, c. 22, p. 442, § 11.Section e, 22A:4-21: L.2003, c. 117, § 40, eff. July 1, 2003.

This section consolidates three former sections; all remain substantially unchanged, and no change of the substance is contemplated. Subsection lettering was added for ease of reference.


General Revenue

22A:2-51. Increased fees under P.L.1996, c.52, use; fund

in this section, what does ‘et al.’ refer to? (KT)

a. An amount equal to 95% percent of the increase in fees collected pursuant to the provisions of 22A:2-51 et al. shall be annually appropriated to the Department of Community Affairs for the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and to the Judiciary to fund 10 Superior Court judgeships, to supplement other funds appropriated from any other sources in a fiscal year for these purposes. An appropriation pursuant to this section shall not be used to replace appropriations from any other sources for these purposes.

b. An amount equal to 5% of the increase in fees collected pursuant to the provisions of 22A:2-51 et al. shall be annually appropriated to the Department of State, Higher Educational Services, to be allocated equally among Rutgers-Newark Law School, Rutgers-Camden Law School and Seton Hall Law School for clinical programs which provide free legal representation to the poor, to supplement other funds appropriated from any other sources in a fiscal year for these purposes. An appropriation pursuant to this section shall not be used to replace appropriations from any other sources for these purposes.

c. There is created in the Department of the Treasury aA non-lapsing, revolving fund is created in the State Department of the Treasury, into which the Treasurer shall deposit annually an amount equal to the revenue derived from the increase in the fees collected pursuant to 22A:2-51 et al. Interest and other income earned on moneys deposited into this fund shall be credited to the fund. Moneys in the fund shall be appropriated and distributed annually exclusively for the purposes set forth in subsections a. and b. of this section. The State Treasurer shall have performed an audit of this fund biennially following the effective date of 22A:2-51 and the results of the audit shall be included in the report required pursuant to subsection d. of this section.

d. The State Treasurer shall submit an annual report to the Legislature on the use of the fees collected pursuant to 22A:2-51 et al. and deposited into the fund created pursuant to subsection c. of this section. The report shall be submitted to the President of the Senate and Speaker of the General Assembly, and the Senate Budget and Appropriations Committee, Assembly Appropriations Committee, Senate Judiciary Committee, and Assembly Judiciary Committee, or their successors.

L.1996, c.52, s.6.

COMMENT

This section remains substantially unchanged, and no change of the substance is contemplated.

22A:2-51.1. Dedicated check off fee revenues for upgrading and modernizing services, capital plan.


With regard to all increased check off fee charges, the revenues from which are dedicated to upgrading and modernizing the services provided by the offices of constitutional officers, pursuant to the provisions of 22A:4-8.1 et al. or any other provision of law:

a. Each constitutional officer shall prepare and submit to the board of chosen freeholders, for its approval, a five-year capital plan setting forth the capital purposes to which the check off fee revenues are to be applied., which These purposes shall include improving recording and election related recordssystem when applicable;

b. Any dispute concerning the use of the check off fee revenues shall be submitted to and resolved by the assignment judge of the county, who shall be the final arbiter of such disputes;

c. Check off fee revenues shall not be used for budgetary reduction by the county and the Director of the Division of Local Government Services in the Department of Community Affairs shall require the amendment of any county budget that is not in compliance with the requirements of this subsection;

d. Interest earned on check off fee revenues held in a dedicated or trust account shall accrue to that account and shall be used only for the purposes of check off fee revenues.

L.2001, c.370, s.13.

COMMENT


Fees of Certain State and County Officers

22A:4-1a. Fees of State Treasurer

a. The State Treasurer shall collect fees for the enumerated services as follows:

a. (1) FFiling any original business certificate for which no other fee is fixed by statute or regulation, $125.

b. (2) Filing any change or amendment to a previously filed document for which no other fee is fixed by statute or regulation, $75.

c. (3) IIssuing any certificate or filing any other document for which no other fee is fixed by statute or regulation, $25.00. This subsection shall not apply to:

(1) (aA) cCertificates of appointments for gubernatorial appointees;

(2) (bB) dDocuments filed by public bodies under the "Open Public Meetings Act," P.L.1975, c. 231 (C.10:4-6 et seq.);

(3) (cC) fFinancial disclosures filed by State officials;

(4) (dD) oOaths of office;


(5) (eE) rResignation of office holders;

(fF)(6) dDocuments filed by other State government entities indexed in the department's miscellaneous file.

bd. Certification or exemplification of any document on file, $25.00.

ce. Certification or exemplification of any signature on file, including the issuance of a certificate for proving a document outside the United States, also known as an apostille, $25.00; except that in cases of adoption of a child, the fee for an apostille shall be $5.00.

df. Filing a certified copy of an order of change of name, $50.00.

eg. Paper copy of any document on file, $1.00 per page. If a roll of microfilm images is requested, the State Treasurer shall collect a fee of $1.00 for each image on the microfilm roll. If a microfiche copy of a microfiche is requested, $3.00.

h.f. Filing a proof of publication, $10.00.

History: L.1987, c. 435, § 11, eff. April 14, 1988. Amended by L.2000, c. 133, § 1, eff. Oct. 13, 2000; L.2002, c. 34, § 34, eff. July 1, 2002.Source: 22A:4-1.

COMMENTHistory: L.1987, c. 435, § 11, eff. April 14, 1988. Amended by L.2000, c. 133, § 1, eff. Oct. 13,

2000; L.2002, c. 34, § 34, eff. July 1, 2002.

This section remains substantially unchanged, and no change of the substance is contemplated. Subsection (a). was renumbered for ease of referenceing purposes. 22A:4-2 was removed as no longer relevant.

22A:4-2. Fees of the surveyors general

The surveyors general of the western and eastern divisions of this State shall receive no more than the following fees for the enumerated services:

(1) For each certificate under seal, fifty cents ($0.50).

(2) For every search for any record or paper, twelve and one-half cents ($0.12 1/2).

(3) For copies of any record or other writing, per folio, twelve and one-half cents ($0.12 1/2).

History: L.1953, c. 22, p. 427, § 11.

COMMENTHistory: L.1953, c. 22, p. 427, § 11.

This section remains substantially unchanged. The section remains unchanged for more than 50 yrs. It’s time to either upgrade the fees or to remove the section as no longer relevant. is proposed for elimination as it is not clear if it remains relevant. If it is necessary to maintain this section as a part of the statute, it appears that the fees should be updated. Comment on this section is being sought to determine the appropriate course of action.

22A:4-3. Commissioner of Banking and Insurance


a. The Commissioner of Banking and Insurance shall be paid service fees as follows, Ffor accepting service of process as the attorney for:

(1) a foreign insurance company or association the Commissioner of Banking and Insurance shall be paid a service fee o, f two dollars ($2 5 .00).

(2) b. For accepting service of process as the attorney for a banking, saving, trust, guaranty, safe deposit, indemnity, mortgage, investment, or building and loan corporation or association organized under the laws of any other State or of any foreign government, there shall be paid a service fee of two dollars ($2 5 .00).

(3) c. For accepting service of process as the attorney for a foreign fraternal beneficiary association, the Commissioner of Banking and Insurance shall be paid a service fee of three dollars ($3 5 .00).

(4) d. For accepting service of process as the attorney for any person, co-partnership, association or corporation engaged in the business of making small loans, the Commissioner of Banking and Insurance shall be paid a service fee of five dollars ($5 5 .00).

(5) e. For accepting service of process as the attorney for a foreign building and loan association, the Commissioner of Banking and Insurance shall be paid a service fee of five dollars ($5.00).

fb. The plaintiff in the an action shall be entitled to recover the amount of the service fee as part of the taxable costs if he the plaintiff prevails in the action.

Source: 22A:4-3. COMMENT

History: L.1953, c. 22, p. 428, § 11.

This section remains substantially unchangedunchanged in substance but has been streamlined. Subsection lettering and numbering was added for ease of reference. If this section is still relevant, then . The subsections were numbered for referencing purposes. This section remains unchanged for more than 50 years, so the fee amounts are obsolete. Should we step them up or leave as is? it may be appropriate to update the fees.


Time of collection of fees



b. For convenience, the officers listed above may receive reasonable deposits in advance to meet the fees and costs of persons who may desire such services, except that sheriffs and the Clerk of the Superior Court shall be required so to do. Such officers shall account to depositors at least once in 4 months for the sums deposited, except that the Clerk of the Supreme Court, the Clerk of the Superior Court, sheriffs, and the Secretary of State shall so account at least annually.


d. Whenever any surrogate, register of deeds and mortgages, county clerk or sheriff shall be requested by the State or any of its agencies to file, enter and docket, record, make a copy, search or perform any other service in their respective offices for which costs, fees or compensation is allowed, such officer shall perform the service requested without exacting payment in advance of the lawful fees but such officer shall render to the State, or the agency thereof making such request, a monthly statement of all such fees due and payable. No officer shall become personally liable to his or her county for the payment of such fees and costs until they shall have been actually paid to the officer.


Source: 22A:4-19; 22A:4-20; 22A:4-21. COMMENT

This section consolidates three former sections; all remain substantially unchanged, and no change of the substance is contemplated. Subsection lettering was added for ease of reference.


Responsibility for Fees Collected

22A:4-4.1. Fees of county clerks and registers of deeds and mortgages

a. County clerks and registers of deeds and mortgages shall charge the following fees for enumerated services:

(1) For recording veteran's discharge papers No fee(2) For recording any instrument:(A) First page $30.00(B) Each additional page or its part $10.00(C) Each rider, insertion, addition, or any map, plat or sketch $10.00 filed or recorded pursuant to P.L.1957, c.130 (C.48: 3-17.3), section 2(c) (3) For entering the marginal notation of an order, judgment, $10.00 statement or warrant discharging, annulling a notice of lis pendens and for filing such order, judgment or statement(4) For (A) filing a lis pendens foreclosure $30.00(B) Notation $10.00(5) For preparing and transmitting to the assessor, collector, or $10.00 other custodian of the assessment map of any taxing district, the abstract of an instrument evidencing title to realty(6) For entering the marginal notation of a discharge or release of $10.00 a New Jersey building and loan or savings and loan mortgage forwarding abstract(7) For entering the marginal notation of a discharge, assignment, $10.00 postponement or release of a mortgage, other than building and loan and savings and loan mortgages(8) For the cancellation of any mortgage $20.00(9) For a marginal notation of the discharge of a mortgage in $10.00 counties where mortgages are indexed under a system requiring a duplication of indices and description(10) For filing and recording notice of federal tax lien or other $25.00 federal lien or certificate discharging such lien(11) For filing a notice of settlement $20.00(12) For filing each map, plat, plan or chart (except when presented $55.00 by the State or its agencies or filed pursuant to subsection (c) of section 2 of P.L.1957, c. 130 (C.48:3-17.3))(13) (A) For recording tax sale certificate, except by municipalities, $30.00 or a redemption or assignment of tax sale certificate, first page(B) Each additional page or part thereof $10.00(14) Certified copy of veteran's discharge No fee(15) For indexing any recorded instrument in excess of 5 parties, $ 6.00 per each name in excess of 5(16) For recording tax sale certificate, lien, deed, or related $ 8.00 instrument by a municipality


(17) (A) For recording vacations or dedications of roads, first page $30.00 (B) each additional page or part thereof. $10.00(18) For disclaimers $15.00(19) For reimbursement agreements No fee(20) For the county clerk attending, by deputy or in person, the daily sessions of the Law Division of the Superior Court in that county, per day $3.00

COMMENTHistory: subsections a.(1)-(19), 22A:4-4.1: L.1965, c. 123, § 2. Amended by L.1980, c. 58, § 3, eff. July 1, 1980; L.1981, c. 443, § 1, eff. Jan. 12, 1982; L.1985, c. 422, § 5, eff. Jan. 13, 1986; L.1997, c. 412, § 6, eff. Jan. 19, 1998; L.2001, c. 370, § 4, eff. Jan. 8, 2002; L.2003, c. 117, § 38, eff. July 1, 2003; L.2007, c. 144, § 1, eff. Aug. 21, 2007.Subsection a.(20), 22A:4-6: L.1953, c. 22, p. 431, § 11. Amended by L.1991, c. 91, § 274, eff. April 9, 1991.This section consolidates two original sections. Both remain substantially unchanged, and no change of the substance is contemplated. Numbering was added for referencing purposes.22A:4-4.2. New Jersey Public Records Preservation Accounta. The "New Jersey Public Records Preservation Account," a dedicated account

within the Department of the Treasury, is established. Notwithstanding any other provision of law to the contrary, monies received by a county clerk attributable solely to the amount of increases to the fees imposed pursuant to section 2 of P.L.1965, c. 123 (C.22A:4-4) shall be paid by the county clerk to the Treasurer for deposit in the New Jersey Public Records Preservation Account, two dollars of which shall be allocated for grants to counties and municipalities for the management, storage and preservation of public records and three dollars of which shall be allocated to the Division of Archives and Records Management within the Department of State for the management, storage and preservation of public records.

b. The State Division of Archives and Records, in consultation with the State Records Committee, may, pursuant to the provisions of the Administrative Procedures Act, make, adopt, amend, or repeal such rules and regulations as the Division finds necessary to carry out the provisions of this section.

COMMENTHistory: L.2003, c. 117, § 39, eff. July 1, 2003.

This section remains substantially unchanged, and no change of the substance is contemplated. 22A:4-4 was repealed in 1965 and replaced by 22A:4-4.1. Should we change highlighted reference?

22A:4-8. Fees and mileage of sheriffs and other officers

a. Sheriffs and other officers shall receive the following fees for the enumerated services, in addition to the mileage allowed by law:

(1) For serving every summons and complaint, attachment, or any mesne process issuing out of the Superior Court:


(A) For the first defendant or party on whom the process is served, including in matrimonial actions $22.00

(B) For the second defendant $20.00(C) Any other defendant or defendants, per person $16.00(D) Spouses both named in the process shall be considered as one defendant,

except where they are living separately.(2) Serving capias ad respondendum, capias ad satisfaciendum, warrant

of commitment, writ of ne exeat $48.00(3) Serving order to summon juries and return $8.00(4) Serving every execution against goods or lands and making

an inventory and return $48.00(5) For returning every writ $2.00(6) Executing every writ of possession and return $48.00(7) Executing every writ of attachment, sequestration or replevin

issuing out of any of the courts $48.00(8) For serving each out-of-State paper:

(A) for the first defendant on whom such paper is served $25.00(B) for the second defendant $20.00(C) for any other defendant or defendants $16.00(D) Spouses both named in the paper shall be considered as one defendant,

except where they are living separately.

b. (1) For serving or executing any process or papers where mileage is allowed by law, the officer shall receive payment for mileage actually traveled to and from the courthouse, $0.16 per mile.

(2) For transporting each offender to the State Prison, to be certified by the keeper of the prison and the certificate to be delivered to the county treasurer of the county where the conviction was obtained, $0.23 per mile, but not less than $3.00 for each offender.

c. The sheriff shall be entitled to retain 5% out of the total amount of fees collected on a forfeited recognizance, whether before or after execution, or from amercements, or from fines and costs on conviction, on indictment or otherwise, whether these fees are payable to the State or to the County treasurer.

EXECUTION SALES

d. The sheriff shall be entitled to the following fees on execution sales:

(1) the minimum fee for an execution sale $50.00(A) on all sums not exceeding $5,000.00 6%(B) on all sums exceeding $5,000.00 4% on the excess

(2) Making statement of execution, sales and execution fees $10.00(3) Advertising the property for sale, provided the sheriff or deputy sheriff

attend to the advertisement $20.00(4) Posting property for sale $20.00(5) For the crier of the vendue, when the sheriff proceeds to sell, per day

the crier shall be actually employed in such sale $5.00


(6) Every adjournment of a sale, but no more than one adjournment per sale is allowed, and if the sheriff shall have several executions against a defendant, the fees for advertising, attending and adjourning will only be allowed once $28.00

(7) Drawing and making a deed to a purchaser of real property $75.00(8) Drawing and making a bill of sale to the purchaser of personal

property, when required or demanded $20.00(9) On an execution against wages, commissions and salaries, the sheriff shall

charge the same percentage fees on all sums collected as the percentage fees applicable in cases of execution sales.

(10) When the execution is settled without actual sale and such settlement is made manifest to the officer, the officer shall receive 1/2 of the amount allowed in case of actual sale.

e. When more than one execution shall be issued out of the Superior Court upon any judgment, each sheriff to whom such execution shall be directed and delivered, shall be entitled to collect and receive from the defendant named in such execution the fees allowed by law for making a levy and return and statement thereon, or for such other services as may be actually performed by him, and the sheriff who shall collect the amount named in said execution or any part thereof, shall be entitled to the legal percentage upon whatever amount may be so collected by him, but in case any such judgment shall be settled between the parties and the amount due thereon shall not be collected by either sheriff, then the percentage on the amount collected which would be due the sheriff thereon in case only one execution had been issued shall be equally divided among the several sheriffs in whose hands an execution in the same cause may have been placed.

f. (1) The sheriff shall file his taxed bill of costs with the clerk of the court that issued execution, within such time as the court shall direct, or forfeit all fees.

(2) If any sheriff shall charge for services not performed, or not allowed by law, or shall take greater fees than is allowed by law, the sheriff shall be liable for the damages sustained by the aggrieved party, including a penalty of $30.00, which shall be recovered in a summary proceeding.

g. Whenever any duly authorized ethics committee of a County or State Bar Association which has been recognized as such by the Supreme Court shall require the service of a process of subpoena issued pursuant to section 22A:2-4 of this Title, no fee shall be required for making such service.

h. Sheriffs, undersheriffs, deputy sheriffs, constables, court attendants, and other officers authorized by law to perform any of the services in this subsection shall receive the following fees:

(1) Serving notice on a defaulting juror, to be paid by the juror $1.00(2) For making return when served with a writ of habeas corpus $2.00(3) For producing a prisoner held in custody on capias ad respondendum,

before a court taking bail $2.00(4) For taking a bond and inventory pursuant to law, concerning

insolvent debtors, to be paid by the defendant $0.50


(5) For all services of the sheriff or other officer pursuant to a claim of exemption on execution or other civil process for seizure of property, including $1.00 to be paid by the sheriff to each of three appraisers appointed $5.00

i. (1) Sheriffs, constables and other authorized officers shall receive mileage for every mile actually traveled in serving and executing any bench warrant, State warrant, capias ad testificandum, or other compulsory process issued by any Court of this State. The mileage shall be computed from the court issuing such process, at $0.10 per mile.

(2) For transporting a prisoner taken on such process, $0.10 per mile.COMMENT

History: Sections a-f, 22A:4-8: L.1953, c. 22, p. 432, § 11. Amended by L.1964, c. 210, § 1; L.1968, c. 187, § 1, eff. July 19, 1968; L.1971, c. 2, § 11, eff. Jan. 15, 1971; L.1979, c. 190, § 1, eff. Sept. 12, 1979; L.1991, c. 91, § 275, eff. April 9, 1991; L.2001, c. 370, § 5, eff. Jan. 8, 2002.Section g, 22A:4-9: L.1953, c. 22, p. 436, § 11.Section h, 22A:4-10: L.1953, c. 22, p. 436, § 11. Amended by L.1971, c. 2, § 12, eff. Jan. 15, 1971.Section i, 22A:4-11: L.1953, c. 22, p. 437, § 11. Amended by L.1964, c. 210, § 2.

This section remains substantially unchanged. Subsections were numbered for referencing purposes. Subsection e clearly requires editing but I am not sure how to proceed. Subsection f was split into 2 subsections. Subsections g, h, i remain unchanged for at least 35 yrs – do we even need them? Mileage rate in subs. i is out of sync with the rate in subs. b. Maybe should further consolidate mileage provisions of b and i?

22A:4-8.1. County treasurer responsible for certain fees received by or deposited with the county sheriff

a. The county treasurer shall be responsible for all fees received by or deposited with the county sheriff pursuant to N.J.S.22A:4-8. The county sheriff shall account to the county treasurer for all these fees.

b. The county treasurer shall deposit into a trust fund dedicated to the sheriff's office $2.00 of each fee over the amount of $3.00 received for a service enumerated in N.J.S.22A:4-8. Such sums shall be deposited within 10 days of receipt by the county treasurer. Monies in the trust fund shall be used to upgrade and modernize the services provided by their offices. As used in this section, "to upgrade and modernize the services" shall not include the costs associated with employing personnel and shall not include offset of existing salary or new positions. The monies in the trust fund shall not be used for budgetary reduction by the counties.

c. Notwithstanding any provision of law to the contrary, monies received by a county sheriff attributable solely to the amount of fee increases for services enumerated in N.J.S.22A:4-8 pursuant to the amendments set forth in section 5 of P.L.2001, c.370, that exceed in any year the amount by which the annual minimum salary of the sheriff, fixed pursuant to N.J.S.40A:9-104, exceeds the amount of the county sheriff's salary in effect on November 1, 2000, shall be used for budgetary reduction by the county and shall be reflected as a county tax levy reduction.

COMMENT


History: L.2001, c. 370, § 6, eff. Jan. 8, 2002.This section remains unchanged, and no change of the substance is contemplated. Maybe the

language needs to be simplified, not sure.

22A:4-12. Searches, acknowledgments, proof, affidavits and oaths

a. Fees for the enumerated services shall be as follows:

(1) In Superior Court

(A) The clerk shall receive for a search for judgments and all other records which may become a lien upon real estate, for each name, each year, each book $0.06

(B) For stating a judgment $0.05(C) For every other search, for each name, each year, each book $0.02(D) For drawing certificate and seal $0.12(E) For copies or abstracts of judgments or other records included in such

certificate, for each folio $0.08(F) Minimal fee for a search and certificate $0.25

(2) County Clerks and Registers of Deeds and Mortgages

(A) County clerks and registers of deeds and mortgages shall receive for a search of all records except those enumerated in this subsection, for each name, each year, each book $0.04

(B) For a search of the records of assignments of mortgages, for each name, each year, each book $0.05

(C) For a search of mechanic's lien claims, for each name, each book, each year $0.06

(D) For a search of the records of registered mortgages, for each name, each year, each book $0.07

(E) For each search of the records of physician's lien claims which shall include cost of search and certificate thereof $0.50

(F) For each search of the records of hospital lien claims which shall include cost of search and certificate thereof $0.50

(G) For copies of abstracts of all deeds, mortgages, judgments or other records included in a search certificate, for each folio $0.08

(H) For drawing a certificate and seal for a search $0.20

b. For a service specified in this subsection, foreign commissioners of deeds, notaries public, judges, and other officers authorized by law to perform such service shall receive a fee as follows:

(1) For administering an oath or taking an affidavit $2.50(2) For taking proof of a deed $2.50(3) For taking all acknowledgments $2.50(4) For administering oaths, taking affidavits, taking proofs of a deed,

and taking acknowledgments of the grantors in the transfer of real estate, regardless of the number of such services performed in a single transaction to transfer real estate $15.00


(5) For administering oaths, taking affidavits and taking acknowledgments of the mortgagors in the financing of real estate, regardless of the number of such services performed in a single transaction to finance real estate $25.00

COMMENTHistory: Section a, 22A:4-12: L.1953, c. 22, p. 437, § 11.

Section x, 22A:4-14: L.1953, c. 22, p. 439, § 11. Amended by L.1964, c. 205, § 1; L.2002, c. 34, § 48, eff. July 1, 2002.

This section remains substantially unchanged, and no change of the substance is contemplated. Subsection a. had not been amended since 1953, fees are infinitely small. Subsection b. was amended recently.

22A:4-15. Accounting for fees by Clerk of Supreme Court and Clerk of Superior Court

a. Except as otherwise provided by statute, fees, costs, allowances, percentages and other perquisites which the Clerk of the Supreme Court, the Clerk of the Superior Court, and their office assistants are allowed by law to charge and receive for official acts or services they may render, shall be for the sole use of the State as public money, to be regularly accounted for and paid over as hereinafter set forth.

b. The Clerk of the Supreme Court and the Clerk of the Superior Court shall on the tenth day of each month, render a full and itemized statement of account and return to the Director of the Division of Budget and Accounting of all such sums received by them or their assistants and of all sums which may have been charged or taxed, or which may have accrued or become payable for services during the month preceding the making of such statement. The statement of account shall be made under oath in such form as the Director shall specify, and shall be filed in his office to be audited by him and kept as a public record.

c. All such fees, costs, allowances, percentages and other perquisites shall be paid to the State Treasurer on or before the tenth day of each month, and whether collected or not, such officers shall be personally liable for the payment.

d. The penalty for each day's neglect of any such officer in rendering his account or in paying over such money to the State Treasurer shall be $100.00, to be recovered in the name of the State in a civil action in the Superior Court, in the proceeding in lieu of prerogative writ against the clerks.


History: L.1953, c. 22, p. 439, § 11. Amended by L.1968, c. 124, § 5, eff. July 1, 1968.

This section remains substantially unchanged, and no change of the substance is contemplated. Subsections were numbered for referencing purposesease of reference. May need some cleaning and/or further consolidation with 22A:4-16, 4-17.


22A:4-16. Collection of fees for services of State judicial officers

a. All fees allowed by law for the services of the Supreme Court, Superior Court, and any justice or judge thereof, whether such services be performed in open court or in chambers, shall be taxed, collected and accounted for by the clerks of the respective courts in the same manner as fees allowed to such clerks.

b. Fees for an order made, writ allowed, motion granted or other service rendered at chambers by a justice of the Supreme Court or by a judge of the Superior Court, shall be paid to, demanded and received by the clerk of the court to which the same may appertain, at the time of the filing or entering of the order, writ, motion or other service in the minutes of the court or docket of the clerk thereof.

COMMENTHistory: L.1953, c. 22, p. 440, § 11.

This section remains substantially unchanged, and no change of the substance is contemplated. Subsections were numbered for ease of reference.

This section remains substantially unchanged, and no change of the substance is contemplated. Subsections were numbered for referencing purposes. Needs some cleaning.

22A:4-17. Disposition of fees of county officers

a. All fees, costs, allowances, percentages and other perquisites of whatever kind which surrogates, county clerks in their several capacities, registers of deeds and mortgages, and sheriffs or persons employed in their offices are entitled to charge and receive for any official acts or services they may render shall be for the sole use of the county and shall be accounted for regularly to the county treasurer; however, such monies shall be utilized to increase the salaries of surrogates, county clerks, registers of deeds and mortgages and sheriffs, except as provided in section 6 of P.L.2001, c. 370 (C.22A:4- 8.1), section 7 of P.L.1985, c. 422 (C.22A:4-17.1) and section 4 of P.L.1988, c. 109 (C.222A: 4-17.2).

b. Such accounting shall be made on or before the fifteenth day of each month on form blanks supplied by the county treasurer. The statement of account shall clearly set forth all sums charged or taxed or which shall have accrued or become payable during the preceding month. Such statements shall be made under oath and filed in the office of the county treasurer as public records.

c. Such statements when received by the county treasurer shall be forthwith audited by the county auditor or other proper officer.

d. On or before the twentieth day of each month surrogates, county clerks, registers of deeds and mortgages, and sheriffs shall pay over the amount of such fees and moneys to the county treasurer and such officers shall be personally liable to the county for such fees and moneys.

e. The penalty for each day's neglect to file the required statement of account or to pay over such moneys shall be one hundred dollars ($100.00) to be recovered in the name of the board of chosen freeholders of the county in a civil action in the Superior Court, and said officers may also be proceeded against by proceeding in lieu of prerogative writ.



History: L.1953, c. 22, p. 440, § 11. Amended by L.1991, c. 91, § 276, eff. April 9, 1991; L.2001, c. 370, § 7, eff. Jan. 8, 2002.

This section remains substantially unchanged, and no change of the substance is contemplated. Subsections were numbered for ease of reference.

This section remains substantially unchanged, and no change of the substance is contemplated. Subsections were numbered for referencing purposes. Needs some cleaning.

22A:4-8.1. County treasurer responsible for certain fees received by or deposited with the county sheriff

a. The county treasurer shall be responsible for all fees received by or deposited with the county sheriff pursuant to 22A:4-8. The county sheriff shall account to the county treasurer for all these fees.

b. The county treasurer shall deposit into a trust fund dedicated to the sheriff's office $2 of each fee over the amount of $3 received for a service enumerated in 22A:4-8. Such sums shall be deposited within 10 days of receipt by the county treasurer. Monies in the trust fund shall be used to upgrade and modernize the services provided by their offices. As used in this section, "to upgrade and modernize the services" shall not include the costs associated with employing personnel and shall not include offset of existing salary or new positions. The monies in the trust fund shall not be used for budgetary reduction by the counties.

c. Notwithstanding any provision of law to the contrary, monies received by a county sheriff attributable solely to the amount of fee increases for services enumerated in 22A:4-8 pursuant to the amendments set forth in section 5 of P.L.2001, c.370, that exceed in any year the amount by which the annual minimum salary of the sheriff, fixed pursuant to 40A:9-104, exceeds the amount of the county sheriff's salary in effect on November 1, 2000, shall be used for budgetary reduction by the county and shall be reflected as a county tax levy reduction.

History: L.2001, c. 370, § 6, eff. Jan. 8, 2002.Source: 22A:4-8. COMMENT

This section remains unchanged, and no change of the substance is contemplated.

22A:4-17.1. Return of portion of fees to surrogate, county clerk, or register of deeds and mortgages; use

a. The county treasurer shall return to the county clerk or the register of deeds and mortgages $2.00 of each fee received for the recording, filing or canceling of a document in the office of the county clerk or register of deeds and mortgages. Such sums shall be returned within 10 days of receipt of the fee by the county treasurer.

b. Monies received by the county clerks or registers of deeds and mortgages pursuant to the provisions of subsection a. shall be used to upgrade and modernize the services provided by their offices.


c. The provisions of subsection a. shall not apply to fees received from municipalities for recording, filing or canceling documents.

d. Notwithstanding any provision of law to the contrary, monies received by a county clerk attributable solely to the amount of fee increases for services enumerated in N.J.S.22A:2-29 pursuant to the amendments set forth in section 2 of P.L.2001, c.370 and enumerated in section 2 of P.L.1965, c. 123 (C.22A:4-4.1) pursuant to the amendments set forth in section 4 of P.L.2001, c.370, that exceed in any year the amount by which the annual minimum salary of the county clerk fixed pursuant to N.J.S.40A:9-76 exceeds the amount of the county clerk's salary in effect on November 1, 2000, shall be used for budgetary reduction by the county and shall be reflected as a county tax levy reduction.

e. Notwithstanding any provision of law to the contrary, monies received by a register of deeds and mortgages attributable solely to the amount of fee increases for services enumerated in section 2 of P.L.1965, c. 123 (C.22A:4- 4.1) pursuant to the amendments set forth in section 4 of P.L.2001, c. 370 that exceed in any year the amount by which the annual minimum salary of the register of deeds and mortgages fixed pursuant to N.J.S.40A:9-92 exceeds the amount of the salary of the register of deeds and mortgages in effect on November 1, 2000, shall be used for budgetary reduction by the county and shall be reflected as a county tax levy reduction.

f. The county treasurer shall return to the county surrogate $2.00 of each fee received for the probate of a will; for the grant of general administration; for the grant of letters of guardianship ; for the grant of letters of trusteeship for the filing of inventories; for the filing of accountings; and for any other proceeding filed, recorded or issued in the surrogate's court. Such sums shall be returned within 10 days of receipt by the county treasurer.

g. Monies received by the county surrogates pursuant to the provisions of subsection a. of this section shall be used to upgrade and modernize the services provided by their offices. These monies shall not be used for budgetary reduction by the counties.

h. Notwithstanding any provision of law to the contrary, monies received by a county surrogate attributable solely to the amount of fee increases for services enumerated in N.J.S.22A:2-30 pursuant to the amendments set forth in section 3 of P.L.2001, c. 370 (C.22A:2-30), that exceed in any year the amount by which the annual minimum salary of the surrogate fixed pursuant to N.J.S.2B:14-3 exceeds the amount of the surrogate' s salary in effect on November 1, 2000, shall be used for budgetary reduction by the county and shall be reflected as a county tax levy reduction.

Source: 22A:4-17.1; 22A:4-17.2.COMMENT

History: Sections a-e, 22A:4-17.1: L.1985, c. 422, § 7, eff. Jan. 13, 1986. Amended by L.1989, c. 301, § 1, eff. Jan. 12, 1990; L.2001, c. 370, § 9, eff. Jan. 8, 2002.Sections f-h, 22A:4-17.2: L.1988, c. 109, § 4, eff. Sept. 1, 1988. Amended by L.2001, c. 370, § 8, eff. Jan. 8, 2002.

This section remains substantially unchanged, and no change of the substance is presently contemplated. May need cleaning and streamlining.

Revenue


22A:2-51. Increased fees under P.L.1996, c.52, use; fund

a. An amount equal to 95% of the increase in fees collected pursuant to the provisions of 22A:2-51 shall be annually appropriated to the Department of Community Affairs for the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and to the Judiciary to fund 10 Superior Court judgeships, to supplement funds appropriated from other sources in a fiscal year for these purposes. An appropriation pursuant to this section shall not be used to replace appropriations from any other source for these purposes.

b. An amount equal to 5% of the increase in fees collected pursuant to the provisions of 22A:2-51 shall be annually appropriated to the Department of State, Higher Educational Services, to be allocated equally among Rutgers-Newark Law School, Rutgers-Camden Law School and Seton Hall Law School for clinical programs which provide free legal representation to the poor, to supplement funds appropriated from other sources in a fiscal year for these purposes. An appropriation pursuant to this section shall not be used to replace appropriations from any other source for these purposes.

c. A non-lapsing, revolving fund is created in the State Department of the Treasury, into which the Treasurer shall deposit annually an amount equal to the revenue derived from the increase in the fees collected pursuant to 22A:2-51. Interest and other income earned on moneys deposited into this fund shall be credited to the fund. Moneys in the fund shall be appropriated and distributed annually exclusively for the purposes set forth in subsections (a) and (b). The State Treasurer shall have performed an audit of this fund biennially following the effective date of 22A:2-51 and the results of the audit shall be included in the report required pursuant to subsection (d).

d. The State Treasurer shall submit annual report to the Legislature on the use of the fees collected pursuant to 22A:2-51 and deposited into the fund created pursuant to subsection (c). The report shall be submitted to the President of the Senate and Speaker of the General Assembly, and the Senate Budget and Appropriations Committee, Assembly Appropriations Committee, Senate Judiciary Committee, and Assembly Judiciary Committee or their successors.

Source: 22A:2-51.

L.1996, c.52, s.6.COMMENT


22A:2-51.1. Dedicated check off fee revenues for upgrading and modernizing services, capital plan.

With regard to all increased check off fee charges, the revenues from which are dedicated to upgrading and modernizing the services provided by the offices of constitutional officers, pursuant to the provisions of 22A:4-8.1 or any other provision of law:

a. Each constitutional officer shall prepare and submit to the board of chosen freeholders, for its approval, a five-year capital plan setting forth the capital purposes to


which the check off fee revenues are to be applied. These purposes shall include improving recording and election system when applicable;

b. Any dispute concerning the use of the check off fee revenues shall be submitted to and resolved by the assignment judge of the county, who shall be the final arbiter of such disputes;

c. Check off fee revenues shall not be used for budgetary reduction by the county and the Director of the Division of Local Government Services in the Department of Community Affairs shall require the amendment of any county budget that is not in compliance with the requirements of this subsection;

d. Interest earned on check off fee revenues held in a dedicated or trust account shall accrue to that account and shall be used only for the purposes of check off fee revenues.

L.2001, c.370, s.13.Source: 22A:2-51.1.COMMENT


22A:4-4.2. New Jersey Public Records Preservation Account

a. The "New Jersey Public Records Preservation Account," a dedicated account within the Department of the Treasury, is established. Notwithstanding any other provision of law to the contrary, monies received by a county clerk attributable solely to the amount of increases to the fees imposed pursuant to 22A:4-4 shall be paid by the county clerk to the Treasurer for deposit in the New Jersey Public Records Preservation Account, $2 of which shall be allocated for grants to counties and municipalities for the management, storage and preservation of public records and $3 of which shall be allocated to the Division of Archives and Records Management within the Department of State for the management, storage and preservation of public records.

b. The State Division of Archives and Records, in consultation with the State Records Committee, may, pursuant to the provisions of the Administrative Procedures Act, make, adopt, amend, or repeal such rules and regulations as the Division finds necessary to carry out the provisions of this section.

History: L.2003, c. 117, § 39, eff. July 1, 2003.Source: 22A:4-4.2.COMMENT

This section remains substantially unchanged, and no change of the substance is contemplated. 22A:4-4 was repealed in 1965 and replaced by 22A:4-4.1.



b. For convenience, such officers may receive reasonable deposits in advance to meet the fees and costs of persons who may desire such services, except that sheriffs and the Clerk of the Superior Court shall be required so to do. Such officers shall account to depositors at least once in 4 months for the sums deposited, except that the Clerk of the Supreme Court, the Clerk of the Superior Court, sheriffs, and the Secretary of State shall so account at least annually.



d. Whenever any surrogate, register of deeds and mortgages, county clerk or sheriff shall be requested by the State or any of its agencies to file any paper, enter and docket any writ, order or judgment, record any paper, make a copy or search or perform any other service in their respective offices for which costs, fees or compensation is allowed, such surrogate, register of deeds and mortgages, county clerk or sheriff shall forthwith file or record such paper or perform the service requested without exacting payment in advance of the lawful fees incident to such filing, recording or service, but such officer shall render to the State, or the agency thereof making such request, a monthly statement of all such fees due and payable to him. No surrogate, register of deeds and mortgages, county clerk or sheriff shall become personally liable to his county for the payment of such fees and costs until the same shall have been actually paid to him.


COMMENT

History: Sections a-c, 22A:4-19: L.1953, c. 22, p. 441, § 11. Amended by L.1968, c. 297, § 1, eff. July 1, 1968; L.1978, c. 146, § 1, eff. May 1, 1979; L.1991, c. 91, § 277, eff. April 9, 1991.Section d, 22A:4-20: L.1953, c. 22, p. 442, § 11.Section e, 22A:4-21: L.2003, c. 117, § 40, eff. July 1, 2003.

This section consolidates three former sections; all remain substantially unchanged, and no change of the substance is contemplated. Numbering was added for referencing purposes. May need some cleaning, especially sec. d which is over 50 years old.

22A:5-1. Tax court; fees; payment; disposition

a. The filing fee for commencement of proceedings in the Tax Court, other than proceedings in the Small Claims Division, shall be the same as proceedings in the Superior Court, Law Division, except that a taxing district shall not be required to pay a filing fee upon the filing of a counterclaim or any responsive pleading.

b. Additional fees, the reduction or waiver of fees for particular classes of cases, and the fees for the Small Claims Division of the Tax Court, shall be established by the Rules of the Supreme Court.

c. No proceeding shall be heard by the Tax Court unless the fees are paid.

d. All fees shall be payable to the clerk of the Tax Court for the use of the State, and shall not be refundable except as specifically provided by the Rules of the Supreme Court.

COMMENT

History: L.1993, c. 74, § 2, eff. March 12, 1993.

This section remains unchanged, and no change is contemplated.
