2005 Connecticut Code - Sec. 52-259. Court fees.

      Sec. 52-259. Court fees. There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, two hundred twenty-five dollars, except (1) one hundred twenty dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars and for summary process, landlord and tenant and paternity actions, and (2) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15 or for making an application to modify or extend an order issued pursuant to section 46b-15. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy-five dollars shall be charged if the plaintiff amends his complaint to state that such demand is not less than two thousand five hundred dollars. The fee for the entry of a small claims case shall be thirty-five dollars. If a motion is filed to transfer a small claims case to the regular docket, the moving party shall pay a fee of seventy-five dollars. There shall be paid to the clerk of the Superior Court by any party who requests that a matter be designated as a complex litigation case the sum of two hundred fifty dollars, to be paid at the time the request is filed. There shall be paid to the clerk of the Superior Court by any party who requests a finding of fact by a judge of such court to be used on appeal the sum of twenty-five dollars, to be paid at the time the request is filed. There shall be paid to the clerk of the Superior Court a fee of seventy-five dollars for a petition for certification to the Supreme Court and Appellate Court. Such clerks shall also receive for receiving and filing an assessment of damages by appraisers of land taken for public use or the appointment of a commissioner of the Superior Court, two dollars; for recording the commission and oath of a notary public or certifying under seal to the official character of any magistrate, ten dollars; for certifying under seal, two dollars; for exemplifying, twenty dollars; for making all necessary records and certificates of naturalization, the fees allowed under the provisions of the United States statutes for such services; and for making copies, one dollar a page. There shall be paid to the clerk of the Superior Court for a copy of a judgment file a fee of twenty-five dollars, inclusive of the fees for certification and copying, for a certified copy and a fee of fifteen dollars, inclusive of the fee for copying, for a copy which is not certified; and for a copy of a certificate of judgment in a foreclosure action, as provided by the rules of practice and procedure, twenty-five dollars, inclusive of the fees for certification and copying. There shall be paid to the clerk of the court a fee of one hundred dollars at the time any application for a prejudgment remedy is filed. A fee of twenty dollars for any check issued to the court in payment of any fee which is returned as uncollectible by the bank on which it is drawn may be imposed. The tax imposed under chapter 219 shall not be imposed upon any fee charged under the provisions of this section.

      (1949 Rev., S. 3604; 1955, S. 1972d; November, 1955, S. N195; 1957, P.A. 57, S. 1; 385, S. 1; 1959, P.A. 199; 544; 670, S. 2; 1967, P.A. 628, S. 3; P.A. 74-183, S. 158, 291; P.A. 75-530, S. 4, 35; P.A. 76-368, S. 6, 9; 76-436, S. 560, 681; P.A. 77-347, S. 9, 11; 77-497, S. 3, 7; 77-576, S. 62, 65; 77-604, S. 61, 70, 84; P.A. 78-379, S. 18, 27; P.A. 79-574; P.A. 80-387, S. 1; P.A. 81-129, S. 2; 81-472, S. 92, 159; Nov. Sp. Sess. P.A. 81-4, S. 26, 32; 81-6, S. 2, 4; P.A. 82-325, S. 3, 6, 7; P.A. 83-196; 83-577, S. 1; June Sp. Sess. P.A. 83-29, S. 11, 82; June Sp. Sess. P.A. 83-35, S. 8; P.A. 85-548, S. 5; P.A. 88-103, S. 1, 4; P.A. 89-219, S. 4, 10; 89-251, S. 189, 203; May Sp. Sess. P.A. 92-6, S. 76, 117; P.A. 93-396, S. 7; P.A. 94-135, S. 3; P.A. 95-176, S. 4; P.A. 97-309, S. 13, 23; 97-322, S. 7, 9; May 9 Sp. Sess. P.A. 02-1, S. 104; P.A. 03-2, S. 43; 03-278, S. 102; May Sp. Sess. P.A. 04-2, S. 13.)

      History: 1959 acts added exception to charge for second judgment after judgment reopened for cases where reopening was for court error in prior judgment and where court reopened on own motion, added fee for foreclosure by sale, raised entry fee in supreme and superior courts from sixteen to twenty-two dollars and in court of common pleas from sixteen to twenty dollars; 1967 act increased entry fee in supreme and superior courts to forty-five dollars and in common pleas court to thirty dollars, eliminated fees for recording judgments, taking recognizance or bond for prosecution or special bail, signing writs of habeas corpus, making records, taking bail bonds and furnishing copies and for orders of notice, and further provided for furnishing copy of judgment to parties without charge; P.A. 74-183 applied forty-five-dollar fee paid to superior or supreme court clerks to appeals, reduced fee for entering civil cause in common pleas court from thirty to twenty dollars and added provision re payment of record fee in appeals from common pleas court to superior court, effective December 31, 1974; P.A. 75-530 clarified fee provisions, imposed twenty-dollar entry fee in appeals from common pleas court to superior court and deleted provision which had specified that there is no charge for one plain or certified copy of judgment to any party to the action, effective June 30, 1975; P.A. 76-368 raised fees for entering civil causes and entry fee in appeals from common pleas court to superior court by five dollars each, effective July 1, 1976; P.A. 76-436 amended section to reflect transfer of common pleas court functions to superior court, deleting provisions previously applicable to actions in common pleas court, and added provisions re cases where entry fee is twenty dollars and re new entry fee for amended addendum, effective July 1, 1978; P.A. 77-347 raised new entry fee from forty-five to fifty dollars and substituted "ad damnum" for "addendum" in provision added by P.A. 76-436 and added provisions re fees for entry and transfer of small claims cases, effective July 1, 1978, through June 30, 1979; P.A. 77-497 restated provision re new entry fee to refer to amended complaint rather than amended ad damnum, effective July 1, 1978; P.A. 77-576 raised all fees, except fee for entry of small claims case, record fees in appeals to superior court appellate session and various fees associated with documentation by five dollars, effective July 1, 1978; P.A. 77-604 made technical correction; P.A. 78-379 reduced record fee in appeals to superior court appellate session from thirty to twenty-five dollars, correcting a mistake resulting from misreading of P.A. 77-576, and specified that tax imposed under Ch. 219 does not apply to fees charged under section, effective July 1, 1978; P.A. 79-574 based fees on amount, legal interest or property in demand equally $2,500 rather than $7,500, effective October 1, 1979; P.A. 80-387 raised most fees, except those for appeals to superior court appellate session or for finding of fact or for various charges associated with documentation and except fee for entry of small claims case (raised from six dollars to eight dollars), by five dollars, effective October 1, 1980; P.A. 81-129 increased the fee for the entry of a small claims case from eight to ten dollars; P.A. 81-472 made technical changes; Nov. Sp. Sess. P.A. 81-4 raised fees (1) for entering appeal to supreme court from sixty to seventy-five dollars, (2) for entering appeal to superior court in exception from thirty-five to forty-five dollars, (3) for new entry fee in amended complaint from sixty to seventy-five dollars, (4) for transfer of small claims case to regular docket from thirty-five to forty-five dollars and (5) for entry of appeal in appellate session of superior court from thirty to forty-five dollars; Nov. Sp. Sess. P.A. 81-6 added Subsec. (b) re collection fees in non-AFDC support cases; P.A. 82-325 changed effective date of Nov. Sp. Sess. P.A. 81-6, S. 2 from January 27, 1982, to sixty days following effective date of regulations adopted to effectuate purposes of Subsec. (b) enacted by that act and revised effective date of certain sections of Nov. Sp. Sess. P.A. 81-4 as well but without affecting this section; P.A. 83-196 amended Subsec. (b) by changing "shall impose" to "may impose", deleting provisions re computation of amount of collection fee and adding provision that collection fee be in an amount necessary to meet the cost of providing support services and paid by person against whom the support order was issued; P.A. 83-577 raised fees (1) for appeal to the supreme court from seventy-five to one hundred dollars, (2) for civil actions from sixty to ninety dollars, (3) for civil actions where the sole claim is for damages and the amount in demand is less than $2500 and summary process, landlord and tenant, paternity and support actions from forty-five to fifty-five dollars, and (4) for small claims cases from ten to twenty dollars; June Sp. Sess. P.A. 83-29 added reference to appellate court, deleted reference to appellate session of the superior court and deleted provision re entry fee of forty-five dollars in Subsec. (a); June Sp. Sess. P.A. 83-35 amended Subsec. (a) by providing the entry fee for a small claims case which is a housing matter shall be fifteen dollars; P.A. 85-548 amended Subsec. (b) to make imposition of fee mandatory rather than discretionary to describe fee as an "application" fee and to provide for determination, payment and reimbursement of such fee which shall not exceed twenty-five dollars, deleting prior provisions specifying that "collection" fee should meet the cost of providing support services and should be paid by person against whom an order of support was issued; P.A. 88-103 amended Subsec. (a) by adding Subdiv. (2) exempting applications to superior court for relief under Sec. 46b-15 from entry fee; P.A. 89-219 raised fees (1) for appeal to the supreme court or appellate court from one hundred to one hundred fifty dollars, (2) for civil actions from ninety to one hundred twenty-five dollars, (3) for civil actions where the sole claim is for damages and the amount in demand is less than twenty-five hundred dollars and summary process, landlord and tenant, paternity and support actions from fifty-five to sixty dollars, and (4) for small claims cases from fifteen to twenty dollars for any housing matter and from twenty to twenty-five dollars for any other matter; P.A. 89-251 amended Subsec. (b) to increase the maximum fee from twenty-five to thirty dollars; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase various fees and to add fees for a copy of a judgment file, certification and copying an application for a prejudgment remedy; P.A. 93-396 deleted former Subsec. (b) concerning the state imposition of application fees in non-AFDC child support cases; P.A. 94-135 imposed fee of seventy-five dollars for petition for certification to supreme court and appellate court and fee of twenty dollars for exemplifying and deleted recording fee for appeals to appellate court; P.A. 95-176 added fee for entering writ of error to Supreme Court, eliminated seventy-five dollar fee for entering support action, added provision of no entry fee for application to modify or extend order issued under section 46b-15 and authorized twenty-dollar fee for check to court in payment of fee returned as uncollectible by bank; P.A. 97-309 increased fee for civil cause in Superior Court from one hundred fifty to one hundred eighty-five dollars effective July 1, 1997; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting this section; May 9 Sp. Sess. P.A. 02-1 raised fee for entry of a small claims case from thirty to thirty-five dollars and made a technical change, effective July 1, 2002; P.A. 03-2 established fee of two hundred fifty dollars for filing a request that a matter be designated as a complex litigation case and increased fee for a civil cause in Superior Court from one hundred eighty-five to two hundred twenty dollars, a civil cause in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars and for summary process, landlord and tenant and paternity actions from seventy-five to one hundred twenty dollars, a certified copy of a judgment file from fifteen to twenty-five dollars, an uncertified copy of a judgment file from ten to fifteen dollars, a copy of a certificate of judgment in a foreclosure action from twenty to twenty-five dollars, and an application for a prejudgment remedy from fifty to one hundred dollars, effective February 28, 2003; P.A. 03-278 made technical changes, effective July 9, 2003; May Sp. Sess. P.A. 04-2 increased fee for entering each civil cause in the Superior Court from two hundred twenty dollars to two hundred twenty-five dollars, effective July 1, 2004.

      Cited. 135 C. 412. Cited. 194 C. 43, 50. Cited. 223 C. 68, 69, 75. Cited. 237 C. 758.

      Cited. 15 CA 185, 189, 192.

      Cited. 8 CS 31.

      Subsec. (a):

      Cited. 223 C. 68, 69, 75, 76, 78.

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