2020 Georgia Code
Title 15 - Courts
Chapter 6 - Superior Courts
Article 2 - Clerks of Superior Courts
§ 15-6-77. Fees; Construction of Other Fee Provisions

Universal Citation: GA Code § 15-6-77 (2020)
  1. The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section.
  2. All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 15-6-61, 15-6-77.4, 15-6-98, 45-17-4, or 47-14-51, or as otherwise provided by law as a deduction from the applicable fee. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law.
  3. Any fees received as provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid by the clerk to another entity according to some other general law expressly providing for same, including, but not limited to, any sums pursuant to Code Section 15-6-61 and such sums as are collected pursuant to Code Section 15-6-77.4, 15-6-98, 36-15-9, 45-17-4, or 47-14-51, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties.
  4. Except for the filing of civil cases in which the filing party is indigent as provided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service.
  5. Costs in civil cases:
    1. As used in this subsection, the term "civil cases" shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section and shall be given a new case number by the clerk of the superior court; provided, however, that such new case number shall not subject a party to any fee other than provided for in this Code section.
    2. Except as provided in paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
    3. Recording and certifying documents in connection with admission to practice law; and
    4. Costs associated with the filing of criminal charges by an alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or an alleged victim of any domestic violence offense or for the issuance or service of a warrant, protective order, or witness subpoena arising from the violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or the incident of domestic violence.

(3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action:

(A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ..$ 1.00 All bonds over 500, each ...50 (B) Recording on final record, per page ..1.50

No fee or cost shall be assessed for any service rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 or in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault. A petitioner seeking a temporary protective order or a respondent involved in a temporary protective order hearing under the provisions of Code Section 19-13-3 or 19-13-4 shall be provided with a foreign language or sign language interpreter when necessary for the hearing on the petition. The reasonable cost of the interpreter shall be paid by the local victim assistance funds as provided by Article 8 of Chapter 21 of this title. The provisions of this paragraph shall control over any other conflicting provisions of law.

Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.

(f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows and shall continue to be subject to the remittance requirements to be paid by the clerk pursuant to Code Section 15-6-61, 15-6-98, or 47-14-51:

(1)(A)(i) Filing each instrument pertaining to real estate including, but not limited to, each deed, deed of trust, affidavit, release, notice, certificate, cancellation, assignment, notice filing for Uniform Commercial Code related real estate, and assignment of a security deed or mortgage ..$ 25.00 For any instrument that includes a request for cancellation, satisfaction, release, or assignment of more than one instrument, the filing fee specified in this division shall be submitted and paid for each such instrument which is to be canceled, satisfied, released, or assigned. (ii) Filing an instrument pertaining to real estate and personal property including a lien on real estate and personal property, hospital lien, notice of lis pendens, written information on utilities, cancellation of a lien, and writ of fieri facias ..25.00 For any instrument that includes a request for cancellation, satisfaction, release, or assignment of more than one instrument, the filing fee specified in this division shall be submitted and paid for each such instrument which is to be canceled, satisfied, released, or assigned. (iii) Filing of a tax lien by a state or local government agency ..5.00 Each page, after the first page ..2.00 For each tax cancellation, satisfaction, release, notice, withdrawal, or other document referencing a previously filed tax lien, an additional sum for each previous tax lien referenced ..2.00 (B) Filing a financing statement, amendment to a financing statement, continuation statement, termination statement, release of collateral, or other filing pursuant to Article 9 of Title 11 ..25.00 (2) Filing maps or plats, each page ............................10.00 (g) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page ..$ 5.00 Each page, after the first ..2.00 (2) Uncertified copies of documents, if no assistance is required from the office of the clerk of superior court, per page ...50 Uncertified copies, if assistance is required ..1.00 Uncertified copies, if transmitted telephonically or electronically, first page ..2.50 Each page, after the first ..1.00 (3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches ..2.00 (4) Certification or exemplification of record, including certificates and seals, first page ..2.50 Each page, after the first ...50 (5) Clerk's certificate ..1.00 (6) Court's seal ..1.00 (7) The clerk may provide computer data or computer generated printouts of public records subject to disclosure maintained on computer by, or available to, the clerk, for each page or partial page of printed data or copies of such or its equivalent ..2.50 Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized computer compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to provide copies of, copyrighted computer programs or any other computer programs in violation of any software license agreement or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law. (8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40 ..3.00 (9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 ..20.00 (10) Registering and filing trade names pursuant to Code Section 10-1-490 ..15.00 (11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each ..5.00 (12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page ..1.00 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of ..35.00 (13) Reserved. (14) Reserved. (15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases. (16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the "Uniform Limited Partnership Act," and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases. (h) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations ..$ 3.00 (2) Reserved. (3) Reserved. (4) Reserved. (5) Reserved. (6) Preparation and furnishing copy of the record of appeal in criminal cases where the accused was convicted of capital felony, except when provided in accordance with subsection (b) of Code Section 5-6-43, per page ..1.00 Clerk's certificate ..1.00 The clerk shall not receive compensation for the transcript of evidence and proceedings. (7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum.

No fees shall be charged for the following:

Recording discharge certificates of veterans, as provided in Code Section 15-6-78;

Filing a petition as provided in Code Section 42-8-66;

All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect.

No fees, assessments, or other charges may be assessed or collected except as authorized in this Code section or some other general law expressly providing for same.

The clerk of superior court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's offices as may be requested by the public and agreed to by the clerk.Any charges for such additional services shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any such service not otherwise required by law.

The sheriffs of this state shall not be required to pay recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures.

The clerk of superior court shall not be required to refund excess sums tendered to the clerk as payment of costs or fees enumerated in this Code section when such payment exceeds the amount required by this Code section by less than $15.00.

In addition to the fees required by this Code section:

With respect to any instrument that includes a request for cancellation, satisfaction, or release of any instrument described in division (f)(1)(A)(i) or (f)(l)(A)(ii) of this Code section, the clerk shall file, index, and record the cancellation of each such instrument identified and requested to be canceled, provided that the requesting party pays the applicable filing fee and that such instrument accurately identifies the recording information for such instrument to be canceled, satisfied, or released; and

For the purposes of this subsection and any other Code section requiring the clerk of superior court to cross-index, cross-reference, or make any other notation affecting any instrument filed in the clerk's office, including, but not limited to, real estate, personal property, liens, plats, and any other instruments, the clerk shall be authorized to make such entry or notation through electronic or automated means in lieu of entering such information manually in paper books or dockets.

Notwithstanding any provision of this Code section to the contrary, the filing fee for an application to be appointed as a certified process server pursuant to paragraph (2) of subsection (h) of Code Section 9-11-4.1 shall be $58.00.

(Laws 1792, Cobb's 1851 Digest, pp. 353, 354; Ga. L. 1857, p. 49, § 2; Code 1863, § 3619; Code 1868, § 3644; Ga. L. 1870, p. 67, § 1; Code 1873, § 3695; Ga. L. 1880-81, p. 87, § 1; Code 1882, § 3695; Civil Code 1895, § 5397; Penal Code 1895, § 1106; Civil Code 1910, § 5995; Penal Code 1910, § 1133; Ga. L. 1921, p. 184, § 1; Code 1933, § 24-2727; Ga. L. 1939, p. 345, § 2; Ga. L. 1946, p. 225, § 1; Ga. L. 1946, p. 726, § 1; Ga. L. 1947, p. 1177, §§ 2, 3; Ga. L. 1953, Jan.-Feb. Sess., p. 32, § 2; Ga. L. 1955, p. 421, § 1; Ga. L. 1957, p. 321, § 1; Ga. L. 1965, p. 525, §§ 1, 2; Ga. L. 1970, p. 497, § 1; Ga. L. 1971, p. 214, § 1; Ga. L. 1971, p. 699, § 1; Ga. L. 1971, p. 774, § 1; Ga. L. 1972, p. 664, §§ 1, 4; Ga. L. 1977, p. 1098, § 4; Ga. L. 1978, p. 1787, § 2; Ga. L. 1980, p. 1045, § 1; Code 1933, §§ 24-2727.1, 24-2727.2, 24-2727.3, 24-2727.4, 24-2727.5, 24-2727.6, 24-2727.7, enacted by Ga. L. 1981, p. 1396, § 1; Ga. L. 1982, p. 3, § 15; Ga. L. 1982, p. 879, § 1; Ga. L. 1983, p. 3, § 12; Ga. L. 1983, p. 1210, § 1; Ga. L. 1986, p. 1002, §§ 1, 2; Ga. L. 1987, p. 320, § 3; Ga. L. 1988, p. 320, § 2; Ga. L. 1989, p. 14, § 15; Ga. L. 1989, p. 395, § 5; Ga. L. 1989, p. 498, § 3; Ga. L. 1989, p. 931, § 3; Ga. L. 1989, p. 946, § 109; Ga. L. 1990, p. 805, § 2; Ga. L. 1991, p. 1051, § 3; Ga. L. 1991, p. 1324, § 1; Ga. L. 1992, p. 1311, § 1; Ga. L. 1993, p. 1550, § 9; Ga. L. 1994, p. 1693, § 15; Ga. L. 1995, p. 260, § 1; Ga. L. 1995, p. 863, § 1; Ga. L. 1996, p. 883, §§ 1, 2; Ga. L. 1996, p. 1502, § 2; Ga. L. 2001, p. 362, § 27; Ga. L. 2001, p. 885, §§ 1, 2; Ga. L. 2002, p. 799, § 3; Ga. L. 2002, p. 832, § 2; Ga. L. 2003, p. 140, § 15; Ga. L. 2003, p. 258, § 1; Ga. L. 2004, p. 900, § 1; Ga. L. 2006, p. 532, § 1/HB 989; Ga. L. 2007, p. 595, § 4/HB 197; Ga. L. 2008, p. 164, § 1/HB 1018; Ga. L. 2009, p. 135, § 1/HB 453; Ga. L. 2010, p. 9, § 1-38/HB 1055; Ga. L. 2011, p. 24, § 2/HB 41; Ga. L. 2012, p. 216, § 1/HB 198; Ga. L. 2012, p. 819, § 2/HB 1048; Ga. L. 2015, p. 422, § 5-5/HB 310; Ga. L. 2016, p. 435, § 1/HB 851; Ga. L. 2019, p. 683, § 2/HB 288; Ga. L. 2019, p. 845, § 6-3/HB 239; Ga. L. 2020, p. 493, § 15/SB 429.)

The 2019 amendments. The first 2019 amendment, effective January 1, 2020, in subsection (b), in the first sentence, inserted "15-6-61," and added ", 15-6-98, 45-17-4, or 47-14-51, or as otherwise provided by law as a deduction from the applicable fee"; substituted the present provisions of the first sentence of subsection (c) for the former provisions, which read: "In all counties in this state where the clerk of the superior court is paid or compensated on a salary basis, the fees provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid pursuant to Code Section 15-6-61 and such sums as are collected pursuant to Code Section 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law."; deleted "and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3" following "provisions of law" at the end of paragraph (e)(4); rewrote subsection (f), which read: "Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:

"(1)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page ............ $ 9.50

"Each page, after the first ............ 2.00

"(ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page ............ 4.50

"Each page, after the first ............ 2.00

"(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Article 9 of Title 11, first page ............ 10.00

"Each page, after the first ............ 2.00

"(2) Filing maps or plats, each page ............ 7.50

"(3) For processing an assignment of a security deed, for each deed assigned ............ 4.50"; deleted former paragraph (o)(1), which read: "When any instrument that is statutorily required to be cross indexed, canceled, satisfied, or released or when a party requests the clerk to cross index an instrument that is not otherwise required by law to be cross indexed to any other previously recorded or affected document, the clerk of superior court shall charge an additional fee of $2.00 for each additional cross indexed entry;"; deleted former paragraph (o)(2), which read: "For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(1)(A)(i) of this Code section, the filing fee specified in division (f)(1)(A)(i) of this Code section shall be charged for each such instrument which is to be canceled, satisfied, or released;"; deleted former paragraph (o)(3), which read: "For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(1)(A)(ii) of this Code section, the filing fee specified in division (f)(1)(A)(ii) of this Code section shall be charged for each such instrument which is to be canceled, satisfied, or released;"; deleted former paragraph (o)(4), which read: "For any instrument that includes a request for the clerk to cross index the instrument to a previously recorded or affected instrument but for which cross indexing is not otherwise required by law, the clerk shall file, index, record, and cross index each such instrument for which a request has been made upon receiving payment from the requesting party as specified by paragraph (1) of this subsection and written information specifying accurately the instrument to be cross indexed;", redesignated former paragraphs (o)(5) and (o)(6) as present paragraphs (o)(1) and (o)(2), respectively; and inserted a comma following "canceled" and substituted "applicable filing fee" for "filing fee specified by paragraph (2) or (3) of this subsection, as applicable," in the middle of paragraph (o)(1). The second 2019 amendment, effective May 7, 2019, added "and shall be given a new case number by the clerk of the superior court; provided, however, that such new case number shall not subject a party to any fee other than provided for in this Code section" at the end of the second sentence of paragraph (e)(1).

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in the undesignated language at the end of divisions (f)(1)(A)(i) and (f)(1)(A)(ii).

Cross references.

- Court costs generally, § 9-15-1 et seq.

Deposits of court costs, § 9-15-4.

Giving of receipts for fees, and penalty for charging excessive fees, § 15-13-30 et seq.

Charges for purpose of providing funds for purchasing books for county law libraries, § 36-15-9.

Civil actions and remedies for the collections of fines, costs, restitution, and reparation ordered as a condition of probation, § 42-8-34.2.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, "canceled" was substituted for "cancelled" throughout subsection (o).

Pursuant to Code Section 28-9-5, in 2019, a comma was inserted following "45-17-4" in subsection (c).

Editor's notes.

- Ga. L. 1995, p. 260, § 6, not codified by the General Assembly, provided that Section 1 of that Act, which amended subsection (f) of this Code section, would be repealed on July 1, 1996; this repeal provision was amended by Ga. L. 1996, p. 1502, § 4, and by Ga. L. 1997, p. 565, § 5, neither of which sections was codified by the General Assembly, so as to delete the reference to the repeal of Section 1 of the 1995 Act. Ga. L. 1996, p. 1502, § 2, effective July 1, 1998, amended the version of subparagraph (f)(1)(A) of this Code section enacted by Ga. L. 1995, p. 260, § 1. The delayed effective date of the 1996 amendment to subparagraph (f)(1)(A) was changed to January 1, 2004, by Ga. L. 1997, p. 565, § 6.

Ga. L. 2002, p. 832, § 1, not codified by the General Assembly, provides: "It is the general intent of this Act to codify and to extend for a further period of two years the future 'sunset' of certain provisions relating to superior court clerks' fees and the Georgia Superior Court Clerks' Cooperative Authority."

Ga. L. 2002, p. 832, § 5, not codified by the General Assembly, provided: "The following provisions of law are repealed:

"(1) Section 6 of an Act amending Title 15 of the Official Code of Georgia Annotated, relating to courts, approved April 7, 1995 (Ga. L. 1995, p. 260), as amended, which now repealed section would have provided for a future repeal or sunset of certain provisions relating to fees of superior court clerks and the Georgia Superior Court Clerks' Cooperative Authority; and

"(2) Section 2 of an Act amending Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, approved April 16, 1996 (Ga. L. 1996, p. 1502), as amended, which now repealed section would have provided for a future change in the fees of superior court clerks."

Ga. L. 2007, p. 595, § 5/HB 197, not codified by the General Assembly, provides that this Act shall apply to all trials which occur on or after July 1, 2007.

Ga. L. 2011, p. 24, § 4/HB 41, not codified by the General Assembly, provides, in part, that: "This Act shall apply retroactively to all cases for which fees have not been assessed." The effective date of this Act was March 16, 2011.

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews.

- For survey article on real property law, see 59 Mercer L. Rev. 371 (2007). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019). For annual survey on domestic relations, see 71 Mercer L. Rev. 83 (2019). For article, "2019 Legislative Review," see 24 Ga. St. B.J. 28 (June 2019). For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 184 (1989). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 41 (1993). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 70 (1994). For comment, " 'The Twain Shall Meet': A Real Property Approach to Article 9 Perfection," see 64 Emory L.J. 1103 (2015).

JUDICIAL DECISIONS

Superior court clerks are charged with duty of receiving amounts of all costs due in court. Whitsett v. Hester-Bowman Enters., Inc., 94 Ga. App. 78, 93 S.E.2d 788 (1956).

Construction with O.C.G.A.

§ 44-14-361.1(a)(3). - Because a notice under O.C.G.A. § 44-14-361.1(a)(3) was not filed within 14 days of a lien claimant's suit being initiated, the lien was unenforceable, and the trial court did not err in granting a developer's motion for partial summary judgment against the lien claimant; while the appeals court sympathized with the lien claimant's argument that the claimant received a file-stamped copy and as a result believed no fee was due, ultimately it was the responsibility of plaintiff and plaintiff's counsel to see that the appropriate fees were paid in a timely manner. Kendall Supply, Inc. v. Pearson Cmtys., Inc., 285 Ga. App. 863, 648 S.E.2d 158 (2007).

Right to make examinations or abstracts when paying fees.

- Private citizen has no right without consent of the clerk and payment of fees to make abstracts of books of record. Buck & Spencer v. Collins, 51 Ga. 391, 21 Am. R. 236 (1874).

This section does not deny the right of members of the public to make examinations and abstracts, but only imposed charges or fees for services which the clerk may render in making such examination and abstracts. Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499, 160 S.E. 620 (1931).

When cases are consolidated, clerk is entitled to fee in each case. Williams, Birnie & Co. v. Officers of Court, 61 Ga. 95 (1878).

Clerk not authorized to charge for copy retained by clerk.

- Under paragraph (g)(12) of O.C.G.A. § 15-6-77, the clerk should only have charged for preparing the record to be sent to this court and was not authorized to charge the additional fee for preparing the copy of the record to be retained by the clerk. Rewis v. Shaw, 208 Ga. App. 876, 432 S.E.2d 617 (1993).

Clerk not entitled to costs for transmitting surplus parts of record not specified in bill of exceptions (see now O.C.G.A. §§ 5-6-49 and5-6-50), unless the transmission was at instance of party or counsel. Waldrop v. Wolff & Happ, 114 Ga. 610, 40 S.E. 830 (1902); Riley v. Wrightsville & T.R.R., 133 Ga. 413, 65 S.E. 890, 24 L.R.A. (n.s.) 379, 18 Ann. Cas. 208 (1909).

Fee for entering case on docket cannot be claimed in advance. Ball v. Duncan, 30 Ga. 938 (1860).

Clerk required to file motion to compel discovery under original case number.

- Trial court did not err in granting the petition for a writ of mandamus because the filing party had a clear legal right to compel the clerk to fulfill the clerk's ministerial duty of filing the motion to compel discovery under the original case number as the motion was directly related to that case; O.C.G.A. § 15-6-77 did not deal with the assignment of case numbers, but the calculation of costs for post-judgment motions filed more than 30 days after a judgment was entered; and the clerk was legally required to file the motion to compel upon collecting appropriate costs, without attempting to determine whether the document should legally be filed under the previously assigned case number of the original complaint. Alexander v. Gibson, 300 Ga. 394, 794 S.E.2d 597 (2016).

Under this section, word "summons" meant "subpoena" and did not refer to civil process or a summons issued by a justice of the peace, or to summons issued by municipal forums. Owens v. Maddox, 80 Ga. App. 867, 57 S.E.2d 826 (1950).

Failure to charge sufficient costs not to affect rights of parties.

- In cases when the clerks are on a salary basis and the costs belong to the county, failure to charge sufficient costs would be a matter between the clerk and the county, and might subject the clerk to a contempt proceeding, but would not affect the rights of parties litigant. Whitsett v. Hester-Bowman Enters., Inc., 94 Ga. App. 78, 93 S.E.2d 788 (1956); Sirmans v. Sirmans, 222 Ga. 202, 149 S.E.2d 101 (1966).

Clerk's filing without fees is not a waiver of fees.

- Clerk's filing of complaint without having received deposit or affidavit of indigence did not constitute a waiver of assessment of court costs against complainant. Whitehead v. Lavoie, 176 Ga. App. 666, 337 S.E.2d 357 (1985).

No further affidavit of indigence required for renewal action.

- Provision in O.C.G.A. § 9-15-2(a) that an affidavit of indigence relieves a party of "any deposit, fee, or other cost" requires that, when a plaintiff files such an affidavit upon bringing an action, takes a voluntary dismissal, then seeks to renew the action, no payment of accrued costs and no further affidavit of indigence are required for the filing of the renewal action. McKenzie v. Seaboard Sys. R.R., 173 Ga. App. 402, 326 S.E.2d 502 (1985).

No application to chain of title.

- In arguing that cross-indexing served to pull a corrective deed into a property's chain of title, a bank's reliance on O.C.G.A. § 15-6-77 was unsupported as that statute did not authorize cross-indexing or say anything about the effect of cross-indexing. Rather, the statute merely set out the fee charged for cross-indexing and when cross-indexing was legally required. Bank of Am., N.A. v. Adams (In re Adams), 583 Bankr. 541 (Bankr. N.D. Ga. 2018).

No private cause of action.

- In a suit challenging a court's electronic filing fee system, the trial court did not err when the court granted the motion to dismiss the plaintiff's claims because none of the statutes or rules cited by the plaintiff provided a private cause of action for damages arising from any violation of the respective statute or rule. Best Jewelry Mfg. Co. v. Reed Elsevier Inc., 334 Ga. App. 826, 780 S.E.2d 689 (2015), cert. denied, No. S16C0502, 2016 Ga. LEXIS 286 (Ga. 2016).

Contempt action not new civil action.

- Provision of O.C.G.A. § 15-6-77 defining "civil cases" for determining when clerks may charge and collect fees was not authority for a court to designate a contempt notice as a new civil action requiring 30 days notice of a hearing. Brown v. King, 266 Ga. 890, 472 S.E.2d 65 (1996).

Contempt motion filed more than 30 days after judgment.

- Plaintiff's motion for contempt for failure to comply with court-ordered postjudgment discovery that was submitted more than 30 days after judgment was considered a new proceeding within the meaning of O.C.G.A. § 15-6-77(e)(1) for purposes of calculating the costs the superior court clerk was entitled to charge and collect. McFarland & Assocs., P.C. v. Hewatt, 242 Ga. App. 454, 529 S.E.2d 902 (2000).

Cited in Neisler v. Loudon, 83 Ga. 196, 9 S.E. 682 (1889); McMichael v. Southern Ry., 117 Ga. 518, 43 S.E. 850 (1903); Godfrey v. City of Cochran, 208 Ga. 149, 65 S.E.2d 605 (1951); Richmond County v. Pierce, 234 Ga. 274, 215 S.E.2d 665 (1975); Rucker v. Fuller, 247 Ga. 423, 276 S.E.2d 600 (1981); McBride v. Wetherington, 199 Ga. App. 7, 403 S.E.2d 873 (1991).

OPINIONS OF THE ATTORNEY GENERAL

Clerk may collect appropriate fee for all pleadings which have been filed and recorded prior to dismissal of case. 1970 Op. Att'y Gen. No. U70-200.

Clerk of superior court must refund that portion of advance costs deposit that exceeds actual costs. 1976 Op. Att'y Gen. No. U76-61.

Superior court clerk cannot charge less than prescribed.

- Superior court clerk does not have discretion to charge less than fees prescribed by this section for preparation of case records on appeal when the clerk is on salary as opposed to "fee system." Under such circumstances, the statutory fees are no longer the property of the clerk, but are public property for which the clerk is responsible. 1973 Op. Att'y Gen. No. U73-43.

Failure of superior court clerk to collect costs on appeal did not affect outcome of appeal despite former Code 1933, § 24-2729 (see now O.C.G.A. § 15-6-80). 1973 Op. Att'y Gen. No. U73-43.

Passport application fees to be paid into county treasury.

- Passport application fees collected by superior court clerk who is compensated on a salary basis must be paid into county treasury. 1978 Op. Att'y Gen. No. U78-20.

Filing fee based on original number of pages.

- This section permits the clerk to charge a filing fee for each lien, mortgage, and deed recorded; this fee is based upon original (typed) pages, and if the matter is printed so as to reduce the number of pages filed, the fee should still be based upon what space would have been occupied by the material if on original pages. 1971 Op. Att'y Gen. No. U71-88.

Burden of cost deposit on party filing notice of appeal.

- Party who filed notice of appeal under former Code 1933, § 92-6912 (see now O.C.G.A. § 48-5-311(f)) was party bearing burden of cost of deposit. 1974 Op. Att'y Gen. No. U74-46.

Notice of arraignment to be treated as summons.

- Notice of arraignment required by former Code 1933, § 27-1401 (see now O.C.G.A. § 17-7-91) to be sent to all defendants in criminal cases was to be treated as a summons rather than as a subpoena in determining the correct fee to be charged by the clerk of court pursuant to former Code 1933, § 24-2727 (see now O.C.G.A. § 15-6-77). 1967 Op. Att'y Gen. No. 67-42.

No filing or recording fee can be charged for depositions or interrogatories. 1970 Op. Att'y Gen. No. U70-232.

O.C.G.A. § 15-6-77 does not prescribe a fee for filing interrogatories or answers to interrogatories. It follows that no fee may be charged for this service. 1981 Op. Att'y Gen. No. U81-50.

No fee can be collected for the filing of interrogatories. 1971 Op. Att'y Gen. No. U71-93.

How fee for entering fieri facias to be charged.

- Intent of the General Assembly in enacting the provision entitling clerks of superior courts to charge a fee for entering fieri facias on a general execution docket is that for each fieri facias entered against a given defendant the clerk is entitled to charge the authorized fee. 1976 Op. Att'y Gen. No. U76-51.

Clerk is entitled only to fee for each accusation, and not for each warrant. 1957 Op. Att'y Gen. p. 49.

In no case is fee collectible from Board of Offender Rehabilitation for per diem court attendance. 1963-65 Op. Att'y Gen. p. 450.

Fee in nolle prosequi case.

- Fee for services in cases "where the defendant is tried, or pleads guilty, or there is a settlement" would certainly be applicable in a situation whereby the nolle prosequi was contingent upon payment of costs. 1963-65 Op. Att'y Gen. p. 609.

Bond forfeiture case is not "settlement". 1963-65 Op. Att'y Gen. p. 486.

Superior court clerk not entitled to fee for each juror summoned by sheriff. 1945-47 Op. Att'y Gen. p. 99.

Additional filing fee for corporate documents.

- Additional sum authorized by Ga. L. 1977, p. 1098, §§ 1 and 2 and former Code 1933, § 24-2727 (see now O.C.G.A. §§ 15-6-77 and47-14-51) to be paid to the clerks of the superior courts should be charged and collected upon the filing of articles of amendment, articles of merger, and articles of dissolution. 1978 Op. Att'y Gen. No. 78-63.

Fees for recording of workers' compensation proceedings.

- O.C.G.A. § 15-6-62 requires recordation of pleadings and proceedings filed during pendency of workers' compensation appeals in superior courts, and the clerk is authorized to collect fees for such recordation pursuant to O.C.G.A. § 15-6-77. 1982 Op. Att'y Gen. No. U82-29.

When filing fees not required.

- When child support petitions and other documents on behalf of the state are filed in the superior courts, filing fees may not be required. 1984 Op. Att'y Gen. No. U84-7.

Authorization to charge more supersedes court-ordered fee.

- Authorization to charge maximum fee for processing alimony or child support payments supersedes previous court-ordered fees for the same purpose, insofar as they are inconsistent. 1970 Op. Att'y Gen. No. U70-216.

Sheriff's fees set forth in former Code 1933, § 24-2823 (see now O.C.G.A. § 15-16-21) should be paid at clerk's office at time of filing, if required in a particular case, and that payment of the sheriff's fees was required in addition to the deposit for the clerk's fees which was payable at the time of filing in appropriate cases. 1976 Op. Att'y Gen. No. U76-37.

Applicability to Department of Labor.

- Department of Labor is liable for fees and costs in superior court except for recordation fees for records of the Board of Review in unemployment insurance cases and fees in civil cases as set forth in subsection (b) of O.C.G.A. § 15-6-77. 1986 Op. Att'y Gen. No. 86-43.

Advance court cost deposit.

- Appellants contesting a decision rendered by a county board of equalization in superior court must pay the advance court cost deposit set forth in O.C.G.A. §§ 9-15-4 and15-6-77. 1985 Op. Att'y Gen. No. U85-17.

Appellants contesting the award of a special master need not pay the advance court cost deposit set forth in O.C.G.A. §§ 9-15-4 and15-6-77 if the appellants have properly paid the required costs for filing the initial condemnation petition. 1985 Op. Att'y Gen. No. U85-17.

Taxpayers appealing from decisions of the state revenue commissioner pursuant to O.C.G.A. § 48-2-59 need only comply with the specific requirements of that section with regard to court costs; taxpayers need not pay the advance court cost deposit set forth in O.C.G.A. §§ 9-15-4 and15-6-77. 1985 Op. Att'y Gen. No. U85-17.

Filing fee for Family Violence Act petitions.

- Former paragraphs (b)(1) and (2) of O.C.G.A. § 15-6-77, which provide that the total cost for all services rendered by the clerk of superior court in civil cases shall be either $40 or $55, should be construed together with, and do not repeal, O.C.G.A. § 19-13-3, which provides for a $16 filing fee for petitions filed under the Family Violence Act, O.C.G.A. § 19-13-1 et seq. 1988 Op. Att'y Gen. No. U88-11.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Clerks of Court, § 14 et seq.

C.J.S.

- 21 C.J.S., Courts, § 4 et seq.

ALR.

- Statute regarding security for costs as mandatory or permitting exercise of discretion, 84 A.L.R. 252.

Exception as regards payments to officers of court to rule preventing recovery back of payments made under mistake of law, 111 A.L.R. 637.

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