2005 Idaho Code - 31-3201A — COURT FEES

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 32
                                     FEES
    31-3201A.  COURT FEES. The clerk of the district court in addition to the
fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition
to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
receive the following fees for services rendered by him in discharging the
duties imposed upon him by law;
    (a)  A fee of fifty dollars ($50.00) for filing a civil case of any type
in the district court or in the magistrate's division of the district court
including cases involving the administration of decedents' estates, whether
testate or intestate, and conservatorships of the person or of the estate or
both with the following exceptions:
    The filing fee shall be twenty-eight dollars ($28.00) in each case where
the amount of money or damages or the value of personal property claimed does
not exceed three hundred dollars ($300). The filing fee shall be thirty
dollars ($30.00) in the following types of cases:
    (1)  Where the amount of money or damages or the value of personal
    property claimed exceeds three hundred dollars ($300) but does not exceed
    one thousand dollars ($1,000);
    (2)  Where a case is brought for forcible or unlawful entry or detainer
    whether brought for rent or possession or both and regardless of the
    amount;
    (3)  Where a case is brought under chapter 20, title 16, Idaho Code, for
    the termination of parent-child relationship;
    (4)  Where a case is brought under chapter 2, title 32, Idaho Code, for
    permission to marry;
    (5)  Where a case involving the administration of a decedent's estate is
    brought under the summary administration of small estates act;
    (6)  In cases where a court order is issued only for a certain specific
    reason other than the administering of an estate, including, but not
    limited to, proceedings brought under sections 14-114, 15-514, 15-1401,
    15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
    (7)  In cases brought to determine heirship without administration;
    (8)  In cases brought to determine inheritance or transfer tax;
    (9)  In proceedings brought for adoption;
    (10) In proceedings brought for letters of guardianship of the person or
    of the estate or both.
    No filing fee shall be charged in the following types of cases:
    (1)  In cases brought under chapter 3, title 66, Idaho Code, for
    commitment of mentally ill persons;
    (2)  In cases brought under the juvenile corrections act;
    (3)  In cases brought under the child protective act.
    In all cases in which a filing fee of fifty dollars ($50.00) is paid,
seventeen dollars ($17.00) of such filing fee shall be paid to the county
treasurer for deposit in  the district court fund of the county; ten dollars
($10.00) of such filing fee shall be paid to the county treasurer who shall,
within five (5) days after the end of the month, pay such fees to the state
treasurer for deposit into the ISTARS technology fund; seventeen dollars
($17.00) of such filing fee shall be paid to the county treasurer who shall
pay such fees to the state treasurer for deposit in accordance with subsection
(p) of this section; and six dollars ($6.00) of such filing fee shall be paid
to the county treasurer who shall, within five (5) days after the end of the
month, pay such fees to the state treasurer for deposit in the senior
magistrate judges fund. In all cases in which a filing fee of thirty dollars
($30.00) is paid, four dollars ($4.00) of such filing fee shall be paid to the
county treasurer for deposit in the district court fund of the county; ten
dollars ($10.00) of such filing fee shall be paid to the county treasurer who
shall, within five (5) days after the end of the month, pay such fees to the
state treasurer for deposit into the ISTARS technology fund; ten dollars
($10.00) of such filing fee shall be paid to the county treasurer who shall
pay such fees to the state treasurer for deposit in accordance with subsection
(p) of this section; and six dollars ($6.00) of such filing fee shall be paid
to the county treasurer who shall, within five (5) days after the end of the
month, pay such fees to the state treasurer for deposit in the senior
magistrate judges fund. In all cases in which a filing fee of twenty-eight
dollars ($28.00) is paid, three dollars ($3.00) of such filing fee shall be
paid to the county treasurer for deposit in the district court fund of the
county; ten dollars ($10.00) of such filing fee shall be paid to the county
treasurer who shall, within five (5) days after the end of the month, pay such
fees to the state treasurer for deposit into the ISTARS technology fund; nine
dollars ($9.00) of such filing fee shall be paid to the county treasurer who
shall pay such fees to the state treasurer for deposit in accordance with
subsection (p) of this section; and six dollars ($6.00) of such filing fee
shall be paid to the county treasurer who shall, within five (5) days after
the end of the month, pay such fees to the state treasurer for deposit in the
senior magistrate judges fund.
    (b)  A fee of seventeen dollars and fifty cents ($17.50) shall be paid,
but not in advance, by each person found guilty of any felony or misdemeanor,
except when the court orders such fee waived because the person is indigent
and unable to pay such fee. If the magistrate court facilities are provided by
the county, five dollars ($5.00) of such fee shall be paid to the county
treasurer for deposit in the district court fund of the county; and twelve
dollars and fifty cents ($12.50) of such fee shall be paid to the county
treasurer who shall pay such fees to the state treasurer for deposit in
accordance with subsection (p) of this section. If the magistrate court
facilities are provided by a city, five dollars ($5.00) of such fee shall be
paid to the city treasurer for deposit in the city general fund, two dollars
and fifty cents ($2.50) of such fee shall be paid to the city treasurer for
deposit in the city capital facilities fund for the construction, remodeling
and support of magistrates court facilities, and ten dollars ($10.00) of such
fee shall be paid to the county treasurer who shall pay such fees to the state
treasurer for deposit in accordance with subsection (p) of this section.
    (c)  A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but
not in advance, by each person found to have committed an infraction or any
minor traffic, conservation or ordinance violation; provided that the judge or
magistrate may in his or her discretion consolidate separate nonmoving traffic
offenses into one (1) offense for purposes of assessing such fee. If the
magistrate court facilities are provided by the county, five dollars ($5.00)
of such fee shall be paid to the county treasurer for deposit in the district
court fund of the county; and eleven dollars and fifty cents ($11.50) of such
fee shall be paid to the county treasurer, who shall pay such fees to the
state treasurer for deposit in accordance with subsection (p) of this section.
If the magistrate court facilities are provided by a city, five dollars
($5.00) of such fee shall be paid to the city treasurer for deposit in the
city general fund, two dollars and fifty cents ($2.50) of such fee shall be
paid to the city treasurer for deposit in the city capital facilities fund for
the construction, remodeling and support of magistrate court facilities, and
nine dollars ($9.00) of such fee shall be paid to the county treasurer who
shall pay such fees to the state treasurer for deposit in accordance with
subsection (p) of this section.
    (d)  A fee of thirty dollars ($30.00) shall be paid by any party, except
the plaintiff, making an appearance in any civil action in the  district court
or in the magistrate's division of the district court. Of such fee, four
dollars ($4.00) shall be paid to the county treasurer for deposit in the
district court fund of the county; ten dollars ($10.00) of such fee shall be
paid to the county treasurer who shall, within five (5) days after the end of
the month, pay such fees to the state treasurer for deposit into the ISTARS
technology fund; ten dollars ($10.00) of such fee shall be paid to the county
treasurer who shall pay such fees to the state treasurer for deposit in
accordance with subsection (p) of this section; and six dollars ($6.00) of
such fee shall be paid to the county treasurer who shall, within five (5) days
after the end of the month, pay such fees to the state treasurer for deposit
in the senior magistrate judges fund.
    (e)  A fee of nine dollars ($9.00) shall be paid by the person or persons
required to make an account pursuant to either chapter 11 or chapter 18, title
15, Idaho Code, at the time such account is filed. All of such fee shall be
paid to the county treasurer for deposit in the district court fund of the
county.
    (f)  A fee of twenty-five dollars ($25.00) shall be paid upon the filing
of a petition of the executor or administrator or of any person interested in
an estate for the distribution of such estate, six dollars ($6.00) of such fee
shall be paid to the county treasurer for deposit in the district court fund
of the county; thirteen dollars ($13.00) of such fee shall be paid to the
county treasurer who shall pay such fees to the state treasurer for deposit in
accordance with subsection (p) of this section; and six dollars ($6.00) of
such fee shall be paid to the county treasurer who shall, within five (5) days
after the end of the month, pay such fees to the state treasurer for deposit
in the senior magistrate judges fund.
    (g)  A fee of thirteen dollars ($13.00) shall be paid by an intervenor
upon making an appearance in any civil action in the district court or in the
magistrate's division of the district court. Seven dollars ($7.00) of such fee
shall be paid to the county treasurer for deposit in the district court fund
of the county; and six dollars ($6.00) of such fee shall be paid to the county
treasurer who shall, within five (5) days after the end of the month, pay such
fees to the state treasurer for deposit in the senior magistrate judges fund.
    (h)  A fee of fourteen dollars ($14.00) shall be paid by a party filing a
third party claim as defined in the Idaho Rules of Civil Procedure. Eight
dollars ($8.00) of such fee shall be paid to the county treasurer for deposit
in the district court fund of the county; and six dollars ($6.00) of such fee
shall be paid to the county treasurer who shall, within five (5) days after
the end of the month, pay such fees to the state treasurer for deposit in the
senior magistrate judges fund.
    (i)  A fee of fourteen dollars ($14.00) shall be paid by any party filing
a cross-claim. Eight dollars ($8.00) of such fee shall be paid to the county
treasurer for deposit in the district court fund of the county; and six
dollars ($6.00) of such fee shall be paid to the county treasurer who shall,
within five (5) days after the end of the month, pay such fees to the state
treasurer for deposit in the senior magistrate judges fund.
    (j)  A fee of nine dollars ($9.00) shall be paid by a party initiating a
change of venue. Such fee shall be paid to the clerk of the court of the
county to which venue is changed. All of such fee shall be paid to the county
treasurer for deposit in the district court fund of the county.
    (k)  A fee of fifteen dollars ($15.00) shall be paid by any party
appearing after judgment or applying to reopen a case. Nine dollars ($9.00) of
such fee shall be paid to the county treasurer for deposit in the district
court fund of the county; and six dollars ($6.00) of such fee shall be paid to
the county treasurer who shall, within five (5) days after the end of the
month, pay such fees to the state treasurer for deposit in the senior
magistrate judges fund. A fee of thirty-eight dollars ($38.00) shall be paid
by a party applying to reopen a divorce action or modify a divorce decree,
with seventeen dollars ($17.00) of the fee to be paid to the county treasurer
for deposit in the district court fund of the county; fifteen dollars ($15.00)
of such fee to be paid to the county treasurer who shall pay such fees to the
state treasurer for deposit in accordance with subsection (p) of this section;
and six dollars ($6.00) of such fee to be paid to the county treasurer who
shall, within five (5) days after the end of the month, pay such fees to the
state treasurer for deposit in the senior magistrate judges fund.
    (l)  A fee of fifteen dollars ($15.00) shall be paid by a party taking an
appeal from the magistrate's division of the district court to the district
court; and six dollars of such fee shall be paid to the county treasurer who
shall, within five (5) days after the end of the month, pay such fees to the
state treasurer for deposit in the senior magistrate judges fund. No
additional fee shall be required if a new trial is granted. All of such fee
shall be paid to the county treasurer for deposit in the district court fund
of the county.
    (m)  A fee of fifteen dollars ($15.00) shall be paid by the party taking
an appeal from the district court to the supreme court for comparing and
certifying the transcript on appeal, if such certificate is required. Nine
dollars ($9.00) of such fee shall be paid to the county treasurer for deposit
in the district court fund of the county; and six dollars ($6.00) of such fee
shall be paid to the county treasurer who shall, within five (5) days after
the end of the month, pay such fees to the state treasurer for deposit in the
senior magistrate judges fund.
    (n)  Fees not covered by this section shall be set by rule or
administrative order of the supreme court.
    (o)  All fees required to be paid by this section or by rule or
administrative order of the supreme court shall be collected by the clerk of
the district court or by a person appointed by the clerk of the district court
for this purpose. If it appears that there is a necessity for such fees to be
collected by persons other than the clerk of the district court or a person
designated by the clerk for such purpose, the supreme court by rule or
administrative order may provide for the designation of persons authorized to
receive such fees. Persons so designated shall account for such fees in the
same manner required of the clerk of the district court and shall pay such
fees to the clerk of the district court of the county in which such fees are
collected.
    (p)  That portion of the filing fees required to be remitted to the state
treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of
this section shall be apportioned eighty-six percent (86%) to the state
general fund and fourteen percent (14%) to the peace officers standards and
training fund authorized in section 19-5116, Idaho Code, within five (5) days
after the end of the month in which such fees were remitted to the county
treasurer. That portion of the filing fees required to be remitted to a city
treasurer for deposit in the city's general fund shall be remitted within five
(5) days after the end of the month in which such fees were remitted to the
county treasurer.
    (q)  Of the fees derived from the filing of any divorce action required to
be transmitted to the state treasurer, the county treasurer shall retain five
dollars ($5.00), which shall be separately identified and deposited in the
district court fund of the county. Such moneys shall be used exclusively for
the purpose of establishing a uniform system of qualifying and approving
persons, agencies or organizations to conduct evaluations of persons convicted
of domestic assault or battery as provided in section 18-918, Idaho Code, and
the administration of section 18-918(7), Idaho Code, relating to the
evaluation and counseling or other treatment of such persons, including the
payment of the costs of evaluating and counseling or other treatment of an
indigent defendant. No provision of chapter 52, title 39, Idaho Code, shall
apply to the moneys provided for in this subsection.
    (r)  In consideration of the aforesaid fees the clerk of the district
court shall be required to perform all lawful service that may be required of
him by any party thereto; provided, that he shall not prepare and furnish any
certified copy of any file or record in an action except printed transcript on
appeal, without additional compensation as provided by law.