Maryland Courts and Judicial Proceedings Section 7-301

Article - Courts and Judicial Proceedings

§ 7-301.

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      The court costs in a traffic case, including parking and impounding cases and cases under § 21-202.1 of the Transportation Article in which costs are imposed, are $22.50. Such costs shall also be applicable to those cases in which the defendant elects to waive his right to trial and pay the fine or penalty deposit established by the Chief Judge of the District Court by administrative regulation. In an uncontested case under § 21-202.1 of the Transportation Article or uncontested parking or impounding case in which the fines are paid directly to a political subdivision or municipality, costs are $2.00, which costs shall be paid to and retained by the political subdivision or municipality. In an uncontested case in which the fine is paid directly to an agency of State government authorized by law to regulate parking of motor vehicles, the costs are $2.00. The fine and the costs shall be paid to the agency, which shall receive and account for these funds as in all other cases involving sums due the State through a State agency.

      (b)      (1)      The court costs in a criminal case in which costs are imposed are $22.50.

            (2)      The costs shall be in addition to any costs imposed in a criminal case under the Criminal Injuries Compensation Act.

      (c)      (1)      The filing fees and costs in a civil case are those prescribed by law subject to modification by law, rule, or administrative regulation.

            (2)      Except as provided in paragraph (3) of this subsection, the Chief Judge of the District Court shall assess a surcharge that:

                  (i)      May not be more than:

                        1.      $5 per summary ejectment case; and

                        2.      $10 per case for all other civil cases; and

                  (ii)      Shall be deposited into the Maryland Legal Services Corporation Fund established under § 7-408 of this title.

            (3)      (i)      In addition to the surcharge assessed under paragraph (2) of this subsection, the Chief Judge of the District Court shall assess a surcharge for summary ejectment cases filed in Baltimore City that may not be more than $4 per case.

                  (ii)      The revenue generated from the surcharge on filing fees for summary ejectment cases collected by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be:

                        1.      Remitted quarterly to the Baltimore City Director of Finance; and

                        2.      Used to fund salary increases for the Baltimore City deputy sheriffs, deputy sheriff sergeants, and deputy sheriff lieutenants under § 2-309(d) of this article.

            (4)      The Court of Appeals may provide by rule for waiver of prepayment of filing fees and other costs in cases of indigency.

      (d)      When a person pays court costs or a fine with a check in any motor vehicle, criminal, or civil case in the District Court, and the check is returned to the court by the financial institution on which it is drawn because of insufficient funds in the account, or because the account has been closed or never existed, then the court may impose additional costs of $10 against the party issuing the check. These costs shall be in addition to any other penalty now prescribed by law.

      (e)      The Comptroller shall annually pay from the court costs collected by the District Court under subsections (a) and (b)(1) of this section:

            (1)      $500,000 into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article; and

            (2)      $125,000 into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article.

// SPECIAL NOTE: THE ABOVE SECTION WAS CHANGED BY CHAPTER 516 OF 2005 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2007 //

      (a)      The court costs in a traffic case, including parking and impounding cases and cases under § 21-202.1 of the Transportation Article in which costs are imposed, are $22.50. Such costs shall also be applicable to those cases in which the defendant elects to waive his right to trial and pay the fine or penalty deposit established by the Chief Judge of the District Court by administrative regulation. In an uncontested case under § 21-202.1 of the Transportation Article or uncontested parking or impounding case in which the fines are paid directly to a political subdivision or municipality, costs are $2.00, which costs shall be paid to and retained by the political subdivision or municipality. In an uncontested case in which the fine is paid directly to an agency of State government authorized by law to regulate parking of motor vehicles, the costs are $2.00. The fine and the costs shall be paid to the agency, which shall receive and account for these funds as in all other cases involving sums due the State through a State agency.

      (b)      (1)      The court costs in a criminal case in which costs are imposed are $22.50.

            (2)      The costs shall be in addition to any costs imposed in a criminal case under the Criminal Injuries Compensation Act.

      (c)      (1)      The filing fees and costs in a civil case are those prescribed by law subject to modification by law, rule, or administrative regulation.

            (2)      The Chief Judge of the District Court shall assess a surcharge that:

                  (i)      May not be more than:

                        1.      $5 per summary ejectment case; and

                        2.      $10 per case for all other civil cases; and

                  (ii)      Shall be deposited into the Maryland Legal Services Corporation Fund established under § 7-408 of this title.

            (3)      The Court of Appeals may provide by rule for waiver of prepayment of filing fees and other costs in cases of indigency.

      (d)      When a person pays court costs or a fine with a check in any motor vehicle, criminal, or civil case in the District Court, and the check is returned to the court by the financial institution on which it is drawn because of insufficient funds in the account, or because the account has been closed or never existed, then the court may impose additional costs of $10 against the party issuing the check. These costs shall be in addition to any other penalty now prescribed by law.

      (e)      The Comptroller shall annually pay from the court costs collected by the District Court under subsections (a) and (b)(1) of this section:

            (1)      $500,000 into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article; and

            (2)      $125,000 into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article.



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