2006 New York Code - County Clerks As Clerks Of Court.



 
    §  8020.  County  clerks  as  clerks of court. Whenever a county clerk
  renders a service in his capacity as clerk of the supreme  or  a  county
  court,  in  an  action pending in such court, he is entitled to the fees
  specified in this section, payable in advance.
    (a) Placing cause on calendar. For placing a cause on a  calendar  for
  trial  or  inquest, one hundred twenty-five dollars in the supreme court
  and county court; except that where rules of the chief administrator  of
  the  courts  require that a request for judicial intervention be made in
  an action pending in supreme court or county  court,  the  county  clerk
  shall  be  entitled  to  a  fee of ninety-five dollars, payable before a
  judge may be assigned pursuant to  such  request,  and  thereafter,  for
  placing  such  a  cause  on  a calendar for trial or inquest, the county
  clerk shall be entitled to an additional fee of thirty dollars,  and  no
  other fee may be charged thereafter pursuant to this subdivision; except
  that  the  county clerk shall be entitled to a fee of forty-five dollars
  upon the filing of each motion or cross motion in such action.  However,
  no  fee  shall be imposed for a motion which seeks leave to proceed as a
  poor person pursuant to subdivision (a) of section eleven hundred one of
  this chapter.
    (b) Calendar fee for  transferred  cause,  joint  trial,  retrial,  or
  separate  trial.  Where a cause which has been placed upon a calendar is
  transferred before trial to a court for which a larger calendar  fee  is
  prescribed, the difference in calendar fee shall be paid at the time the
  cause  is  placed  upon the calendar of the latter court, except that no
  additional fee shall be required when the action is transferred for  the
  purpose  of  consolidation  or  trial  jointly  with  another action. No
  separate calendar fee shall be imposed for a retrial of a cause  or  for
  the trial of a separate issue in a cause.
    (c) Filing demand for jury trial. For filing a demand for a jury trial
  in  the  following  counties,  where  the  right to a jury trial is duly
  demanded:
    1. in the counties within the city of New York, sixty-five dollars  in
  the supreme court;
    2.  in all other counties, sixty-five dollars in the supreme court and
  county court.
    (d) Filing a stipulation of settlement or a voluntary  discontinuance.
  For  filing  a  stipulation  of  settlement  pursuant to rule twenty-one
  hundred four of this chapter or a notice,  stipulation,  or  certificate
  pursuant to subdivision (d) of rule thirty-two hundred seventeen of this
  chapter, the defendant shall file and pay:
    1. in the counties within the city of New York, thirty-five dollars in
  the supreme court.
    2. in all other counties, thirty-five dollars in the supreme court and
  county court.
    Provided,  however,  that  only one such fee shall be charged for each
  notice, stipulation or certificate filed pursuant to this subdivision.
    (e) Jury fee for transferred cause, joint trial, retrial  or  separate
  trial.  Where  a  cause in which a jury has been demanded is transferred
  before trial to a court for which a larger jury fee is  prescribed,  the
  difference in the jury fee shall be paid at the time the cause is placed
  upon  the  calendar  of  the latter court, except that no additional fee
  shall be required when the action is  transferred  for  the  purpose  of
  consolidation  or  trial jointly with another action in which a jury fee
  has previously been paid. No separate jury fee shall be  imposed  for  a
  retrial of a cause or for the trial of a separate issue in a cause.
    (f) Certification, exemplification, and copies of papers.
    1.  For  issuing  any  certificate, in counties within the city of New
  York, eight dollars, and in all other counties, four dollars, except  as
  otherwise expressly provided in this article.
    2.  For  a certificate of exemplification, exclusive of certification,
  in counties within the city of New York, twenty-five dollars, and in all
  other counties, ten dollars.
    (g) Searches. For certifying to a search of any court  records  for  a
  consecutive  two-year  period  or  fraction  thereof,  for  each name so
  searched, five dollars.
    (h) Production of court records. For  each  day  or  part  thereof  in
  attendance  in  any  action  pursuant  to a subpoena duces tecum, twenty
  dollars, and in addition thereto, mileage fees of twelve cents per  mile
  each way and the necessary expenses of the messenger, except that if the
  subpoena  duces  tecum  be  served  within the city of New York, and the
  place of attendance  is  within  the  city  of  New  York,  then  actual
  transportation costs shall be charged instead of the mileage fees.

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