Title 22A
Introduction
Title 22A contains, in sections 22A:1-1.1 through 22A:2-44, the general fees pertaining to civil actions and probate actions and, in sections 22A:3-4 through 22A:3-6, the general fees pertaining to criminal actions.
The updating of this Title has been inconsistent. Certain sections of the Title, the filing fees for the Courts and the CountyClerks, for example, have remained current. Other sections, including those pertaining to the service of subpoenas and the costs awarded in various courts, however, have not been updated. One example of this is the mileage reimbursement rate which, in New Jersey, is still $0.04/mile. If the focus of the Legislature is maintaining the level of filing fees and similar items in this group of statutes, then the other sections may be appropriate for removal to avoid confusion. If those other sections are to remain a part of the statute, then it appears appropriate to update them to include rational fees and current terminology.
A brief comparison of the New Jersey fees with those imposed by the states of Delaware, Connecticut, New York and Pennsylvania (with those states ranked in order from highest fees to lowest) suggests that New Jersey’s fees are among the highest.
Some of the sections included in the present statute have been proposed for removal as anachronistic, others have been reorganized. Initially, the many smaller sections were consolidated into several larger sections of the statute. The level of consolidation, however, did not make the statute easier to read, or make it simpler to locate provisions of interest. The statute has been reorganized again for this draft in an effort to develop a flow from the inception of an action through the conclusion. More work needs to be done in that area, but this draft represents the initial effort. Other changes to the statute were made in response to comments received. There remains work to be done on this project. Significant changes to the language would improve the section. To this time, however, the focus has been on the structure and substance of the section. In addition, the sections of the statute pertaining to probate have not been revised yet, and will be for the next draft.
General – Applicable to All Sections
22A:1-1a. Definitions
- First Paper:
b.Motion:
c.Poverty:
COMMENT
This section is new. Terms that require definition will be included here. The above terms were suggested for inclusion. It appears that instead of defining “first paper” it might be easier to simply use an alternate, more descriptive term in the statute since this one seems to be causing unnecessary confusion.
It does not seem that motion needs to be defined here as it is defined elsewhere. Poverty is not defined in 22A:1-7, although it is used there, and a definition might be useful.
General Civil
22A:1-7.General provisions regarding fees
a.The payment of any fees to any court or clerk thereof may be waived or dispensed with by the court when any party, by reason of poverty, seeks relief therefrom.
b.The collection of any fee provided for by this chapter may be waived in particular circumstances by general rule or special order of the Supreme Court, or by an order of any court made pursuant to authority granted by a rule of the Supreme Court.
c.No charge shall be made by the Clerk of any Court for the filing of any paper or the rendering of any service for which a fee is provided by this chapter when the party filing the paper or requesting the service is a State officer paid from State funds and conducting State business, or a State department, board, body or commission.
d.Whenever any duly authorized ethics committee of a County or State bar association which has been recognized as such by the Supreme Court, shall make any application pursuant to the Rules of the Supreme Court, the clerk of the court shall issue process of subpoena, or any further orders, without requiring the payment of any fee.
e. Attorneys for the respective parties shall be liable and responsible for all fees charged by the Clerk of the Supreme Court and the Clerk of the SuperiorCourt, unless the court otherwise directs.
History of (a): L.1953, c. 22, p. 381, s. 11.
History of (b): L.1953, c. 22, p. 397, s. 11.
History of (c): L.1953, c. 22, p. 397, s. 11.
History of (d): L.1953, c. 22, p. 384, s. 11.
History of (e): L.1953, c. 22, p. 397, s. 11.
COMMENT
Subsection (a) remains substantively unchanged and no change is contemplated. Subsections (b) (the former 22A:2-23), (c) (the former section 22A:2-22), (d) (the former section 22A:2-4) and (e) (the former 22A:2-21) remain substantively unchanged (although the language was updated slightly) and no further change is contemplated.
The question has been raised as to who will pay for things like fees for service and advertising if the Court is able to waive those fees.
22A:2-7.Filing fees for first paper, payable to Superior Court Clerk
The amount to be paid to the Clerk for the filing of the first paperin any action, except in probate cases, in the Law Division or the Chancery Division of the Superior Court, which shall cover all fees payable in that actionthrough and including, entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except as may be otherwise provided herein, by law, or by the rules of court:
a.The plaintiff, 250.
b.By any person filing an answer with a counterclaim or a third party claim, 250.
c.By any person other than the plaintiff filing any other paper, $135.
d.Filing of the first paper in any motion, petition or application, if not in a pending action or if made after dismissal or judgment entered other than withdrawal of money deposited in court, $30.
History of (a)(1) and (b): L.1953, c.22, s.11; amended 1957, c.224; 1965, c.123, ss.7,11; 1967, c.113; 1980, c.58, s.2; 1985, c.422, s.4; 2001, c.370, s.2; 2002, c.34, s.31; 2004, c.108, s.3.
COMMENT
The word “proceeding” was eliminated in the first sentence as redundant and potentially confusing.
The fee for the filing of the first paper (set forth in subsection (b) was raised to $250 to make the initial filing in most of the Courts consistent and the motion fee was already the same in the Supreme Court and the Appellate Division as it is in the Law and Chancery Divisions.
The Chancery Division language was imported from Sections 22A:2-12 and 22A:2-13 so that the Law Division and Chancery Division sections could be combined. It appears that continuing the practice of separate provisions for those two Divisions was more a historical artifact than a practical necessity, so they have been combined in this section. The underlined language in the second subsection is probably unnecessary since the reference is made to proceedings in the Chancery Division, but was included to make it clear that all Superior Court proceedings other than probate proceedings were covered by this section. The fee for the filing of the first paper was raised to $250 to make the initial filing in most of the Courts consistent.
22A:2-7a. Filing fees for other papers, payable to Superior Court Clerk
Upon the filing, entering, docketing or recording of the following papers or documents by any party to any action in the Law Division or the Chancery Division of the Superior Court, the partyshall pay to the clerk the following fees:
a.Motion, $30.
b. Withdrawal of money deposited in court where the sum to be withdrawn is:
(1)less than $100, no fee;
(2)$100 or more but less than $1,000, $5;
(3)$1,000 or more, $10.
c.Entering judgment on bond and warrant by attorney and issuance of one final process, or recording of judgment in the civil judgment and order docket,or satisfaction of judgment or other lien, $35 .
d.Docketing judgments or orders from other courts or divisions except from the Special Civil Part, $35 except that no fee shall be paid by any municipal court to docket a judgment of conviction and amount of assessment, restitution, fine, penalty or fee pursuant to subsection a. of 2C:46-1.
e.Docketing judgments or orders from the Special Civil Part,$10.
f.Affixing the seal of the Court to any document;an exemplification; a warrant of satisfaction; a master’s certificate certifying the master’s appointment; recording assignment of judgment or release;issuing and recording executions (except as otherwiseprovided); or signing and issuing subpoena, $5.
g.Recording of instruments not otherwise provided for in this article,or all other papers or services by the clerk, $5.
h.Bonds, bail, recognizances:
(1)Recording all official bonds with
acknowledgment and proof of the execution
thereof$9$10
(2)Filing all papers related to recognizance or
civil bail$30
(3)Filing discharge, attachment bond$9$10
(4)Filing and recording filiation bond$9$10
(5)Filing satisfaction of or order discharging
filiation bond$9$10
(6)Recording or discharging sheriff's bond$9$10
i.Commissions on appeals accounts and deposits for security for costs- 2% on $100 or less; 1 1/2% on any excess of $100.
j.Commissions on paying out trust fund accounts (including all funds, moneys or other assets brought into and deposited in court)-2 1/2% on the first $100; 2% on the next $900; 1 1/2% on the excess over $1,000.
History of (c): L.1953, c.22, s.11; amended 1975, c.340, s.1; 1991, c.177, s.7 and s.12; 1993, c.275, s.11; 1994, c.81, s.1; 1995, c.135, s.10; 2002, c.34, s.27.
History of (h): L.1953, c.22,s.11; amended 1963, c.162; 1977, c.57, s.2; 1988, c.109, s.1; 2001, c.370, s.3; 2005, c.370, s.14
COMMENT
In Subsection (c)(3), the fee for entering a judgment on the bond and warrant by an attorney was increased to match the fee set forth for what seems to be the same thing in 22A:2-29 and to match the fee for docketing or recording of a judgment.
In Subsection (c)(11), the fee for filing and entering a recognizance of civil bail was increased to $30 to match the fee for filing and entering a recognizance set forth in Section 22A:2-29. Research is needed to determine if this is still valid.
The former Section 22A:2-20 has been consolidated here as parts of subsections (c) - (j).
The language pertaining to bonds, bail, and recognizances shown in subsection (h) were formerly a part of Section 22A:2-29. They were included in this section as a part of the division of the former 2-29 into fees payable to the Superior Court and fees payable to the CountyClerk as a result of discussions with a sampling of CountyClerk’s offices.
22A:2-37.1.Special Civil Part of Superior Court, Law Division and in civil actions in municipal courts, fees; use.
a. In civil causes, in municipal courts, all filing fees and other charges, all fees of constables, jurors, attorneys and appraisers, and all costs shall be the same as are provided by law for similar services in the Superior Court, Law Division, Special Civil Part.
b.In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1)Filing of small claim or complaint in
tenancy, one defendant$1525
Each additional defendant$25
(2)(A) Filing of complaint or other initial pleading
containing a counterclaim, cross-claim or third
party complaint in all other civil actions,
whether commenced without process or by
summons, capias, replevin or attachment
where the amount exceeds the small claims
monetary limit, one defendant$50
(B)Each additional defendant$25
(C) Filing of complaint or other initial pleading
containing a counterclaim, cross-claim or third
party complaint in all other civil actions,
whether commenced without process or by
summons, capias, replevin or attachment
where the amount does not exceed the
small claims monetary limit, one defendant$3235
(D)Each additional defendant$25
(3)Filing of appearance or answer to a complaint
or third party complaint in all matters except
small claims$15
(4)Service of Process:
(A) Summons by mail, each defendant$45
(B)Summons by mail, each defendant at place
of business or employment with postal
instructions to deliver to addressee only,
additional fee$45
(C)Reservice of summons by mail, each
defendant$45
(D)Reservice of summons or other original
process by court officer, each defendant $3 5 plus
mileage
(E)Substituted service of process by the
clerk upon the Chief Administrator of the
New Jersey Motor Vehicle Commission$10
Plus postage$45
(5)Mileage of court officer in serving or executing any
process, writ, order, execution, notice, or warrant, the
distance to be computed by counting the number of
miles in and out, by the most direct route from the
place where process is issued, at the same rate per
mile set by the State for other State employees and
the total mileage fee rounded upward to the nearest dollar.
(6)Jury of six persons$50
(7)Warrant for possession in tenancy$15
(8) Warrant to arrest, commitment or writ of capias
ad respondendum, each defendant$15
(9)Writ of execution or an order in the nature of
execution, writs of replevin and attachment
issued subsequent to summons$5
(10)For advertising property under execution or
any order$10
(11)For selling property under execution or any order$10
(12)Exemplified copy of judgment:
(A)Two pages$5
(B)Each additional page$1
L.1991,c.177,s.14; amended 1993, c.275, s.13; 1996, c.52, s.5; 2000, c.129, s.1; 2002, c.34, s.32; 2003, c.259, s.1.
COMMENT
Section 22A:2-43 has been consolidated with this section. This section remains substantially unchanged but subsection lettering and numbering has been inserted for ease of reference. This section appears to be unnecessarily repetitive, as the bulk of the fees are unchanged, so it seems that much of the duplicative language could be removed without interfering with the substance of the section, which is to indicate that there were small changes to the fees associated with the service of process. Modest changes to some of the fees have been made simply to make the charges multiples of $5. The distinction in the fee for the first defendant in an action and any subsequent defendant has been removed as unnecessary.
Subsection (b) was changed to delete references to fees effective before and after five years from the effective date of amendments to the statute in 2003. The assumption is made that any changes to the statute as a result of this project would be effective after the time that the new fee structure was to be implemented, so that language is included here as (b)(4).
22A:1-1.1. Payment of juror fees
a.Every person serving as a juror in New Jersey courts, whether as a grand or petit juror, shall receive, for each day's attendance at such courts, the sum of $5.
b.In addition to the amounts received pursuant to subsection a. of this section,each person serving as a juror, other than a person compensated pursuant to 2B:20-16, shall be paid $35 for each consecutive day of attendance in excess of two days. For the purposes of this subsection, "consecutive" days of attendance shall be counted excluding Saturdays, Sundays, State holidays and days when a trial is in recess.
c.The Assignment Judge of the vicinage shall designate the method of juror payment. The Assignment Judge shall keep an account of all juror fees paid under this section and provide each juror with a statement of the number of days the juror served and the amount of fees to which the juror is entitled.
L.1993, c.275, s.19; amended 2001, c.38, s.1.
COMMENT
This section remains substantially unchanged. A review of the laws of other states will be conducted to determine what jurors in other states are paid. It is noted that while this section of the statute was updated fairly recently, the $5 per diem for jurors would not even be sufficient to enable a juror to purchase a lunch for him or herself in or near most of the courthouses in the State, thus there does not seem to be a point to retaining this language. A quick survey will be done of surrounding states in an effort to determine what other states do about compensation for jury service.
22A:1-4. Fees and mileage of witnesses and others
a.Witnesses required to attend: a court; a committee of the Legislature, which was, by resolution, directed to conduct an investigation or inquiry; a commissioner or commissioners; a master; a referee; an arbitrator; an officer taking a deposition; or any proceeding issuing out of any court; shall be entitled to the following fees:
1.For attendance at one of the above-referenced proceedings in the witnesses county of residence, $25.
2.For attendance at one of the above-referenced proceedings in a county other than the witnesses county of residence, $45.
b.This fee shall not be paid when the witness is attending the proceeding as a governmental agent and the hearing is before a legislative committee or a governmental agency is a party to the proceeding.
COMMENT
This section was initially proposed for elimination on relevance grounds. The reimbursement in the current statute is so low as to be nearly meaningless and bears no relation to what witnesses who demand or require compensation will be compensated. The per diem for witnesses would not likely even cover parking costs for the witness, let alone the cost of transportation to and from the facility at which they are required to appear. Informal comments from the AOC, however, suggested that it is important to retain this section, but that the calculation of mileage for this purpose can be prohibitively complex, so the suggestion was made to incorporate a flat rate for witness compensation.
Subsection (b) is new. It replaces current statutory language which calls for the compensation of the secretary of State or a clerk who appears as a witness. The language was changed and requires comment is needed and because it is not clear why an individual attending on behalf of the State, county or municipality who will be compensated by his or her department, should receive additional compensation from the party compelling attendance.
22A:2-14. Guardian ad litem;appointment after default in Chancery Division;compensation
When a guardian ad litem is appointed after default in the Chancery Divisionof the Superior Court, such guardian shall be paid $5 for hiscompensation and no more, unless the court shall otherwise orderthe amount ordered by the Court. The attorneyfor the moving party shall pay the said sum to the guardian ad litem, soappointed, at the time when a copy of such order is served upon the guardian adlitem.