Johnson, Nels G.

English

UND Scholarly Commons (University of North Dakota)

North Dakota Law Review Volume 23 Number 3 Article 13 1947 Filing Fees in County Courts of Increased Jurisdiction Nels G. Johnson Follow this and additional works at: https://commons.und.edu/ndlr  Part of the Law Commons Recommended Citation Johnson, Nels G. (1947) "Filing Fees in County Courts of Increased Jurisdiction," North Dakota Law Review: Vol. 23 : No. 3 , Article 13. Available at: https://commons.und.edu/ndlr/vol23/iss3/13 This Comment is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact und.commons@library.und.edu. BAR BRIEFSFILING FEES IN COUNTY COURTS OF INCREASED JURISDICTIONMay 15, 1947Mr. Roy A. Ilvedson, JudgeWard County Court of Increased JurisdictionMinot, North DakotaDear Judge Ilvedson:This will acknowledge your letter of May 8, 1947, with reference to thefiling fees that are now required in civil actions in a county court withincreased jurisdiction.You cite section 27-0814 of the 1943 Revised Code, which deals withthe fees to be charged by the clerk of a county court with increased juris-diction.It is my thought that except insofar as that section modifies the feesprescribed in section 11-1704, the fees generally prevailing and set forth insection 11-1704 apply to a county court with increased jurisdiction as wellas in the district court.You point to the language of section 27-0814 which states: "The clerk ofa county court with increased jurisdiction-shall charge and collect the samefees prescribed in section 11-1704 except that:**" as a possible indicationof the fact that the same filing fee prevails in a civil action in a countycourt with increased jurisdiction as in district court.It appears to me from section 27-0814 that the filing fee for a civilaction in a county court with increased jurisdiction shall be $3.00 andadditional fees, which I would assume are based upon the provisions ofsection 11-1704, as therein enumerated. It is clear that for a default judg-ment the fee is only $1.50, for all services rendered in connection with theaction prior to execution.It appears to me that section 27-0814 of the 1943 Revised Code does sctthe filing fees of a county court with increased jurisdiction. This thoughtseems to be strengthened by the fact that the section does set forth asfollows: "Upon his entry of judgment in any civil action, the clerk shallrefund to the proper party the amount of all moneys deposited with him inexcess of his legal fees accrued in said action.I am very reluctant to extend by implication the provisions of SenateBill 151 dealing with the filing fees as increased in the supreme court andin the district court. Senate Bill 151 does not refer to section 27-0814 of the1943 Revised Code and does not, as I view the law, change the contentsthereof. Only that portion of section 11-1704, included under subsection 1,was modified by section 3 of Senate Bill 151, and that deals with filing feesin district court.It is, therefore, my opinion that the filing fees for the filing of a civilaction in a county court with increased jurisdiction is $3.00, or such addi-tional fees as may be necessary for special services rendered, as are enum-erated in section 11-1704 under the subsections thereof with the exceptionof subsection 1, and that Senate Bill 151 does not apply to the filing fees ofa county court with increased jurisdiction.It is further by opinion that insofar as section 27-0814 of the 1943Revised Code refers to the same fees as prescribed by section 11-1704, thathas reference only to those fees not enumerated in said section 27-0814.Yours very truly,NELS G. JOHNSONAttorney GeneralNGJ:mg

Filing Fees in County Courts of Increased Jurisdiction

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Filing Fees in County Courts of Increased Jurisdiction

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