Introduction Certain sections of this Title, the filing fees for the Courts and the County Clerks, 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. 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. The sections in question are included below. No changes have been made to this time. They are supplied simply for the convenience of the Commission. 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 N.J.S.2B:20-16, shall be paid $35 for each consecutive day of attendance in excess of three 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. 22A:1-4. Fees and mileage of witnesses and others Witnesses and others hereinafter mentioned shall be entitled to the following fees: Each witness attending any of the following, in his own county, per day of attendance, $2.00; a court; a joint committee of the Legislature, a standing committee of either house or any special committee, which shall have been, by resolution, directed to enter upon any investigation or inquiry, the purpose of which shall necessitate sending for persons and papers and the examination of witnesses; a commissioner or commissioners; a master; a referee; an arbitrator; an officer taking a deposition; or any proceeding issuing out of any court. Each witness so attending from a foreign county, at the rate of $2.00 a day, together with, for each day of attendance, an allowance of $2.00 for every 30 miles of travel in going to the place of attendance from his place of residence and in returning. For the Secretary of State, or any clerk attending on subpoena, with records, wills or other written evidence, at the rate of $2.00 a day, and mileage as aforesaid. L.1953, c. 22, p. 380, s. 11. Amended by L.1968, c. 213, s. 1, eff. July 24, 1968; L.1971, c. 2, s. 10, eff. Jan. 15, 1971. - 1 -
22A:1-5. Fees and mileage for service of subpoenas ad testificandum For the service of subpoenas ad testificandum issued out of any of the courts of this State, there shall be allowed and paid as follows: Serving each subpoena, thirty-five cents ($0.35). Mileage, computed from the place where the subpoena is made returnable, for each mile actually traveled, four cents ($0.04). The provisions of this section shall not apply to cases in behalf of the State where the officer serving such process is paid a salary or per diem. L.1953, c. 22, p. 381, s. 11. 22A:1-6. Mileage for serving writs; computation For serving a writ out of any court, no officer shall be allowed to receive or charge for mileage upon any greater number of miles from and to the courthouse of his county than shall have been actually and necessarily traveled by him in making such service. L.1953, c. 22, p. 381, s. 11. 22A:1-7. Payment of fees dispensed with by reason of poverty The payment of any fees to any court or clerk thereof may be waived or dispensed with by the court when a plaintiff, defendant, appellant, respondent, or other party, by reason of poverty, seeks relief therefrom. L.1953, c. 22, p. 381, s. 11. 22A:2-1. Fees of clerk of supreme court For services hereinafter mentioned, the Clerk of the Supreme Court shall be entitled to demand and receive the following fees: Upon the filing or entering of the notice of appeal, notice of cross-appeal or notice of petition for certification, notice of cross-petition for certification or notice of petition for review, the appellant, cross-appellant, petitioner or cross-petitioner shall pay $200.00. Upon the filing of the first paper in any motion, petition or application (including an order if it be the first paper), if not in a pending cause or if made after judgment entered, the moving party shall pay $30.00 shall cover all fees payable on such motion, petition or application down to and including filing and entering the order therein and taxation of costs. L.1953, c.22, s.11; amended 1991, c.177, s.5; 1996, c.52, s.1; 2002, c.34, s.25. 22A:2-2. Costs in Supreme Court; counsellor's fees Unless the court shall, in express terms, adjudge to the contrary, costs awarded in the Supreme Court shall be as follows: Counsellors prevailing on a contested motion, petition (except a petition for certification) or application, whether or not in a pending cause, shall be entitled to a fee of ten dollars ($10.00) against the opposing parties; - 2 -
For arguing a cause before the Supreme Court, counsellors shall be entitled to a fee of twenty-five dollars ($25.00); Counsellors prevailing in opposition to a petition for certification, shall be entitled to a fee of ten dollars ($10.00); All filing fees paid to the clerk of the court. No costs shall be taxed for more than one counsellor on each side. L.1953, c. 22, p. 385, s. 11. 22A:2-3. Order for payment of expenses The Supreme Court may by general rule, or by a special rule in any action pending therein, make such order for the payment of the cost of the transcript and of printing the briefs, appendices, and other proceedings, and other disbursements and expenses by either party, and the taxation and allowance thereof in the bill of costs, as the court may deem just. L.1953, c. 22, p. 385, s. 11. 22A:2-4. Ethics committees; process or orders without fees 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 said court shall issue process of subpoena, or any further orders pursuant to said rules, without requiring the payment of any fee for the same. L.1953, c. 22, p. 384, s. 11. 22A:2-5. Appellate Division; fees, costs and allowances In the Appellate Division of the Superior Court, the same fees, costs and allowances shall be paid and allowed as are provided with respect to the Supreme Court by this article. L.1953, c. 22, p. 386, s. 11. 22A:2-6. Filing first paper in Law Division; motions; clerk's fees Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk $200.00 for the first paper filed by him, which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk $200.00 for the first paper filed by him. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk $135.00 for the first paper filed by him. Any person filing a motion in any action or proceeding shall pay to the clerk $30.00. L.1953, c.22, s.11; amended 1955, c.6, s.1; 1965, c.76, s.1; 1968, c.124, s.1; 1970, c.107, ss.1,6; 1980, c.80, s.1; 1991, c.177, s.6; 1993, c.275, s.10; 1996, c.52, s.2; 2002, c.34, s.26. - 3 -
22A:2-7. Law division of Superior Court; other fees; use a. Upon the filing, entering, docketing or recording of the following papers, documents or proceedings by either party to any action or proceeding in the Law Division of the Superior Court, the party or parties filing, entering, docketing or recording the same shall pay to the clerk of said court the following fees: Filing of the first paper in any motion, petition or application, if not in a pending action or proceeding under section 22A:2-6 of this Title, or if made after dismissal or judgment entered other than withdrawal of money deposited in court, the moving party shall pay $30.00 which shall cover all fees payable on such motion, petition or application down to and including filing and entering of order therein and taxation of costs. For withdrawal of money deposited in court where the sum to be withdrawn is less than $100.00, no fee; where the sum is $100.00 or more but less than $1,000.00, a fee of $5.00; where such sum is $1,000.00 or more, a fee of $10.00. Entering judgment on bond and warrant by attorney and issuance of one final process, $15.00 in lieu of the fee required by section 22A:2-6 of this Title. Recording of judgment in the civil judgment and order docket, $35.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section. Docketing judgments or orders from other courts or divisions except from the Special Civil Part, including Chancery Division judgments, $35.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section and 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 N.J.S.2C:46-1. Docketing judgments or orders from the Special Civil Part, $10.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section. $5.00. Satisfaction of judgment or other lien, $35.00. Recording assignment of judgment or release, $5.00. Issuing of executions and recording same, except as otherwise provided in this article, Recording of instruments not otherwise provided for in this article, $5.00. Filing and entering recognizance of civil bail, $5.00. Signing and issuing subpoena, $5.00. b. Moneys collected under the provisions of subsection a. of this section for the recording and docketing of judgments and satisfactions of judgments or other liens shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994, the moneys collected under the provisions of subsection a. shall be for use by the State. L.1953, c.22, s.11; amended 1975, c.340, s.1; 1991, c.177, s.7; 1993, c.275, s.11; 1994, c.81, s.1; 1995, c.135, s.10; 2002, c.34, s.27. - 4 -
22A:2-8. Bill of costs; disbursements included A party to whom costs are awarded or allowed by law or otherwise in any action, motion or other proceeding, in the Law Division or Chancery Division of the Superior Court is entitled to include in his bill of costs his necessary disbursements, as follows: The legal fees of witnesses, including mileage for each attendance, masters, commissioners and other officers; The costs of taking depositions when taxable, by order of the court; The legal fees for publication where publication is required; The legal fees paid for a certified copy of a deposition or other paper or document, or map, recorded or filed in any public office, necessarily used or obtained for use in the trial of an issue of fact or the argument of an issue of law, or upon appeal, or otherwise; Sheriff's fees for service of process or other mandate or proceeding; All filing and docketing fees and charges paid to the clerk of court; Such other reasonable and necessary expenses as are taxable according to the course and practice of the court or by express provision of law, or rule of court. L.1953, c. 22, p. 388, s. 11. 22A:2-9. Law Division of Superior Court; costs awarded Costs awarded to any party in any action, motion or proceeding in the Law Division of the Superior Court, whether he be plaintiff, defendant, third-party plaintiff or in any manner a party therein, shall be as follows: For all proceedings down to and including final judgment when there has been a trial of an issue of fact, fifty dollars ($50.00). Upon the entry of judgment final, by default, or upon consent, stipulation, or admissions, or upon the pleadings, or by summary judgment or on dismissal, in all actions or proceedings, to the moving party, forty dollars ($40.00). Upon a voluntary dismissal either by stipulation or by order of court, or in any proceeding which has not proceeded to final judgment, twenty dollars ($20.00). Upon any other litigated or special motion, subsidiary or interlocutory, in addition to necessary disbursements as provided by section 22A:2-8 of this Title, not exceeding fifteen dollars ($15.00). Upon an appeal to the Law Division of the Superior Court, ten dollars ($10.00). In proceedings after judgment in aid of execution, if the court determines that the result of the examination shows that such proceedings were well-founded, it may direct that the moving party be allowed in addition to his necessary disbursements, as provided by section 22A:2-8 of this Title, fifteen dollars ($15.00). If the examination shows that said proceedings were not well-founded, the court may direct that the party against whom such proceedings were taken be allowed, in addition to such disbursements, ten dollars ($10.00). For each applying creditor in attachment, ten dollars ($10.00). - 5 -
L.1953, c. 22, p. 388, s. 11. 22A:2-10 Chancery Division of Superior Court; costs awarded. Upon the completion and determination of the following actions and proceedings in the Chancery Division of the Superior Court, the costs awarded to a party therein for the drawing of papers, including orders, writs and judgments, shall be as stated below: Plaintiff's costs, foreclosure $50.00 Plaintiff's costs, partition 70.00 Plaintiff's and receiver's costs, receivership 125.00 Plaintiff's costs, receivership 62.50 Receiver's costs, receivership 62.50 Plaintiff's costs, divorce, dissolution of civil union, nullity, custody 30.00 Plaintiff's costs, causes of action for other relief 65.00 Plaintiff's costs, incompetency action 47.50 Plaintiff's costs, sale of lands of infant or incompetent 50.00 Plaintiff's costs, release of dower or curtesy 50.00 Plaintiff's costs, mortgage lands of an infant or incompetent 50.00 Plaintiff's costs, interpleader 35.00 Plaintiff's costs, appointment of tax receiver 27.50 Plaintiff's costs, actions for payment of money into court; to hold real estate; to limit creditors 22.50 Plaintiff's costs, action for appointment of trustee or substituted trustee 33.50 Costs on contempt proceedings 25.00 Costs on application to fix dower or curtesy 22.50 Costs on application to pay moneys out of court 23.50 Costs on application for instructions, or to approve account 30.00 Costs on application for writ of execution 10.00 Costs on application for relief from final judgment or, in a matrimonial cause from judgment nisi or order 20.00-6 -
Costs on application for writ of possession 30.00 Costs on application for alimony pendente lite, attorney fee, suit money 20.00 Defendant's costs where final judgment is taken by him 30.00 Defendant's costs where final judgment is not taken by him 20.00 Costs upon any other litigated or special motion, subsidiary or interlocutory, not heretofore provided for 20.00 Amended 2006, c.103, s.84. 22A:2-11. Initial amount allowed in taxing costs in Chancery Division of Superior Court Initial amount allowed in taxing costs in Chancery Division of Superior Court. In taxing costs in any proceeding in the Chancery Division of the Superior Court under section 22A:2-10 of this Title, where the matter does not proceed to final judgment, the attorney shall be allowed for any and all proceedings one-half the amount allowable to him under that section. 1953. L.1953, c. 22, p. 391, s. 11. Amended by L.1953, c. 321, p. 1869, s. 1, eff. July 29, 22A:2-12. Payment of fees in Chancery Division of Superior Court upon filing of first paper. Upon the filing of the first paper in any action or proceeding in the Chancery Division of the Superior Court, there shall be paid to the clerk of the court, for the use of the State, the following fees, which, except as hereinafter provided, shall constitute the entire fees to be collected by the clerk for the use of the State, down to the final disposition of the cause: Receivership and partition, $200.00. All other actions and proceedings except in probate cases and actions and proceedings for divorce or dissolution of a civil union, $200.00. Actions and proceedings for divorce or dissolution of a civil union, $250.00, $25.00 of which shall be forwarded by the Clerk of the Superior Court as provided in section 2 of P.L.1993, c.188 (C.52:27D-43.24a). Any person filing a motion in any action or proceeding shall pay to the clerk $30.00. Amended 1965, c.76, s.2; 1968, c.124, s.2; 1970, c.107, s.2; 1975, c.340, s.2; 1980, c.80, s.2; 1991, c.177, s.8; 1993, c.188, s.1; 1996, c.52, s.3; 2002, c.34, s.28; 2003, c.117, s.41; 2006, c.103, s.85. - 7 -
22A:2-13. Answering, pleading or paper, fee Each person other than the plaintiff filing an answering pleading or other answering paper in the Chancery Division of the Superior Court shall at the time of filing the first paper, pay to the clerk the sum of $135.00; which shall cover all fees payable therein except such as may be otherwise provided herein or by law or the rules of court. L.1953, c.22, s.11; amended 1965, c.76, s.3; 1968, c.124, s.3; 1970, c.107, s.3; 1991, c.177, s.9; 1996, c.52, s.4; 2002, c.34, s.30. 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 Division of the Superior Court, such guardian shall be paid five dollars ($5.00) for his compensation and no more, unless the court shall otherwise order. The attorney for the moving party shall pay the said sum to the guardian ad litem, so appointed, at the time when a copy of such order is served upon the guardian ad litem. L.1953, c. 22, p. 392, s. 11. 22A:2-15. Probate proceedings in Superior Court in Chancery Division; clerk's fees For performing services in all probate proceedings in the Superior Court, Chancery Division, Probate Part there shall be paid to the surrogate of the county of venue for the use of the county the following fees which, except as hereinafter provided, shall constitute the entire fees to be collected by the surrogate for the use of the county, down to the final disposition of the cause: Each action upon the filing of the first paper in the action, $135.00 and upon the filing of an answering pleading or other answering paper, $80.00. Application for relief filed subsequent to final judgment, upon the filing of the first paper, $10.00. ACCOUNTING Auditing, stating, reporting and recording accounts of executors, administrators, guardians, trustees, assignees, as follows: In estates up to and including $2,000.00, $50.00; In estates from $2,000.01 to and including $10,000.00, $70.00; In estates from $10,000.01 to and including $30,000.00, $85.00; In estates from $30,000.01 to and including $65,000.00, $100.00; In estates from $65,000.01 to $200,000.00-- 1/5 of 1%; In estates exceeding $200,000.00-- 1/10 of 1%, but not less than $400.00. For each page of accounting, in excess of one, $3.00. In computing the amount of an estate for the purpose of fixing the fees of the surrogate, for auditing and reporting the account, the balance from the prior account shall be excluded. - 8 -
No fees herein allowed shall be charged against the recipient of any pension, bounty or allowance for services of the surrogate in respect thereof, pursuant to N.J.S.3B:13-9 to 3B:13-14. COMMISSIONS ON DEPOSITS On commissions on deposits, including any deposit made pursuant to sections 31 and 32 of chapter 67, of the laws of 1948, if under $100.00, 1/2 of 1% of it; if over $100.00 and under $1,000.00, 1/4 of 1% on such excess; if over $1,000.00, 1/8 of 1% of such excess. MISCELLANEOUS CHARGES Minimum charge for all other papers or services by the surrogate, $5.00. L.1953, c.22, s.11; amended 1965,c.76,s.4; 1968,c.124,s.4; 1970,c.107,s.4; 1977,c.57,s.1; 1980,c.80,s.3; 1991,c.177,s.10. 22A:2-16. Recording documents and making copies in probate proceedings in Chancery Division; fees The Clerk of the Superior Court shall receive the following fees for recording documents and making copies thereof in all probate proceedings in the Chancery Division. When written in whole, per folio, fifteen cents ($0.15). When written and printed or typewritten in whole or in part with type of eight-point face and with not less than four-point space between the lines, or when written and printed or typewritten in whole or in part with type of more than eight-point face, per folio, fifteen cents ($0.15). When printed or typewritten in whole or in part with type of less than eight-point face with less than four-point space between the lines, in broken measure, tabular, schedule or figure work, per folio, twenty cents ($0.20). For official copies and abstracts of such instruments or documents from the records and files of the Superior Court, Chancery Division, per folio, twenty cents ($0.20). L.1953, c. 22, p. 394, s. 11. 22A:2-17. Fees and allowances in undetermined and pending causes The fees to be paid to the Clerk of the Superior Court, and the allowances of costs therein, with respect to all undetermined and pending causes and proceedings begun prior to the effective date of this act, shall be those prescribed by this article. When the same cannot be applied, then the fees and costs shall be the same as were prescribed by law at the time such proceedings were commenced. L.1953, c. 22, p. 395, s. 11. 22A:2-18. Additional fees in exceptional cases In any cause or proceeding in which the papers filed with the Clerk of the Superior Court shall be exceptionally numerous or other work done by him shall be exceptionally onerous, he may make application to the court, on notice, for an order fixing and allowing a reasonable additional fee to be paid to him for the use of the State. The court, in each such case, may make such order fixing and allowing such additional fee, if any, as shall be deemed just and reasonable under the circumstances and directing how and by whom the same shall be paid. L.1953, c. 22, p. 395, s. 11. - 9 -
22A:2-19. Certified copies; fees Except as otherwise provided herein for probate proceedings in the Superior Court, the first copy of any order, judgment, pleading or other paper shall be certified by the Clerk of the Supreme Court or the Clerk of the Superior Court, as the case may be, and supplied to the attorney or litigant, free of charge, where such copy is furnished to the clerk for certification. All copies other than the first copy, supplied as aforesaid, shall be furnished upon the payment of $5.00 for the first five pages thereof, and $0.75 for each page in excess of five; provided, that a minimum charge of $5.00 shall be made for any such copy. L.1953, c.22, s.11; amended 1991,c.177,s.11. 22A:2-20. Additional fees for certain services The Clerk of the Supreme Court and the Clerk of the Superior Court are authorized and directed to charge the following additional fees: For affixing the seal of the Court to any document, $5.00; For an exemplification, $5.00; The Clerk of the Superior Court is authorized and directed to charge the following additional fees: For filing notice of appeal in any division of the Superior Court and forwarding copy to the Appellate Division or Supreme Court, $10.00; The Clerk of the Superior Court is authorized and directed to charge the following additional fees in the Chancery Division: For a warrant of satisfaction, $5.00; For a master's certificate certifying his appointment, $5.00; A minimum charge for all other papers or services by the clerk, $5.00; Commissions on appeals accounts and deposits for security for costs--two per centum (2%) on one hundred dollars ($100.00) or less; one and one half per centum (1 1/2%) on any excess of one hundred dollars ($100.00); Commissions on paying out trust fund accounts (including all funds, moneys or other assets brought into and deposited in court)--two and one half per centum (2 1/2%) on the first one hundred dollars ($100.00); two per centum (2%) on the next nine hundred dollars ($900.00); one and one half per centum (1 1/2%) on the excess over one thousand dollars ($1,000.00). L.1953, c.22, s.11; amended 1991,c.177,s.12. 22A:2-21. Attorneys responsible for fees 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 Superior Court, unless the court otherwise directs. L.1953, c. 22, p. 397, s. 11. - 10 -
22A:2-22. State officer or state department, board, body or commission; no fees charged to No charge shall be made by the Clerk of the Supreme Court or the Clerk of the Superior 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, or a State department, board, body or commission. L.1953, c. 22, p. 397, s. 11. 22A:2-23. Waiver of collection of fee The collection of any fee provided for by this chapter may be waived in particular circumstances by general rule of the Supreme Court or by 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. L.1953, c. 22, p. 397, s. 11. 22A:2-25. Law Division filing fees Upon the filing, entering or docketing with the deputy clerk of the Superior Court in the various counties of the herein-mentioned papers or documents by either party to any action or proceeding in the Law Division of the Superior Court, other than a civil action in which a summons or writ must be issued, he shall pay the deputy clerk of the court the following fees: Entering of complaint or first paper of any action or proceeding... $ 9.00 Filing complaint... $ 3.00 Filing answer or appearance... $ 6.00 Filing any other pleading, any amended pleading or any amendment to a pleading... $ 3.00 Filing and entering each order or judgment of court, including order to show cause... $ 6.00 Filing and entering a voluntary dismissal, either by stipulation or order of court... $ 7.50 Filing notice of appeal... $15.00 Filing proceedings or papers on appeal... $ 6.00 Filing first paper on petition for expungement... $22.50 Filing any other paper or document not herein stated... $ 4.50 Signing and sealing habeas corpus...$ 7.50 Signing and issuing subpena... $ 1.50 L. 1953, c. 22, p. 398, s. 11. Amended by L. 1965, c. 123, s. 4; L. 1980, c. 58, s. 1, eff. July 1, 1980; L. 1985, c. 422, s. 1, eff. Jan. 13, 1986. 22A:2-26. Motion fee Upon all motions, with or without notice, in the Law Division of the Superior Court, the moving party shall pay to the clerk of the said division... $ 9.00 This section shall not apply to an action in which a summons or writ must be issued. L. 1953, c. 22, p. 400, s. 11. Amended by L. 1965, c. 123, s. 5; L. 1985, c. 422, s. 2, eff. Jan. 13, 1986. 22A:2-27. Fees on appeals to Law Division of Superior Court; use In cases appealed to the Law Division of the Superior Court from any inferior court or tribunal, criminal or civil, the clerk of the division shall charge a fee of $75.00 for filing a notice of appeal, appeal papers and proceedings, including judgment in the Superior Court or order of dismissal. The clerk shall pay this $75.00 to the treasurer of the county in which the appeal is - 11 -
taken for the use by the county. After December 31, 1994, this $75.00 fee shall be paid to the clerk, for use by the State. L.1953, c.22, s.11; amended 1965,c.123,ss.6,11; 1985,c.422,s.3; 1991,c.177,s.13; 1993,c.275,s.12. 22A:2-29 County clerk, deputy clerk of Superior Court, fees. Upon the filing, indexing, entering or recording of the following documents or papers in the office of the county clerk or deputy clerk of the Superior Court, such parties, filing or having the same recorded or indexed in the county clerk's office or with the deputy clerk of the Superior Court in the various counties in this State in all civil or criminal causes, shall pay the following fees in lieu of the fees heretofore provided for the filing, recording or entering of such documents or papers: In general Issuing county clerk's certificate, any instrument: $5.00 Comparing and making copies, per sheet. $2.00 Copies of all papers, typing and comparing of photostat, per page $2.00 Marking as a true copy, any instrument $2.00 Exemplification, any instrument $10.00 (Plus $1.00 per page of instrument) Recording or filing all instruments not herein stated. $7.50 Bonds, bail, recognizances Recording all official bonds with acknowledgment and proof of the execution thereof $9.00 Filing all papers related to recognizance or civil bail $ 30.00 Filing discharge, attachment bond $9.00 Filing and recording filiation bond $9.00 Filing satisfaction of or order discharging filiation bond $9.00 Recording or discharging sheriff's bond $9.00 Nonbusiness corporation, recording: Certificates of incorporation of churches, religious societies and congregations. $25.00 Amendments to certificates of incorporation of churches, religious societies and congregations, recording $25.00 Bank merger agreements, recording: First sheet $25.00 Each additional sheet, Certificates, each $5.00 Tradenames, firms, partnerships: - 12 -
Certificate of name, filing (see R.S.56:1-1 et seq.) $50.00 Certificate of dissolution of tradename (see R.S.56:1-6 et seq.) $25.00 Partnership agreement (see R.S.42:1-1 et seq.) $50.00 Building and loan or savings and loan associations: Change of name $25.00 Dissolution $25.00 Certificates for limited-dividend housing associations, recording: First page $20.00 Each additional page $5.00 Certificates for urban renewal associations, recording: First page $20.00 Each additional page $5.00 Judgments, et cetera Recording judgments $15.00 Filing, entering and recording judgment on bond and warrant by attorney $37.50 Certificate for docketing Superior Court transcript $9.00 Recording assignment of judgment $15.00 Issuing transcript of judgment $7.50 Filing or entering on the record of discharge, cancellation, release or satisfaction of a judgment by satisfaction piece, execution returned satisfied or otherwise $15.00 For recording and indexing postponement of the lien of judgment. $20.00 Filing, indexing and recording mechanic's lien claim $9.00 Recording, filing and noting on the record the discharge, release or satisfaction of a mechanic's lien claim $9.00 Extension of lien claim $3.00 Filing statement in mechanic's lien proceeding $9.00 Filing, recording and indexing mechanic's notice of intention $4.50 Filing a certificate discharging a mechanic's notice of intention and noting the discharge on the record thereof $4.50 Filing certificate from court of commencement of suit $4.50-13 -
Filing a court order amending a mechanic's notice of intention $9.00 Construction lien $15.00 Notice of unpaid balance, discharge $15.00 Notation $5.00 Bond $25.00 Filing a court order to discharge notice of intention and noting the discharge on the record thereof $15.00 Filing, recording and indexing stop notice $4.50 Filing a certificate discharging a stop notice and noting the discharge on the record thereof. $4.50 Filing a court order discharging a stop notice and noting the discharge on the record thereof $9.00 Filing building contract $25.00 Filing discharge of building contract $15.00 Notation $5.00 Filing building specifications. $25.00 Filing building plans $25.00 Filing each notice of physician's lien $15.00 Entering upon the record the discharge of a physician's lien $15.00 Filing each hospital lien claim $15.00 Discharge of hospital lien $15.00 Filing satisfaction or order for discharge of attachment $15.00 Recording collateral inheritance waiver or receipt $15.00 Recording inheritance tax waiver. $15.00 Subordination, release, partial release or postponement of a lien to lien of mortgage $20.00 Notation $5.00 Commissions and oaths Administering oaths to notaries public and commissioners of deeds $15.00 For issuing certificate of authority of notary to take proof, acknowledgment of affidavit $5.00 For issuing each certificate of the commission and - 14 -
qualification of notary public for filing with other county clerks $15.00 For filing each certificate of the commission and qualification of notary public, in office of county clerk of county other than where such notary has qualified $15.00 Miscellaneous--Filing and recording proceedings for laying out, vacating or dedicating roads $25.00 Recording firemen's certificates. No charge. Registering physician $25.00 Issuing of nonalcoholic beverage identification card to persons under twenty-one years of age $10.00 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. 22A:2-30 Fees of surrogate and deputy clerk of the Superior Court. Fees for services of the surrogate and deputy clerk of the Superior Court enumerated below shall be as follows and shall be for the use of the county in which the fees are collected: PROBATE OF WILLS AND COPIES Probate of a will of not more than two pages, $100.00. Each additional page, $ 5.00. The above fee is for all services in preparation and execution of complaint, filing proof of death, deposition of one witness, qualification of executor, filing power of attorney, surrogate's certificate, judgment for probate, letters testamentary, plain copy of will, binding, recording, microfilming or photostating, comparing, docketing, report to the Division of Taxation in the Department of the Treasury, report and transmission to the Clerk of the Superior Court. Probate of will of not more than two pages without letters, $50.00. Each additional page, $ 5.00. This fee is for the same services as are enumerated in the preceding paragraph, except letters, surrogate's certificate and qualification of executor. Probate of each codicil, not exceeding one page, $25.00. Where codicil requires an additional witness, $5.00. To reopen probate proceedings for qualification of executor or taking proof of extra witness, $25.00. One witness in the above probate proceedings, no charge. Each additional witness, $5.00. Recording and comparing, microfilming or photostating, each additional page of will or codicil, $5.00. Filing, entering, issuing and recording, microfilming or photostating, proceedings in commission for deposition of foreign witness to a will or codicil, $35.00. Plain extra copy of will, $3.00 for each page. - 15 -
Certified extra copy of will, $5.00 for each page, plus $5.00 for certificate. Certified copy of will with proofs for New Jersey county, not exceeding two pages including will and codicil, $50.00. For pages in excess of two, $5.00 for each page. Wills filed but not probated (as, where there are no assets), $10.00 for first two pages, $5.00 for each additional page, $5.00 for cover letter stating no assets, $5.00 for death certificate. Exemplifying will for another state, not exceeding two pages including will and codicil, plus cost of certificate of Secretary of State when requisite, $75.00 (not including $9.00 fee for exemplified forms). For pages in excess of two, $5.00 for each page. Recording, microfilming or photostating, docketing, indexing, filing and reporting to the Division of Taxation in the Department of the Treasury an exemplified copy of will and probate proceedings from another state, $5.00 for each page. Recording, microfilming or photostating, docketing, indexing and filing a certified copy of will with proofs from New Jersey, $5.00 for each page. Recording, microfilming or photostating certified transcripts of wills admitted to probate and probate proceedings or letters of administration and administration proceedings granted by the Superior Court, $5.00 for each page. LETTERS OF TRUSTEESHIP Acceptance of trustee and letters of trusteeship, including one certificate, $50.00. LETTERS OF ADMINISTRATION General administration, including preparation and execution of complaint, bond, surety affidavits, necessary recording, microfilming or photostating, indexing, filing, report to the Division of Taxation, including power of attorney and death certificate, in the Department of the Treasury and the Clerk of the Superior Court and original letters including authorization to accept service of process and death certificate, $125.00, and for other documents, $5.00 per page. Administration ad prosequendum, $50.00, and for other documents, $5.00 per page. Exemplifying administration, $75.00. Certified copy of administration, $50.00. Affidavits of surviving spouse or next of kin where the value of the real and personal assets of the estate does not exceed $20,000.00 or $10,000.00, respectively, $5.00 for each $100.00 or part thereof. Total cost shall not exceed $50.00. This fee is waived where the value of the assets of the estate does not exceed $200.00. LETTERS OF GUARDIANSHIP Granting letters of guardianship, acceptance of guardianship and filing of power of attorney, $50.00. Affidavits of estates of minors where value of real and personal estate does not exceed $5,000.00, $5.00 per page. Miscellaneous petitions and orders, $5.00 per page. INVENTORIES For all services in appointment of appraisers, $25.00. - 16 -
Filing, entering and recording, microfilming or photostating, inventory and appraisement, not exceeding one page, and affidavits of appraisers and executor, $25.00. For each additional page, $5.00. ACCOUNTING For filing complaint and one page of accounting, $175.00. For auditing, stating, reporting and recording, microfilming or photostating, accounts of executors, administrators, guardians, trustees and assignees, including drawing judgment, but exclusive of advertising costs: In estates up to and including $2,000.00, no additional fee. In estates from $2,001.00 to and including $10,000.00, $100.00. In estates from $10,001.00 to and including $30,000.00, $125.00. In estates from $30,001.00 to and including $65,000.00, $150.00. In estates from $65,001.00 to and including $200,000.00, 3/10 of 1% but not less than $300.00. In estates exceeding $200,000.00--4/10 of 1%, but not less than $400.00. For each page of accounting in excess of one, $5.00. In computing the amount of an estate for the purpose of fixing the fees of a surrogate for auditing and reporting the account, the balance from the prior account shall be excluded. For preparing notice of settlement of accounts and copies of the same, forwarding notice to newspaper, with directions as to publication, obtaining proofs of publication, keeping a record of notices and newspapers to which they are sent and of the moneys received to defray the cost of advertising and transmitting advertising charges to newspaper, $50.00. No fees herein allowed shall be charged against the recipient of any pension, bounty or allowance, for services of the surrogate and the Probate Part of the Chancery Division of the Superior Court in respect thereof, pursuant to N.J.S.3B:13-9 to 3B:13-14. MISCELLANEOUS PROCEEDINGS Proceedings relative to presumption of death, filing, entering and recording, microfilming or photostating (exclusive of letters), with additional fee for advertising, $175.00. Sale of land to pay debts (exclusive of advertising), $175.00. Sale of land in fulfillment of contract made by decedent, $175.00. Sale of lands within one year, $175.00. Sale of minor's land, $175.00. Distribution, filing and entering complaint, recording, microfilming or photostating, and filing judgment, $175.00. Filing of first paper in action in the Superior Court, Chancery Division, Probate Part, $175.00. Filing of answering pleadings or other answering papers in Superior Court, Chancery Division, Probate Part (First paper filed by anyone other than Plaintiff), $110.00. - 17 -
Adoption of adults, filing and entering proceedings (all papers) including one judgment, $175.00. Adoption of minors, filing and entering proceedings (all papers) including one judgment, $175.00. Application for relief subsequent to final judgment in the Superior Court, Chancery Division, Probate Part, $25.00. Proceedings for the appointment of a conservator, with or without jury trial, $175.00. Proceeding for the determination of incapacity and for the appointment of a guardian for an alleged incapacitated person, with or without jury trial, $200.00. Proceedings in connection with payment into court of proceeds of a judgment in favor of a minor, in lieu of bond, pursuant to N.J.S. 3B:15-16 and N.J.S.3B:15-17 (in addition to fees payable under Letters of Guardianship), the following fees are payable upon withdrawal of funds on deposit: For each withdrawal including petitions and orders provided and prepared by the surrogate for withdrawal of funds for court approval: Up to and including $500.00, $20.00. From $501.00 to and including $1,000.00, $25.00. From $1,001.00 to and including $5,000.00, $30.00. From $5,001.00 to and including $10,000.00, $35.00. From $10,001.00 to and including $25,000, $40.00. From $25,001.00 to and including $50,000.00, $60.00. In excess of $50,000.00, $100.00. MISCELLANEOUS CHARGES Short certificates, $5.00. Validating short certificate within one year of issue of date, $3.00. Subpoenas, each, $25.00. Marking true copies, subpoenas, each, $3.00. Marking true copies, orders to show cause, each, $3.00. Marking true copies of other papers, each, $3.00. Authorization of process, $5.00. Swearing each witness, $2.00. Adjournment or continuance, $15.00. Miscellaneous orders of court, first page, $5.00. For each additional page, $5.00. Recording, microfilming or photostating all papers not herein provided for, $5.00 for each page. For making copies not otherwise provided for, $3.00 for each page. - 18 -
Filing transcript of death certificate, $5.00. Power of attorney, per page $5.00 plus $5.00 for certified mail. Search fee, per estate $10.00. Proceedings relative to appointment of a guardian ad litem, $25.00. Renunciation by one person, filing, entering and recording, or photostating, $5.00. Each additional person, $3.00. Caveat, filing or withdrawing, $25.00. Combined refunding bond and release of not more than two pages, filing, entering, microfilming and recording, or photostating, $10.00. $5.00 for each additional page. Additional charge for county clerk's certificate, $5.00. Release of not more than two pages of refunding bond and release, $10.00. $5.00 for each additional page. Additional charge for county clerk's certificate, $5.00. Assignments of legacy or interest, $10.00 per page, plus $5.00 where county clerk's certificate is necessary. page. Filing all papers not herein provided for, $5.00, if microfilming process is used, $5.00 per Plain copy of two-page will, $6.00. Each additional page, $3.00. Filing of motions in the Superior Court, Chancery Division, Probate Part, $15.00. Notice of appeal (trial court), $10.00. Minimum charge for all other papers or services in proceedings in the Superior Court, Chancery Division, Probate Part, $5.00. 3B:14-48 Service of Process by Surrogate, $25.00. Duplicating or copying of microfiche, digital tape, high density disks, optically scanned and recorded materials or for any other media used to record or preserve records, $150.00 per medium recorded. Processing fee for returned check, $20.00 plus bank fee. 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. 22A:2-31. Fees for probating will, granting administration or guardianship and filing and recording inventory in certain cases Whenever it shall appear that the estate, real and personal, of any testator, intestate, minor or ward, is less than one hundred dollars ($100.00), no fees shall be charged upon actions for probate of a will, granting administration or guardianship up to and including the letters issued and copies of such letters as well as the fees of filing and recording and with respect to an inventory, and whenever it shall appear that such estate does not exceed two hundred dollars ($200.00) the fees shall be one-half of those allowed by law; but if it shall afterwards appear in any case that the value of the estate, real and personal, exceeds or exceeded two hundred dollars - 19 -
($200.00), then such estate shall be liable for and pay the balance of the fees that would have been collected had no deduction been made under the provisions of this section. L.1953, c. 22, p. 412, s. 11. 22A:2-32. Persons dying while in service in time of war or emergency; fees for probating will or granting administration or guardianship in certain cases Whenever it shall appear by affidavit of persons applying for letters testamentary, of administration or of guardianship that the estate, real and personal, of any testator, intestate, minor or ward, does not exceed one thousand dollars ($1,000.00), and that such testator or intestate died while in the active military or naval service of the United States in time of war, or in time of emergency, or that such minor or ward is the child of a person who died while in the active military or naval service of the United States in time of war, or in time of emergency, no fees shall be charged upon actions for the probate of a will in those cases, where any part of the estate of the testator is bequeathed or devised to the surviving spouse, the father or mother, the brothers or sisters or any of the lineal descendants of the testator, granting of administration or guardianship up to and including the letters issued and copies of such letters; but if it shall afterwards appear in any case that the value of the estate, real and personal, exceeds or exceeded one thousand dollars ($1,000.00), then such estate shall be liable for and pay the fees that would have been collected if this section were not law. As used in this section the term "in time of emergency" shall mean and include any time after June twenty-third, one thousand nine hundred and fifty, and prior to the termination, suspension or revocation of the proclamation of the existence of a national emergency issued by the President of the United States on December sixteenth, one thousand nine hundred and fifty, or termination of the existence of such national emergency by appropriate action of the President or Congress of the United States. L.1953, c. 22, p. 412, s. 11. 22A:2-33. Fees for auditing, stating and allowance of accounts in certain cases Whenever it shall appear that the estate, real and personal, of any testator, intestate, minor or ward is less than two hundred dollars ($200.00), no fees shall be charged upon filing complaint and account, auditing, stating, reporting and recording or photostating of the account of the executor, trustee, administrator or guardian, and when it shall appear that such estate does not exceed the sum of five hundred dollars ($500.00), such fees shall be one-half of those hereinbefore provided. L.1953, c. 22, p. 413, s. 11. 22A:2-34. Fees paid by surrogates to Clerk of Superior Court From fees received by the surrogates there shall be paid to the Clerk of the Superior Court the following fees for services by him performed: For recording the name of each testator, the year in which the will was proved, and filing the will, twenty-five cents ($0.25). Recording the name of each intestate where administration has been granted and the year when granted, twelve cents ($0.12). - 20 -
L.1953, c. 22, p. 414, s. 11. 22A:2-35. Fees on assignments for the benefit of creditors The surrogate, as surrogate and deputy clerk of the Superior Court, shall receive for services with respect to an assignment for the benefit of creditors, for the use of the county in which the fees are collected, up to but not including any accounting, a fee of $75.00. L.1953, c.22, s.11; amended 1988,c.109,s.2. 22A:2-36. Fees in other cases and costs in all cases All other fees payable to the surrogate as a deputy clerk of the Superior Court, other than for adoption, and all costs to a party in any action, motion or proceeding in that part shall be the same as allowed for similar services in the Chancery Division of the Superior Court. All such fees shall be for the use of the county in which the fees are collected. L.1953, c.22, s.11; amended 1988,c.109,s.3. 22A:2-37.1 Special Civil Part of Superior Court, Law Division, fees; use. a. From the effective date of the amendments made to this section by section 1 of P.L.2003, c.259 through the fifth year thereafter: 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, one defendant $15.00 Each additional defendant $ 2.00 (2) Filing of complaint in tenancy, one defendant $25.00 Each additional defendant $2.00 (3) (a) Filing of complaint or other initial pleading containing a counterclaim, crossclaim 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 $50.00 Each additional defendant $ 2.00 (b) 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 $32.00 Each additional defendant $ 2.00 (4) Filing of appearance or answer to a complaint or third party complaint in all matters except small claims $15.00 (5) Service of Process: Fees for service of process, including: summons by mail, each defendant; summons by mail each defendant at place of business or employment with postal instructions to deliver to addressee only; reservice of summons by mail, each defendant; postage for substituted service of process by the clerk upon the Chief Administrator of the New Jersey - 21 -