Mandating refundable deposits on

27-Jan-2016 02:36 by 10 Comments

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This Schedule applies to court charges, costs, and fees in connection with civil and criminal actions filed or pending in a circuit court and other services of clerks of the circuit courts. a request for issuance of each writ of execution, garnishment, or possession; and 6. For preparing the record on appeal or in a removed or transferred case and for postage or transport of the record to the receiving court, a clerk shall collect a $60 fee and, on petition to the court in the case of a record of extraordinary length or complexity, the additional amount allowed by the court up to $60.

mandating refundable deposits on-80

(E) In a case filed under Family Law Article, Title 4, Subtitle 5, a clerk shall collect costs only if assessed against a respondent by the circuit court under Family Law Article, § 4-506(d)(12). (A) Unless a different fee is prescribed in paragraph (B) of this subsection, a court shall include an $80 filing fee in the costs assessed under Rule 4-353, in which case the clerk shall collect the assessed fee. (A) The clerk of the District Court shall collect and transmit to the clerk of a circuit court the initial filing fee and surcharge payable under subsection 1 in a case removed under Courts Article, § 6-104(b), from the District Court to the circuit court. (A) A clerk of a circuit court shall collect an $80 filing fee for an appeal from an administrative agency. A clerk shall collect a $15 fee on voluntary dismissal of a civil proceeding or case. an auditor's report on distribution of the proceeds of a sale of personal or real property, ratified by the clerk's court; or 2. a motion under Rule 2-648 for enforcement of a judgment mandating or prohibiting conduct; 3. A clerk shall collect a $15 recordation fee for: (A) recording a judgment of another court in this State; (B) each entry of an assignment of, credit on, modification of, release of, or satisfaction of any judgment of any court in this State, other than a satisfaction of a lien filed by the District Court; (C) each entry of a judgment renewed; (D) recording a lien, other than a notice of lien under bail forfeiture in the District Court or documents in connection with a lien under Real Property Article, § 3-404; (E) each entry of an assignment of, credit on, modification of, or release of a lien, other than a notice of lien under bail forfeiture in the District Court, documents in connection with a lien under Real Property Article, § 3-404, or a release of lien filed by the District Court; (F) recording a request for notice of judgment (ejectment); (G) recording a request for notice of a foreclosure sale; and (H) recording proceedings in court records, such as those required by Rule 14-306, or other court instrument required by law to be recorded. (A) Unless a different fee is prescribed in paragraph (C) of this subsection, a clerk shall collect an $80 filing fee for docketing a civil action or proceeding, not including an appeal but including: (1) a supplemental bill of complaint under Rule 9-202(d); (2) a certified copy of a pleading giving rise to a lis pendens or a notice of lis pendens; and (3) a petition for writ of habeas corpus. A clerk shall collect a fee of 25 cent(s) per page for each copy made by, or as a reasonable accommodation for, a customer. (1) A clerk shall collect 25 cent(s) per page for copies of land records faxed through the automated fax back system. Civil Actions Other Than Juvenile Proceedings and Appeals. A clerk shall collect a fee of 50 cent(s) per page for each copy that the clerk makes, other than those made as a reasonable accommodation. A clerk shall collect a $10 fee for exemplifying a paper. Unless a court waives prepayment of a charge, cost, or fee or paragraph B of this section expressly provides otherwise, a clerk shall collect the charge, cost, or fee for a service in accordance with this Schedule before the clerk performs the service. A clerk shall not collect a filing fee, surcharge for the Maryland Legal Services Corporation, or other court cost in advance in: (A) an appeal exempted under Courts Article, § 7-201(a); (B) a case in which a court orders waiver of the prepayment of a filing fee; (C) a case transferred from the District Court to a circuit court in accordance with a jury trial demand in the District Court; (D) an original criminal proceeding instituted in the circuit court, other than a petition for extension of the time for forfeiture of a bond, for striking a bond forfeiture, for remission of a bond forfeiture, or for expungement of records; (E) a criminal case in which the defendant has been recharged in the circuit court under Rule 4-221; (F) an original juvenile proceeding brought in the circuit court under Courts Article, Title 3, Subtitle 8 or 8A; (G) a domestic violence case filed under Family Law Article, § 4-504; (H) a URESA proceeding; (I) a case in which the plaintiff or petitioner is represented by counsel compensated through JUDICARE (COMAR .01 through .17) (J) a case in which the plaintiff or petitioner is represented by counsel retained through a pro bono or legal services program that is recognized by Maryland Legal Services Corporation, if the program provides the clerk with a memorandum that names the program, attorney(s), and client(s), that specifies that representation is being provided for client(s) meeting the financial eligibility criteria of the Corporation, and that states that payment of filing fees is not required under the Prisoner Litigation Act; (K) a case in which representation is being provided by Maryland Legal Aid Bureau, Inc.; or (L) a child support proceeding, including paternity, in which the plaintiff or petitioner is the Child Support Enforcement Administration of the Maryland Department of Human Resources or a person whom the Administration approves for child support services. The clerk shall collect the charges, costs, and fees assessed under this paragraph, in addition to any open costs that the court imposes under any applicable statute, rule, or regulation such as: Family Law Article, § 4-506(d)(12); Rule 1-341 or 2-508(e); or COMAR .09.

If this Schedule, a statute, or a court waives prepayment of a charge, cost, or fee in a case, the court shall award charges, costs, and fees in accordance with this Schedule, at the conclusion of the case.

With respect to extant interest-bearing accounts for which a processing fee was not collected on opening the account, a clerk shall collect a $25 fee at the close of a case.

See, e.g., Courts Article, §§ 2-102(b)(1) and (2), 5-1002, 7-204, 7-401, 7-402, and 7-409, as to the minimum auditor's compensation and fees for counsel in Baltimore City, prisoner litigation, appearance fees, supplementary proceedings, sheriffs' fees, and criminal injuries compensation and crime victims' fees, respectively. See, e.g., Courts Article, § 7-202(b); Criminal Procedure Article, § 1-203(d)(4); and Family Law Article, §§ 4-504(c) and 5-1011(c), as to charges against Baltimore City or any other county, petitions for return of seized property, petitioners for protective orders against domestic violence, and child support enforcement. See, e.g., Courts Article, § 7-201 and Rules 1-325(a) and 2-603(e). See, e.g., Agriculture Article, §§ 4-125(d) and 5-111(c), Courts Article, §§ 3-228(b) and 7-409(d), Family Law Article, § 4-506(d)(12), Labor and Employment Article, §§ 3-605 and 9-902(f), Real Property Article, § 10-108, and Rules 1-325(b), 2-415(a), 2-506(d), and 2-603(a), (c), and (d), and 4-353. (D) In addition to the filing fee required under paragraph (A) or (C)(1) or (2)(b), (c), (d) or (e) of this subsection, a clerk shall collect a $55 surcharge for the Maryland Legal Services Corporation, as authorized under Courts Article, § 7-202(d). A clerk shall collect no fee for filing in a case file: 1. a motion to hold a person in contempt, to modify alimony, support, or custody after final judgment, or, by requiring additional taking of evidence, otherwise to reopen any civil case other than a case brought under Family Law Article, Title 4, Subtitle 5; 2. A clerk shall collect no fee for recording an authenticated, order for protection issued by another state or a Native American tribe under Family Law Article, § 4-508.1.

This Schedule does not affect any charge, cost, or fee set or required to be assessed by statute or rule. This Schedule does not affect any waiver, by statute, of a charge, cost, or fee or its prepayment. This Schedule does not interfere with a court's authority or duty, under statute or rule, to waive a charge, cost, or fee or its prepayment. This Schedule does not interfere with a court's authority or duty, under statute or rule, to assess costs against a party or to allocate costs among parties. For services enumerated in this Schedule, the charges, costs, and fees shall be uniform throughout the State exclusively as provided in this Schedule. (3) a $100 fee for the special admission of an out-of-state attorney under Rule 14 of the Rules Governing Admission to the Bar of Maryland and section 10-215 of the Business Occupations and Professions Article. A clerk shall collect no fee for recording a declaration of trust under Rule 4-217(e)(1)(B), to secure a bail bond or for a release of such declaration.

(C) A clerk shall collect: (1) a $10 filing fee for docketing a petition for confirmation, correction, or modification of an arbitration award under Courts Article, Title 3, Subtitle 2, for confirmation of an arbitration award under Courts Article, § 3-2A-05(i); and (2) a $25 filing fee for docketing: (a) a summons or other notice of a court of another state for appearance of a witness for deposition; (b) a foreign judgment under the Maryland Uniform Enforcement of Foreign Judgments Act (Courts Article, §§ 11-801 through 11-807); (c) a certified copy of a foreign custody order under the Maryland Uniform Child Custody Jurisdiction and Enforcement Act (Family Law Article, § 9.5-101 through 9.5-318); and (d) a motion under Rule 16-732(d) for an order in connection with a subpoena of Bar Counsel. A clerk shall collect a $25 fee for opening an interest-bearing account. A clerk shall collect a fee of 25 cent(s) per 11″ x 17″ page and 50 cent(s) per other sized page for each copy of a plat made by, or as a reasonable accommodation for, a customer.

(B) For a right of redemption case, a clerk shall collect, in addition to the filing fee and surcharge required under paragraphs (A) and (D) of this subsection, a $10 fee for each parcel after the first. No additional fee shall be charged for a true test copy. (2) A clerk shall collect a fee of 50 cent(s) per 11″ x 17″ page and $1 per other sized page, for each copy of a plat that the clerk makes, other than those made as a reasonable accommodation. A clerk shall collect a $5 fee for each certification of a paper, other than a certified record of conviction required to be provided to the Immigration and Naturalization Service under Public Law 101-649 (42 U.

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