COMMENCING A CIVIL ACTION

A civil action is commenced by filing a complaint, petition, application, or other document that begins a new civil lawsuit. A civil action is commenced if the clerk opens a new case file rather than filing the document in an existing case file. Whether a filing fee is charged does not depend upon the title or name of the document filed, but upon whether it commences a new case.

In a civil lawsuit, a party usually seeks to obtain an order or judgment from the court against another party. However, there are some times when a clerk will have to file a document, such as registering a trust, when it will not commence a lawsuit. In such instances, no filing fee will be charged.

Only one filing fee is charged even if the complaint, petition, or application includes two or more separate claims for relief. If the claims would have differing filing fees if they were filed as separate actions, then the appropriate fee is whichever is higher; for example, if one action was filed to have a marriage annulled or, if that were denied, to obtain a divorce, the appropriate filing fee would be the fee for filing a divorce action because it is higher than the filing fee for an annulment. Likewise, if one action was filed to compromise a minor’s claim and to appoint a conservator, the appropriate filing fee would be for the appointment of a conservator.

The fee for opening any civil case in the District Court not found on this schedule is $221.00 and the correct filing fee code is AA. The fee for opening any civil case in the Magistrate Division not found on this schedule is $166.00 and the correct filing fee code is A.

APPEARING IN A CIVIL ACTION (Category I)

An appearance is the first document filed by a party (other than the plaintiff or petitioner) in an existing civil action, regardless of whether it is filed pro se or through counsel and regardless of the title of the document (e.g., “”notice of appearance,” “answer,” “motion,” or other title).

If a party acting pro se has already filed an appearance in an action and then an attorney later files a “notice of appearance” to appear on behalf of that party, the attorney’s “notice of appearance” does not constitute an appearance for the purpose of assessing a filing fee because the party has already appeared in the action pro se.

Link to PDF 2016 CIVIL FILING FEES SCHEDULE

2016 CIVIL FILING FEES SCHEDULE August, 2016 Amendement

2016 CIVIL FILING FEES SCHEDULE September, 2016 Amendement

2016 CIVIL FILING FEES SCHEDULE January, 2017 Amendement

Note:

By Order dated April 27, 2016,

That Filing Fee Schedule sections B.2., H.2.f., and K.2. found in Appendix A are hereby, amended as follows:

B. 1. Divorce

State portion includes additional $20 displaced homemaker fund and additional $20 domestic violence fund

district court fund includes $5.00 taken from the State General Fund fee, which shall be separately identified and deposited in the District Court Fund, for establishing a uniform system of qualifying counselors in domestic violence cases. I.e. § 313201A ( q)

a. With minor children

b. Without minor children

2. Petition or stipulation to reopen or modify divorce

a. With minor children

b. Without minor children

***

H. Case filings with no fee

1. In District Court

a. Petition for sterilization

b. Judicial consent for abortion petitions

c. Post-conviction act proceedings*

d. Stipulation for entry ofjudgment*

e. Court initiated contempt*

2. In Magistrate Division

a. Cases brought under Ch. 3, Title 66, I.C. for commitment of mentally ill persons

b. Demand for bond before personal representative is appointed.

c. Petition to compromise minor’s claim

d. Petition for civil protection order or to enforce foreign CPO pursuant to Ch. 63, Title 39, I.C. pleadings

e. Post-conviction act proceedings*

f. Stipulation for entry of judgment after initial case filing or reopening fee paid

***

K. Special Filings

1. Order granting change of venue (pay to new county).

2. Petition, motion or stipulation to reopen a case after no activity for one year

***

Note:

By Order dated September 21, 2016, Filing Fee Schedule H.2, found in Appendix A, is further amended as follows:

A. All initial case filings in Magistrate Division of any type not listed in categories B, C, D, G, and H(2):

1. Adoptions

2. Adoption and Termination of parental rights

3. Termination ofparental rights

4. Personal injury or other claims ($10,000 or less)

5. Petition for formal probate 6. Application for informal probate

7. Name change

8. Permission to Marry

9. Child Support / Custody (unless filed by DHW)

10. Habeas by prisoners

11. Paternity action

12. Unlawful detainer / Eviction

13. Defacto custodian

14. Relief from firearm disability

15. Legal separation

a. with minor children

b. without minor children

16.Surrogacy/Gestational Carrier

***