Advisory Notes – July 2003

Rule 54A is amended to provide greater flexibility in the type of order or action that is necessary to adopt or amend a fee schedule.

[The administrative order setting the fees follows the Advisory Notes]

Advisory Committee’s Notes May 1, 1999

Former Rules 54A and 54B, establishing fees for the Superior Court and District Court respectively, have been abrogated and replaced with a new Rule 54A. The new rule provides that the fees of those courts are established by administrative order of the Supreme Judicial Court.

§54A.1 ADMINISTRATIVE ORDER: COURT FEES.

Effective January 1, 2001

(with amendment, effective September 1, 2002.)

In order to promote uniformity of practice, costs and procedures the following fee schedule is adopted for all courts in the State, and the following procedures for copying, attestation and document management are adopted for all courts in the State. As used in this policy, “Clerk” means the Clerk of the Law Court, a Clerk of the Supreme Judicial and Superior Courts, a District Court, or the Administrative Court, the Manager of the Maine Judicial Branch Violations Bureau, or a member of such a person’s staff who has been delegated the authority to sign documents on behalf of that person. This order replaces the Fee and

Document Management Policy.

I. Fees

A. Filing and Similar Fees

Supreme Judicial Court:

Administrative Court:

Superior Court and District Court:

Entry of a General Civil or Real Estate Action or

Filing Third-Party Complaint

Filing of a Motion for Post-Judgment Relief

pursuant to M.R. Civ. P. 80(k) in an action under

Title 19 or 19-A, except for a motion to modify or enforce a child support order(fn4)

$ 120.00 110.00

100.00

30.00

(fn4) A motion to modify or enforce a child support order may include a request for attorney fees and still be exempt from the post-judgment filing fee. A fee will be charged for a post-judgment motion that raises additional issues. for example, a motion seeking both a change in visitation and modification of child support requires payment of the fee.

Pre-judgment or post-judgment mediation pursuant to

CADRES rules with the exception of Land Use matters 120.00

Discretionary civil referrals to CADRES

Filing of a Criminal Action, Traffic Infraction or

Civil Violation

Entry of Petition for Forfeiture filed by AG or DA

in criminal drug cases

Superior Court:

Jury Trial fee in Superior Court

Medical Malpractice Notice of Claim (per party)

Mediation in Land Use matters

District Court:

Entry of a Family Matter Action(fn5)

Entry of a Forcible Entry and Detainer

Entry of a Small Claims Action(fn6)

Entry of a Small Claims Disclosure

Service of a Small Claims Action or disclosure,

per party (optional)

Entry of a Money Judgment Disclosure

Entry of a Protection from Harassment Action

Entry of Marriage Waiver Action

Entry of a Protection from Abuse Action

20.00

No fee

No fee

300.00 200.00 175.00

60.00 60.00

45.00 15.00

10.00 60.00 15.00 10.00 No fee

Amended motions that would require a fee if filed originally will also require the appropriate filing fee.

In the event parties file a Stipulated Amendment to a judgment for filing a court approval, no fee is required. If the court declines to approve the stipulated amendment, no further action will be taken until the appropriate motion and post-judgment filing fee is received.

(fn5) Includes a grandparents’ visitation petition under 19 MRSA § 1003 or 19-A MRSA § 1801-1805 if filed as a new action; there is no fee if filed within a pending action; also applies to post-divorce termination of parental rights action brought under 22 MRSA §4055(1)(A)(1)(b) and other actions not otherwise listed in this policy initiated under specific statutory authority where no filing fee is set by statute.

(fn6) Includes a $5.00 mediation fee and a $5.00 postage fee.

Violations Bureau:

Violations Bureau Late Fee 25.00 Violations Bureau Re-opening Fee 25.00

B. Appeal and Removal Fees

Civil Removal to Superior Court or Transfer to District Court (Includes removal of Civil Violations for Jury Trial) 100.00 Civil Appeal to Superior Court or to Law Court 120.00 Entry of Workers’ Compensation Appeal 120.00 Entry of Appeal from Unemployment Compensation No fee Criminal Appeals No fee

C. Fees for Preparing Writs

Writ of Attachment 10.00 Writ of Replevin 10.00 Writ of Possession 10.00 Writ of Execution 10.00 Writ of Execution Renewal 10.00 Every writ not listed above 10.00

D. Fees for Summons, Subpoenas, Booklets and other forms

Form with court seal or clerk signature 1.00

Divorce Packets 1.00

Parental Rights & Paternity Packets 1.00

Small Claims, PFA and PFH Booklets No fee

Other forms -up to 3 copies No fee

(Requests for more than 3 copies to be refused; requestor can copy or arrange copying elsewhere.)

E. Fees for Ministerial Acts

Ministerial Acts (including but not limited to the following:) 1.00

Signature of clerk on documents affecting Real Estate: Lis Pendens, 14 M.R.S.A. §4455 Certificate 14 M.R.S.A. §6321 Certificate (in Foreclosure action)

14 M.R.S.A. §6653 Certificate (in Quiet Title action) Signature of Clerk of Court on Divorce Abstracts

F. Copying and Attestation Fees

Exemplifying copies (per document) Form # CR-040 5.00 Attesting copies (per document) Form # CR-041 may be used 1.00 Copies (per page) 1.00

G. Fees for Certificates

Preparation, signature and attestation of short-form

Certificate of Judgment of Divorce Form # CV-170 5.00

Certificate of Good Standing for Attorneys 3.00

H. Miscellaneous Fees

Regularly generated computer records and reports not listed above, per page 1.00

Copies of non-court documents or any other non-case related documents, per page 1.00

Fee for action as Notary Public or Dedimus Justice(fn7) 1.00

Postage and Handling Fee for Mail Requests 1.00

Schedules, trial lists, administrative orders No fee

Duplicate Tape Recordings

First Tape 20.00

Subsequent tapes in same proceeding 7.00

Listening to recordings of court proceedings pursuant to

Civil Rule 76H(e), per hour 10.00

I. Escrow Accounts

On accounts opened on or after 7/1/89 5% of total proceeds unless otherwise ordered by the Court On accounts opened before 7/1/89 1/2 of accrued interest

J. Requests for Record Checks

(fn7) No fee is to be charged for notarization of papers to be filed with the court

Clerk’s offices should respond or decline to respond to these requests as p rovided in the Public Information and Confidentiality Policy.

II. Payment

Payment in full is necessary at the time a request is made, and a receipt must be issued. Payment must be made in U.S. funds, and may be by cash, money order or check, including out-of-state instruments. Foreign checks must be imprinted as “U.S. Funds” and foreign checks not so imprinted will not be accepted.

A Clerk may refuse to accept payment by check from a person who has previously presented a check that has not been honored by a financial institution or from a person previously convicted of the crime of negotiating a worthless instrument, or if the clerk has information that indicates there are not sufficient funds available to cover the check. A $20.00 charge is assessed for each returned check.

Mail requests for copies or forms will be honored, and, unless a self-addressed stamped envelope is enclosed with the request, a standard $1.00 postage and handling charge will be assessed for each required mailing.

Charge accounts may not be maintained by a Clerk.

When the funds in an escrow account are ordered by the court to be paid to a person entitled to these funds, the clerk shall instruct the depository to write a check to Treasurer, State of Maine for 5% of the total amount in the account at the time of distribution. This applies only to escrow accounts opened on or after 7/1/89. For escrow accounts opened prior to 7/1/89 the clerk shall instruct the depository to divide in half and distribute the interest between the State of Maine and the person entitled to the funds.

III. Exemptions from fees.

The following Maine entities are exempt from the imposition of the above fees:

* Judicial Branch

* Legislature

* Executive Department Agencies

* Department of Attorney General

* District Attorneys

* Probate Courts

* State Department Quasi-Administrative agencies performing a statewide function, such as the Maine State Housing Authority and the Finance Authority of Maine.

Also exempt from the imposition of the above fees are:

* Out-of-State chartered entities that perform a general governmental function such as:

* Courts

* Department of Human Services or like agencies

The following entities are NOT exempt from the imposition of the above fees:

* Federal agencies, including military services, except where exempt by Federal Statutes in which case it would be the agency’s responsibility to demonstrate that they have that exemption.

* Municipalities

* Other local units of government

* Regional entities

* State chartered entities that do NOT perform a general governmental function

Police Departments, defense counsel or parties to a criminal action are entitled to one copy (attested or non-attested) of any document relating to that action pursuant to M.R. Crim. P. 53. Non-parties are subject to the fees set forth in this policy.

Litigants or their counsel who have been granted in forma pauperis status pursuant to M.R. Civ. P. 91, and litigants and their counsel in cases where counsel has been appointed by the court are exempt, during the pendency of that action, from payment of fees where the requested copy or service is necessary to the conduct of the action.

Copies of documents, attested or not, provided to parties, parties’ counsel or authorized representatives, or law enforcement agencies in Protection from Abuse or Protection from Harassment actions are provided without charge.

IV. Standards for Document Management

A. Preparation and Signature of Documents

Clerks of Court may sign certificates or documents prepared or completed by parties or counsel, but parties and counsel are responsible for the accuracy of the information contained in the document presented to the Clerk.

B. Retention and Distribution of Documents

Only one original may be prepared and executed of a judgment, order or other document that has independent legal significance. The original executed document must be retained in the case file. If there is a charge for the preparation of the document set by this policy, one attested copy is to be provided without additional charge. Where the legal equivalent of an original is necessary, for example, for filing in a Registry of Deeds, an attested copy should be provided and the original retained in the file.

This rule does not apply to certificates that do not in themselves have a legal significance, but that simply reflect the existence of a filing, event or other document with that significance that is retained in the court file (i.e. short-form Certificate of Judgment of Divorce; 10 M.R.S.A. §3261 certificate, 14 M.R.S.A. § §2401(3)(f), 4455, 6321, 6653 certificates). However, if a Clerk of Court executes such a certificate or document, it should be reflected in the docket. Therefore, a one page clerk’s certificate would cost $1.00, which is the fee for the clerk’s signature. The attorney or party in this case would receive the original, signed certificate, not an attested copy. However, in the case of a clerk’s certificate that is made a part of the Judgment, the original must be retained.

In order to expedite the flow of work between government agencies, Clerks of Court are authorized to accept requests from parties or counsel asking that a document or attested copy be filed with a Registry of Deeds, but only if the request is accompanied by 1) a check payable to the Registry for the appropriate fee for recording, and where the Registry is in a different facility, 2) by a postage paid pre-addressed mailing envelope. The document must indicate that it is to be returned by the Registry to the party, not the Clerk’s Office.

V. Calculation of copy fees.

Copy fees are to be charged for copies of all documents, except that each party of record is entitled to one non-attested copy of a judgment, decision or order entered by a judge or a default order entered by a Clerk of Court when the copy is provided in lieu of a notice of Docket Entry pursuant to M.R. Civ. P. 77(d).

VI. Calculation of attestation or exemplification fees.

Attestation fees and exemplification fees are calculated per attestation and per exemplification and are added to applicable copy fees. Each attested copy, (whether a multiple reproduction of the same document, or one or more copies of different documents) is charged the attestation fee, regardless of the number of pages copied (except where the requestor wants each page separately attested, in which case the fee is charged for each page). The exemplification fee does not include the attestation, and the charges are added together for each document. To exemplify a document the Exemplification form CR-040 is used.

Separate documents that are legally a part of a larger or legally consolidated document, for example an Income Withholding Order that is on a separate sheet, but legally a part of a divorce judgment, may either be attested and charged for separately, if requested, or provided as a part of a consolidated document or file. If the copy is provided as a part of a consolidated document or file, it is not charged a separate attestation fee. To attest multiple documents or an entire file, the Attestation form CR-041 is used.

Dated: December 7, 2000

___________________

James T. Glessner

State Court Administrator