§ 21-6-403 — Circuit court clerks - Uniform filing fees - Definition

Arkansas § 21-6-403

• Jurisdiction: Arkansas
• Title: 21

Text

(a) (1) The uniform filing fees to be charged by the clerks of the circuit courts for initiating or reopening a cause of action in the circuit courts in the state shall be as prescribed in this section. (2) No portion of the filing fees shall be refunded. (b) The uniform filing fees are: (1) For initiating a cause of action in the circuit court, including appeals ............... $150.00 (2) For filing a mortgagee's or trustee's notice of default and intention to sell pursuant to § 18-50-104 ............... 140.00 (3) For reopening a cause of action in the circuit court ............... 50.00 (4) For any cause of action which by court order is transferred from any district or circuit court to a circuit court ............... 50.00. (c) A fee shall not be charged or collected by the clerks of the circuit courts when the court, by order, pursuant to Rule 72 of the Arkansas Rules of Civil Procedure, allows an indigent person to prosecute a cause of action in forma pauperis. (d) An initial filing fee shall not be charged for domestic violence petitions filed pursuant to § 9-15-201 et seq. Established filing fees may be assessed pursuant to § 5-26-310 and § 9-15-202(b) and (c) . (e) (1) (A) The fee established in subdivision (b)(3) of this section shall be assessed and collected by the circuit clerk to reopen a cause of action in which a final order has been entered, so long as the new claim involves the same parties and the same issues as were present in the initial cause of action. (B) Otherwise, the circuit clerk shall assess and collect the fee established in subdivision (b)(1) of this section. (2) A fee shall not be charged or collected by the clerks of the circuit courts for reopening a cause of action in the circuit court under the following circumstances: (A) Application is made for revocation of conditional release of insanity acquittees under § 5-2-316 ; (B) An agreed order or an order of income withholding is presented to be filed, and a service of process is not required; or (C) A party to the original cause of action for whom a judgment for monetary damages was entered attempts to enforce the monetary judgment by filing a pleading or through other court action, if the pleading is filed or court action is taken within twelve (12) months of issuance of the final judgment in the case. (f) A county shall not authorize, and a circuit court clerk shall not assess or collect, any other filing fees than those authorized by this section unless specifically provided by state law. (g) The circuit court may waive the filing fee in cases of involuntary admission upon a finding that the petition is being brought for the benefit of the respondent and it would be inequitable to require the petitioner to pay the fee. (h) As used in this section, "circuit court clerk" means the circuit clerk and, with respect to probate matters, any county clerk who serves as ex officio clerk of the probate division of the circuit court. (i) (1) When a statutory cause of action waives the payment of a filing fee, no other claim for relief shall be brought in that action. (2) To assert another claim: (A) A separate case shall be opened; (B) A new case number shall be assigned; and (C) A filing fee shall be assessed.

Legislative History

Amended by Act 2019, No. 246,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 282,§ 13, eff. 3/6/2013. Acts 1977, No. 333, § 1; 1981, No. 824, § 2; 1981 (Ex. Sess.), No. 16, §§ 9, 11; 1981, (Ex. Sess.), No. 27, § 4; A.S.A. 1947, § 12-1710.2; Acts 1989, No. 534, § 1; 1989 (3rd Ex. Sess.), No. 34, § 3; 1995, No. 1256, § 3; 1997, No. 788, § 25; 1997, No. 1341, § 25; 1999, No. 1081, § 4; 2003, No. 1185, § 259; 2003, No. 1765, § 27; 2005, No. 65, § 1; 2005, No. 431, § 1; 2005, No. 1893, § 1; 2007, No. 663, § 15; 2009, No. 475, § 1.