§ 33-106 — Clerk of the district court; fees; enumerated

Nebraska § 33-106

• Jurisdiction: Nebraska
• Ch. 33: Fees and Salaries

Text

(1) In addition to the judges' retirement fund fee provided in section 24-703 and the fees provided in section 33-106.03 and except as otherwise provided by law, the fees of the clerk of the district court shall be as provided in this section. There shall be a docket fee of forty-two dollars for each civil and criminal case except:
(a) There shall be a docket fee of twenty-five dollars for each case commenced by filing a transcript of judgment from another court in this state for the purpose of obtaining a lien;
(b) For proceedings under the Nebraska Workers' Compensation Act and the Employment Security Law, when provision is made for the fees that may be charged; and
(c) There shall be a docket fee of twenty-seven dollars for each criminal case appealed to the district court from any court inferior thereto.
(2) In all cases, other than those appealed from an inferior court or original filings which are within jurisdictional limits of an inferior court and when a jury is demanded in district court, the docket fee shall cover all fees of the clerk, except that the clerk shall be paid for each copy or transcript ordered of any pleading, record, or other document and that the clerk shall be entitled to a fee of fifteen dollars for a records management fee which will be taxed as costs of the case.
(3) In all civil cases, except habeas corpus cases in which a poverty affidavit is filed and approved by the court, and for all other services, the docket fee or other fee shall be paid by the party filing the case or requesting the service at the time the case is filed or the service requested.
(4) For any other service which may be rendered or performed by the clerk but which is not required in the discharge of his or her official duties, the fee shall be the same as that of a notary public but in no case less than one dollar.

Legislative History

Source: R.S.1866, c. 19, § 3, p. 157; Laws 1877, § 5, p. 217; Laws 1899, c. 31, § 1, p. 164; Laws 1905, c. 68, § 1, p. 363; Laws 1909, c. 55, § 1, p. 280; R.S.1913, §§ 2421, 2429; Laws 1917, c. 40, § 1, p. 119; Laws 1919, c. 82, § 1, p. 204; C.S.1922, §§ 2362, 2369; Laws 1925, c. 81, § 1, p. 255; Laws 1927, c. 118, § 1, p. 328; C.S.1929, §§ 33-101, 33-108; R.S.1943, § 33-106; Laws 1947, c. 120, § 1, p. 353; Laws 1949, c. 94, § 1(1), p. 252; Laws 1951, c. 106, § 2, p. 512; Laws 1959, c. 140, § 4, p. 546; Laws 1961, c. 157, § 1, p. 480; Laws 1965, c. 125, § 3, p. 463; Laws 1977, LB 126, § 2; Laws 1981, LB 84, § 1; Laws 1983, LB 617, § 4; Laws 1986, LB 811, § 14; Laws 1986, LB 333, § 8; Laws 2003, LB 760, § 13; Laws 2005, LB 348, § 7; Laws 2011, LB17, § 5; Laws 2017, LB307, § 1; Laws 2018, LB193, § 70; Laws 2020, LB912, § 16. Cross References: Employment Security Law, see section 48-601. Nebraska Workers' Compensation Act, see section 48-1,110. Annotations: 1. Fees 2. Interest 3. Court costs 1. Fees This section does not require the clerk of the district court to account to the county for any naturalization fees collected by him. State ex rel. Douglas County v. Smith, 102 Neb. 82, 165 N.W. 896 (1917). It is the duty of the clerk of the district court to collect in advance all fees provided by the statute for any service required of him. State v. Several Parcels of Land, 82 Neb. 51, 117 N.W. 450 (1908). It is the duty of a clerk of the district court to require payment in advance or security for the payment of all fees for his services, and the sureties on his official bond are liable for all fees remaining uncollected at the expiration of his term. Boettcher v. Lancaster County, 74 Neb. 148, 103 N.W. 1075 (1905). A clerk of the district court who makes certified transcripts of his records is entitled to fees for both the transcript and the certificate. The word certificate as used in this section refers to the act of certification as distinguished from the paper and its contents upon which the certificate is placed. Sheibley v. Hurley, 74 Neb. 31, 103 N.W. 1082 (1905). A clerk of the district court is not entitled to fees for attaching a separate certificate and seal to each paper and journal entry of which he makes a copy where at the end of the transcript a general certificate is made which includes the same matters covered by the other certificates. Lydick v. Palmquist, 31 Neb. 300, 47 N.W. 918 (1891). 2. Interest Interest on money paid in to clerk of district court by bidders at tax foreclosure sale is not a perquisite of the office. Bordy v. Smith, 150 Neb. 272, 34 N.W.2d 331 (1948). Interest received by a county treasurer on deposit of public money is a perquisite within the meaning of this section. Scotts Bluff County v. McHenry, 130 Neb. 717, 266 N.W. 586 (1936). 3. Court costs Court costs are the property of such persons for whose benefit they are primarily allowed and taxed, and attorney's fees allowed as costs actually belong to the attorney although awarded to the client. Solomon v. A. W. Farney, Inc., 136 Neb. 338, 286 N.W. 254 (1939). A fee bill issued under this section is valid where a judgment for costs has been recovered and the costs have been taxed by the clerk of the district court and itemized upon the fee book prior to the issuance of a fee bill. Citizens National Bank v. Gregg, 53 Neb. 760, 74 N.W. 273 (1898).