§ 8020 — County clerks as clerks of court

§ 8020. County clerks as clerks of court. Whenever a county clerk\nrenders a service in his capacity as clerk of the supreme or a county\ncourt, in an action pending in such court, he is entitled to the fees\nspecified in this section, payable in advance.\n (a) Placing cause on calendar. For placing a cause on a calendar for\ntrial or inquest, one hundred twenty-five dollars in the supreme court\nand county court; except that where rules of the chief administrator of\nthe courts require that a request for judicial intervention be made in\nan action pending in supreme court or county court, the county clerk\nshall be entitled to a fee of ninety-five dollars, payable before a\njudge may be assigned pursuant to such request, and thereafter, for\nplacing such a cause on a calendar for trial or inquest, the county\nclerk shall be entitled to an additional fee of thirty dollars, and no\nother fee may be charged thereafter pursuant to this subdivision; except\nthat the county clerk shall be entitled to a fee of forty-five dollars\nupon the filing of each motion or cross motion in such action. However,\nno fee shall be imposed for a motion which seeks leave to proceed as a\npoor person pursuant to subdivision (a) of section eleven hundred one of\nthis chapter.\n (b) Calendar fee for transferred cause, joint trial, retrial, or\nseparate trial. Where a cause which has been placed upon a calendar is\ntransferred before trial to a court for which a larger calendar fee is\nprescribed, the difference in calendar fee shall be paid at the time the\ncause is placed upon the calendar of the latter court, except that no\nadditional fee shall be required when the action is transferred for the\npurpose of consolidation or trial jointly with another action. No\nseparate calendar fee shall be imposed for a retrial of a cause or for\nthe trial of a separate issue in a cause.\n (c) Filing demand for jury trial. For filing a demand for a jury trial\nin the following counties, where the right to a jury trial is duly\ndemanded:\n 1. in the counties within the city of New York, sixty-five dollars in\nthe supreme court;\n 2. in all other counties, sixty-five dollars in the supreme court and\ncounty court.\n (d) Filing a stipulation of settlement or a voluntary discontinuance.\nFor filing a stipulation of settlement pursuant to rule twenty-one\nhundred four of this chapter or a notice, stipulation, or certificate\npursuant to subdivision (d) of rule thirty-two hundred seventeen of this\nchapter, the defendant shall file and pay:\n 1. in the counties within the city of New York, thirty-five dollars in\nthe supreme court.\n 2. in all other counties, thirty-five dollars in the supreme court and\ncounty court.\n Provided, however, that only one such fee shall be charged for each\nnotice, stipulation or certificate filed pursuant to this subdivision.\n (e) Jury fee for transferred cause, joint trial, retrial or separate\ntrial. Where a cause in which a jury has been demanded is transferred\nbefore trial to a court for which a larger jury fee is prescribed, the\ndifference in the jury fee shall be paid at the time the cause is placed\nupon the calendar of the latter court, except that no additional fee\nshall be required when the action is transferred for the purpose of\nconsolidation or trial jointly with another action in which a jury fee\nhas previously been paid. No separate jury fee shall be imposed for a\nretrial of a cause or for the trial of a separate issue in a cause.\n (f) Certification, exemplification, and copies of papers.\n 1. For issuing any certificate, in counties within the city of New\nYork, eight dollars, and in all other counties, four dollars, except as\notherwise expressly provided in this article.\n 2. For a certificate of exemplification, exclusive of certification,\nin counties within the city of New York, twenty-five dollars, and in all\nother counties, ten dollars.\n (g) Searches. For certifying to a search of any court records for a\nconsecutive two-year period or fraction thereof, for each name so\nsearched, five dollars.\n (h) Production of court records. For each day or part thereof in\nattendance in any action pursuant to a subpoena duces tecum, twenty\ndollars, and in addition thereto, mileage fees of twelve cents per mile\neach way and the necessary expenses of the messenger, except that if the\nsubpoena duces tecum be served within the city of New York, and the\nplace of attendance is within the city of New York, then actual\ntransportation costs shall be charged instead of the mileage fees.\n