Bill Text: MS HB1403 | 2024 | Regular Session | Comm Sub
Bill Title: Justice Court; revise filing fees.
Spectrum: Bipartisan Bill
Status: (Failed) 2024-04-02 - Died In Committee [HB1403 Detail]
Download: Mississippi-2024-HB1403-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representative Sanford
House Bill 1403
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 25-7-25, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN FILING FEES FOR JUSTICE COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-7-25, Mississippi Code of 1972, is amended as follows:
[Until June 30, 2025, this section shall read as follows:]
25-7-25. (1) Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10:
(a) A uniform total
fee in all civil cases, whether contested or uncontested, which shall include
all services in connection therewith, except as hereinafter stated, each * * *............................................
45.00
(b) For more than one (1) defendant, for service of process on each defendant................................... 5.00
(c) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings...................... 15.00
(d) For all services in connection with the issuance of a peace bond................................................ 25.00
(e) For celebrating a marriage, and certificate
thereof..................................................... 10.00
(f) Commission to take depositions............... 5.00
(g) Appeal with proceedings and bond............. 5.00
(h) A clerk's fee to be collected in all criminal cases in which the defendant is convicted, as follows:
(i) For all
violations in Title 63 other than driving under the influence of intoxicating
liquor or reckless driving........................................... * * * 10.00
(ii) All other criminal cases............... 25.00
(2) The justice court shall have the power to impose a fee not to exceed Fifty Dollars ($50.00) for an expungement or dismissal of any criminal affidavit, complaint or charge.
(3) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.
[From July 1, 2025, until June 30, 2026, this section shall read as follows:]
25-7-25. (1) Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10:
(a) A uniform total
fee in all civil cases, whether contested or uncontested, which shall include all
services in connection therewith, except as hereinafter stated, each............................................$ * * * 55.00
(b) For more than one (1) defendant, for service of process on each defendant................................... 5.00
(c) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings 15.00
(d) For all services in connection with the issuance of a peace bond................................................ 25.00
(e) For celebrating a marriage, and certificate
thereof.................................................. 10.00
(f) Commission to take depositions............... 5.00
(g) Appeal with proceedings and bond............. 5.00
(h) A clerk's fee to be collected in all criminal cases in which the defendant is convicted, as follows:
(i) For all
violations in Title 63 other than driving under the influence of intoxicating
liquor or reckless driving.......................................... * * * 12.50
(ii) All other criminal cases............... 25.00
(2) The justice court shall have the power to impose a fee not to exceed Fifty Dollars ($50.00) for an expungement or dismissal of any criminal affidavit, complaint or charge.
(3) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.
[From and after July 1, 2026, this section shall read as follows:]
25-7-25. (1) Costs and fees in the justice court shall be charged as follows and shall be paid in advance to the clerk of the justice court in accordance with the provisions of Section 9-11-10:
(a) A uniform total
fee in all civil cases, whether contested or uncontested, which shall include
all services in connection therewith, except as hereinafter stated, each............................................$ * * * 65.00
(b) For more than one (1) defendant, for service of process on each defendant................................... 5.00
(c) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings...................... 15.00
(d) For all services in connection with the issuance of a peace bond................................................ 25.00
(e) For celebrating a marriage, and certificate
thereof.................................................. 10.00
(f) Commission to take depositions............... 5.00
(g) Appeal with proceedings and bond............. 5.00
(h) A clerk's fee to be collected in all criminal cases in which the defendant is convicted, as follows:
(i) For all
violations in Title 63 other than driving under the influence of intoxicating
liquor or reckless driving........................................... * * * 15.00
(ii) All other criminal cases............... 25.00
(2) The justice court shall have the power to impose a fee not to exceed Fifty Dollars ($50.00) for an expungement or dismissal of any criminal affidavit, complaint or charge.
(3) In addition to the salary provided for in subsection (1) of Section 25-3-36, each justice court judge may receive a fee of not more than Twenty-five Dollars ($25.00) for each marriage ceremony he performs in the courtroom or offices of the justice court at any time the courtroom or offices are open to the public. This fee shall be paid by the parties to the marriage. Each justice court judge may receive money or gratuities for marriage ceremonies performed outside of and away from the courtroom and the offices of the justice court, that the parties to the marriage request to have performed at any time the courtroom or offices of the justice court are closed. These monies or gratuities, in an amount agreed upon by the parties to the marriage, are not considered fees for the justice court and are not subject to the requirements set forth in the provisions of Section 9-11-10.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
