HB 403, submitted on behalf of the Montana Association of Clerks of District Court, seeks to do the following:
• Provide for a reduced fee for documents provided to requestors by electronic means rather than by hard copy. The only statutory fee available for Clerks of Court to charge for copies is that which is provided for under §25-1-201(1)(d); $1.00/page for the first ten (10) pages and $.50/page for each additional page. LC1078 proposes $.50/page for all pages.
• Provide for a reduced fee for documents submitted for filing to the Clerk of Court by facsimile or email. Documents which are submitted for filing by facsimile or email must be printed by the Clerk of Court for inclusion in the court record. This shifts the duty of printing documents for filing from the filing party to the Clerk of Court (or taxpayer). Again, the only statutory fee available for Clerks of Court to charge for copies is that which is provided for under §25-1-201(1)(d); $1.00/page for the first ten (10) pages and $.50/page for each additional page.
• Clarify that copy fees apply to copies provided in criminal and civil proceedings.
• Clarify that a waiver of filing fees for indigent litigants under §25-10-404 does not include fees for copies or fees for filing documents by facsimile or email. While it is appropriate for the Court to waive the filing fee and judgment fee for indigent litigants, the cost for copies of documents being submitted for filing should remain the responsibility of the filing party.
• Clarify that governmental entities are not exempt from the fee for filing documents by facsimile or email.
HB 403, submitted on behalf of the Montana Association of Clerks of District Court, seeks to do the following:
ReplyDelete• Provide for a reduced fee for documents provided to requestors by electronic means rather than by hard copy. The only statutory fee available for Clerks of Court to charge for copies is that which is provided for under §25-1-201(1)(d); $1.00/page for the first ten (10) pages and $.50/page for each additional page. LC1078 proposes $.50/page for all pages.
• Provide for a reduced fee for documents submitted for filing to the Clerk of Court by facsimile or email. Documents which are submitted for filing by facsimile or email must be printed by the Clerk of Court for inclusion in the court record. This shifts the duty of printing documents for filing from the filing party to the Clerk of Court (or taxpayer). Again, the only statutory fee available for Clerks of Court to charge for copies is that which is provided for under §25-1-201(1)(d); $1.00/page for the first ten (10) pages and $.50/page for each additional page.
• Clarify that copy fees apply to copies provided in criminal and civil proceedings.
• Clarify that a waiver of filing fees for indigent litigants under §25-10-404 does not include fees for copies or fees for filing documents by facsimile or email. While it is appropriate for the Court to waive the filing fee and judgment fee for indigent litigants, the cost for copies of documents being submitted for filing should remain the responsibility of the filing party.
• Clarify that governmental entities are not exempt from the fee for filing documents by facsimile or email.