Title 12

Regular and tales jurors serving in the circuit court in civil cases are entitled to the same fees and allowances as provided by law for criminal cases, to be evidenced and paid in the same manner. (Code 1852, §794; Code 1867, §§3467, 4345; Code 1876, §§5049, 5056; Code 1886, §36…

Jurors in the probate court are entitled to the same pay as in the circuit court, except as otherwise provided in this article, upon the certificate of the probate judge stating the number of miles traveled and the amount of compensation to which they are entitled, to be paid in …

The viewing jurors in cases of erection of dams and establishment of public mills and all jurors summoned under writs of ad quod damnum are each entitled to $5.00 per day, to be paid by the applicant before return of verdict. (Code 1852, §2114; Code 1867, §2506; Code 1876, §5052;…

Jurors summoned under the provisions of this code to pass upon the soundness of mind of a person, with a view to the appointment of a guardian, are each entitled to receive $5.00 per day of attendance, to be paid on the certificate of the probate judge in the same manner as regul…

In civil cases in circuit court and district court, witness fees shall be collected in the amount prescribed by law and shall be distributed to witnesses pursuant to law. (Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; 1976, No. 564, p. 763.)

(a) Witnesses shall be allowed $1.50 per day in civil cases; also, $.05 per mile for each mile to and from their residence by the usual traveled route and all necessary ferriage, tolls of turnpikes and toll bridges, whether attending under subpoena or at the request of the party.…

(a) After the trial, continuance of the cause or discharge of the witness, the clerk must, on his application and upon his oath, give the witness a certificate setting forth the cause in which he was a witness, the party by whom he was summoned or on whose request he attended, th…

The certificate issued to the witness entitles him to demand, of the party summoning or at whose request he attended, the amount therein stated and is presumptive evidence that such amount is due in any proceeding instituted for its recovery; and, if in any civil case, on demand …

(a) Upon the final disposition of any civil case, the amount proved by the witnesses, as provided in this article, must be taxed in the bill of costs against the rightful party, setting forth the name of each witness and the amount allowed him, which must be collected by the sher…

Witnesses in proceedings in probate court are entitled to the same fees as in circuit court, to be taxed as costs, except in inquisition proceedings regarding mental illness, in which they shall receive $.75 per day, to be taxed and collected the same as fees or compensation of j…

Witnesses summoned in ad quod damnum proceedings, to assess the damages to real estate from taking land, are entitled to the same fees and allowances as in the circuit court, to be taxed as costs. (Code 1876, §5060; Code 1886, §3698; Code 1896, §1388; Code 1907, §3683; Code 1923,…

Any person entitled to such witness fees shall present his claim for payment to the court clerk within three months from the date of its collection by the clerk, by presenting the witness certificate or by filing an affidavit showing its loss and his right and title to the paymen…

All court clerks in this state, upon the expiration of their several terms of office, shall pay over to their several successors in office all witness fees in their hands and which have been collected by them and which have not been paid into the State Treasury and shall furnish …

(a) A volunteer firefighter or a volunteer emergency medical service provider who is subpoenaed to appear as a witness for a deposition or court hearing in connection with a civil matter regarding an event or transaction which he or she witnessed or investigated in the course of …

(a) Probate judges must keep posted, in a conspicuous place in their respective offices, a complete list of all the fees allowed by law to them and must furnish a copy thereof on application. (b) Any probate judge who fails to comply with the provisions of subsection (a) of this …

All officers entitled to fees or costs must, on demand, make out a bill of such fees or costs, stating each item distinctly, and, except in cases where it is expressly authorized, no fee shall be charged for taxing costs or furnishing a copy of the bill. (Code 1852, §§3054, 3058;…

It shall be the duty of the several probate judges to make out an itemized account for their official services before their fees are due and collectible. (Code 1876, §5031; Code 1886, §3686; Code 1896, §1376; Code 1907, §3721; Code 1923, §7286; Code 1940, T. 11, §33.)

(a) Fees allowed by law in connection with proceedings before probate judges shall be collected either at the time the pleading is filed in probate court or at the termination of the suit, as determined by the court. Fees for transcripts of papers filed in the case to which parti…

Persons entitled to an allowance by the county commission for what are commonly called ex officio services shall, before the allowance is made, itemize such services and make oath thereto, as in the case of other claims against the county. The compensation allowed shall be the fa…

The probate judges must keep constantly in their offices, free to public inspection, a book in which must be entered all fees received by virtue of their office, stating for what and from whom received. (Code 1852, §3067; Code 1867, §3538; Code 1876, §5021; Code 1886, §3678; Code…

Any officer authorized by law to take fees who knowingly receives any other or higher fees than are prescribed by law shall be liable to the party aggrieved for fourfold the fees so received, to be recovered in any court of competent jurisdiction. (Code 1852, §3059; Code 1867, §3…

(a) Any probate judge who knowingly receives any other or higher fees than are allowed by law shall forfeit $50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal representative or guardian, shall be assets of the estate. This penalty sh…

The probate judge must take and approve security for costs in all suits within the jurisdiction of his court commenced by or for the use of a nonresident of this state. (Code 1886, §2863; Code 1896, §1352; Code 1907, §3692; Code 1923, §7254; Code 1940, T. 11, §64; Acts 1975, No. …

(a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed against the defendant. (b) A plaintiff may have execution against a defendant for prepaid fees assessed as costs against a defendant by a final judgment. (c) Execution may be had aga…

(a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of an execution “no property found” against the defendant by the proper officer of the county in which the judgment was entered, or, if the execution …

If an appeal to the circuit court is taken in a civil case, the clerk in making records available to the circuit court shall submit a cost bill from the district court and the final assessment of cost will be made in the circuit court. The appellant shall pay the circuit court do…

If it shall be made to appear that usurious interest has been intentionally taken or reserved, the defendant shall recover full costs. (Code 1852, §2377; Code 1867, §2781; Code 1876, §3130; Code 1886, §2839; Code 1896, §1328; Code 1907, §3665; Code 1923, §7225; Code 1940, T. 11, …

When judgment is entered against the plaintiff in any action brought in the name of a nominal plaintiff for the use of another, judgment for costs must be entered against the beneficiary or his personal representative. (Code 1852, §2383; Code 1867, §2787; Code 1876, §3136; Code 1…

(a) If the taxation of costs by a probate court is excessive by charging the costs of witnesses who were not examined, by charging costs to an improper party or by taxing costs contrary to law, the party aggrieved may move the court for a retaxation, setting forth the particulars…

(a) There shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed in circuit court or in district court. (b) The docket fee may be waived initially and taxed as costs at the conclusion of the case if the court f…

(a) The filing fees that shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, totals one thousand five hundre…

The filing fees collected in civil cases shall be distributed as follows: (1) For cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or…

(a) The following defendant service fees shall be collected in civil cases in circuit court and district court: For each defendant in excess of one, where personal service is required, there shall be collected a service fee of $10.00; provided, however, where service on any defen…

(a) In civil cases in circuit court and district court, for the issuance of witness subpoenas a fee of twelve dollars ($12) shall be collected for each subpoena. Subpoena fees shall be paid at the time the subpoena is requested unless the court has approved an affidavit of substa…

(a) In civil cases in circuit court and district court there shall be collected a fee for the initiation of each of the following postjudgment proceedings: Attachment, garnishment, and execution. The fee for such proceeding shall be paid at the time the proceeding is initiated. (…

(a) The following fees for service provided by the probate offices shall be charged and paid into the county treasury or to the judge of probate as may be authorized or required by law: (1) Probate of will of not more than five pages, whether contested or not, with three certifie…

(a) The clerks of the courts of appeal shall be entitled to receive the following fees for the following services, to be paid to the treasurer as provided in this article: (1) Docketing each case ..... $ .30 (2) Entering each appearance, to include all attorneys appearing on the …

(a) Constables shall be entitled to the following fees for the following services in civil cases in which the amount in controversy is less than $20.00: (b) In civil cases, the fees of constables shall be the same as the sheriff’s fees on December 18, 1973, when performing the sa…

The coroners shall be entitled to receive, for services rendered by them in civil cases, the same fees as were allowed to sheriffs for like services on December 18, 1973. (Code 1886, §3688; Code 1896, §1378; Code 1907, §3723; Code 1923, §7288; Code 1940, T. 11, §37; Acts 1975, No…

Fees due to constables and coroners for services in connection with district and circuit court proceedings shall be payable from the county treasury upon a sworn statement certified by the circuit clerk and shall not affect the collection and distribution of uniform fees. (Acts 1…

No coroner or constable shall collect or reserve commissions on costs taxed in an execution put in his hands. The commissions allowed by law shall be collected or received only on the principal, damages and interest of the execution. (Code 1852, §3062; Code 1867, §3533; Code 1876…

Coroners or constables shall not be entitled to full commissions until after actual levy of execution on property of the defendant and the money made or paid to the plaintiff in execution, and then only on the amount actually collected or paid. (Code 1852, §3055; Code 1867, §3526…

When the coroner or constable has levied execution and, before sale, it is stayed by order of the plaintiff, the coroner or constable so levying shall receive only half commission. (Code 1852, §3056; Code 1867, §3527; Code 1876, §5010; Code 1886, §3670; Code 1896, §1358; Code 190…

Clerks of the circuit courts and registers of the circuit courts are prohibited from receiving any fees or allowances out of the county treasury for keeping direct and reverse indexes to books and records required by law. (Code 1876, §5023; Code 1886, §3674; Code 1896, §1362; Cod…

(a) It is hereby declared to be the policy of the state that docket fees and other court costs in criminal cases shall generally be assessed only upon conviction. It is further declared to be the policy of the state that a creditor shall not use the criminal process in order to c…

If the defendant is convicted of a misdemeanor and confesses judgment for the fees and fine, the fees set forth in Sections 12-19-170 through 12-19-172, and the applicable fine shall be collected by execution against the defendant. (Acts 1975, No. 1205, p. 2384, §16-119.)