Fees to be charged by the clerk of the district court

N.D.C.C. § 27-05.2-03 — under Clerk of District Court Funding and Fees.

N.D.C.C. § 27-05.2-03

1. A clerk of the district court shall charge and collect the following fees in civil cases: a. For filing a case for decision that is not under subdivision b or e, one hundred sixty dollars. (1) Thirty dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the civil legal services fund. Any fees collected under this paragraph which exceed nine hundred thousand dollars in any biennium must be paid by the clerk of court to the state treasurer for deposit in the state general fund. (2) One hundred thirty dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the state general fund.

b. For filing a petition for dissolution of marriage, annulment, or separation, one hundred sixty dollars. (1) Thirty dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the civil legal services fund. Any fees collected under this paragraph which exceed nine hundred thousand dollars in any biennium must be paid by the clerk of court to the state treasurer for deposit in the state general fund. (2) One hundred dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the displaced homemaker account under section 14-06.1-14. (3) Thirty dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the state general fund. c. For filing an answer to a case other than under subdivision d or e, one hundred dollars. The clerk shall deposit this fee with the state treasurer for deposit in the general fund in the state treasury. d. For filing a motion to modify an order for spousal support, property division, child support, parental rights and responsibilities, residential responsibility, parenting time, one hundred sixty dollars. For filing an answer to a motion to modify an order for spousal support, property division, child support, parental rights and responsibilities, residential responsibility, or parenting time, one hundred dollars. The clerk shall deposit this fee with the state treasurer for deposit in the general fund of the state treasury. e. For filing a small claims action in district court, twenty dollars. f. For filing any matter authorized to be filed in the office of the clerk of court other than under subdivision a, b, or c, twenty dollars. g. For preparing, certifying, issuing, or transmitting any document, twenty dollars, or a lesser fee as may be set by the state court administrator. 2. Section 27-01-07 applies to fees charged under this section. The clerk of court may not charge or collect any fee, prescribed by this or any other section, from the state or an agency thereof or from a political subdivision or agency thereof.

27-05.2-04. Clerk to keep record of fees - Monthly report to county auditor or state treasurer - Continuing appropriation. A clerk of the district court providing clerk services in accordance with subsection 2 or 6 of section 27-05.2-02 shall keep a public record of all money received as fees for services rendered as clerk. Within three days after the close of each calendar month, the clerk shall file with the county auditor a statement under oath showing the amount of fees received as clerk since the date of the clerk's last report and within three days thereafter the clerk shall deposit with the county treasurer the total sum of such fees which must be used for facilities, except fees that the clerk is directed to deposit with the state treasurer or is authorized expressly to retain. Within three days after the close of each calendar month, a clerk who has become a state employee under subsection 3 or 4 of section 27-05.2-02 shall file with the state treasurer a statement under oath showing the amount of fees received by the clerk since the date of the clerk's last report. Within three days thereafter, the clerk shall deposit with the state treasurer the total sum of fees required to be deposited in the general fund or in a designated special fund. The clerk shall forward to the county treasurer any fees received under section 27-05.2-03 which are not required to be deposited in the state general fund or a designated special fund. Those fees must be used for facilities. A special court receivables fund is established in the state treasury for purposes of depositing any money received by the clerk which is not required to be deposited in the state general fund, a different special fund, or the county treasury and which is received as bail or restitution, or otherwise received pursuant to an order of the court. Moneys in the special fund are appropriated to the judicial branch on a continuing basis for purposes of refunding bail, forwarding restitution amounts to the entitled recipient, or otherwise making payments as directed by an order of the court. To facilitate making payments from the special fund, the clerk may establish a special account in the Bank of North Dakota or in a banking institution designated as a depository of public funds under chapter 21-04. If money

deposited as bail is forfeited, the clerk shall submit the appropriate sum to the state treasurer for deposit in the state general fund. If the clerk is unable to make payments from the special account because the address of the recipient is unknown or the recipient cannot otherwise be located, the clerk shall dispose of the deposited money in accordance with chapter 47-30.2.

27-05.2-05. Decree or judgment of divorce, annulment, or paternity filed with registrar of vital statistics. The clerk of the district court in which any decree or judgment of divorce, annulment of marriage, or paternity has been entered shall within fifteen days of the filing thereof notify the state registrar of vital statistics of the entry of the decree or judgment of divorce, annulment of marriage, or paternity and shall furnish such information relating thereto as the state registrar may require upon such forms as may be furnished by the state registrar.