(a) Except as otherwise provided by law, the filing fees and costs provided in this section in civil cases are chargeable and must be collected at the time the services are requested from the clerk or other officer of the court; however, this section does not limit the ability of a party to initiate a judicial proceeding by filing a pauper's oath. If a party requests services from the clerk but fails to pay the applicable filing fees at the time of the request, then the clerk shall give notice to the party and counsel of record, if any, of the party's non-compliance with this section within ten (10) business days. If the party fails to correct the party's non-compliance within ten (10) business days of the date of the notice of non-compliance, then the clerk may move the court for relief, up to and including striking a filing or dismissing the judicial proceeding. If payment of the clerk's filing fees or costs would create a substantial hardship for a party, then the court is encouraged to use the discretion provided in Rule 29 of the Rules of the Supreme Court to find that the party is indigent, even if that party does not meet the Legal Services Corporation's poverty guidelines. If a party, other than a party who initiated a judicial proceeding under a pauper's oath, pays filing fees or costs at the time the services are requested, such payment must be deemed to satisfy the requirement for security to be given for filing fees or costs, pursuant to § 20-12-120. An attorney filing the judicial proceeding must have the option to sign a cost bond in lieu of the party paying the clerk's filing fees or costs at the time services are requested. The clerk shall not refuse to file a judicial proceeding where the attorney has opted to sign a cost bond. In any judicial proceeding where the clerk refuses to accept such cost bond in lieu of the party paying the clerk's filing fees or costs, the clerk forfeits all filing fees or costs in that judicial proceeding. These requirements for filing fees or costs to be paid or security provided when services are requested from the clerk do not apply in criminal cases. The filing fees and costs listed in this section do not include officer's fees as provided for in § 8-21-901 and elsewhere. These filing fees and costs also do not include state and local litigation taxes.
(b) Filing Fees in Civil Cases in Circuit and Chancery Courts. The clerks of the circuit and chancery courts shall charge a standard filing fee as set forth below: FILING FEES IN CHANCERY As of As of As of AND CIRCUIT COURTS January January January 1, 2026 1, 2027 1, 2028 Enforcement of contracts; injunctions; $275$300 $325personal injury and property damage; malpractice; health care liability; wrongful death; employment and all other forms of discrimination; will contests; in solemn form probate administrations; civil rights; tax disputes; special remedies; property disputes; and any other type of judicial proceedings not otherwise designated in this section or elsewhere by lawDivorces involving minor children$250$275 $300Divorces that do not involve minor children$175$200 $225Appeals from juvenile, general sessions,$200$225 $250probate, municipal courts, or administrativeagenciesTransfers from foreign jurisdictions or$200$225 $250enforcement of foreign judgmentsRequests for writs of mandamus; quo $200$225 $250warranto; or writs of certiorariCondemnations or inverse condemnations$200$225 $250Restoration of citizenship rights$150$175 $200Delayed or corrected birth certificates$150$175 $200Adoptions; legitimations; paternity; $100$100 $100termination of parental rights; name changes; minor settlements; civil expungements as authorized by law; orders of protection; emergency custody; requests for removal from custody; contempts; modifications of parenting plan; and any other domestic relations judicial proceedings not otherwise designated in this section or elsewherebylawChild support enforcements or modifications$75$75 $75(including interstate support actions)Delinquent property tax (per parcel)$42$42 $42
FILING FEES IN CHANCERY As of As of As of AND CIRCUIT COURTS January January January 1, 2026 1, 2027 1, 2028
Enforcement of contracts; injunctions; $275$300 $325
personal injury and property damage; malpractice; health care liability; wrongful death; employment and all other forms of discrimination; will contests; in solemn form probate administrations; civil rights; tax disputes; special remedies; property disputes; and any other type of judicial proceedings not otherwise designated in this section or elsewhere by law
Divorces involving minor children$250$275 $300
Divorces that do not involve minor children$175$200 $225
Appeals from juvenile, general sessions,$200$225 $250
probate, municipal courts, or administrative
agencies
Transfers from foreign jurisdictions or$200$225 $250
enforcement of foreign judgments
Requests for writs of mandamus; quo $200$225 $250
warranto; or writs of certiorari
Condemnations or inverse condemnations$200$225 $250
Restoration of citizenship rights$150$175 $200
Delayed or corrected birth certificates$150$175 $200
Adoptions; legitimations; paternity; $100$100 $100
termination of parental rights; name changes; minor settlements; civil expungements as authorized by law; orders of protection; emergency custody; requests for removal from custody; contempts; modifications of parenting plan; and any other domestic relations judicial proceedings not otherwise designated in this section or elsewherebylaw
Child support enforcements or modifications$75$75 $75
(including interstate support actions)
Delinquent property tax (per parcel)$42$42 $42
(c) Filing Fees in Courts Administering Estates. (1) The clerks of courts administering estates shall charge a standard filing fee as set forth below: FILING FEES IN COURTS As of As of As of ADMINISTERING ESTATES January January January 1, 2026 1, 2027 1, 2028 Probate estates (including general $275 $300 $325administrations, small estates, insolvent estates,and muniment of title); conservatorships;or guardianshipsRequests in probate estates to sell real $200 $200 $200property; year's support, exempt property, orhomestead; insolvency; or interpretationCreditor claims against probate estates$50 $50 $50(this fee shall also be the fee previously setforth in § 8-21-401 (c)(1)(A) for purposes offiling a claim)Exceptions to any creditor claims against $100 $100 $100probate estateMental health laws compiled under title 33$50 $50 $50 (2) The clerks of courts administering estates shall charge the standard costs as set forth below: COSTS IN COURTS ADMINISTERING As of As of As of ESTATES January January January 1, 2026 1, 2027 1, 2028 For filing and docketing any request on an$25 $25 $25existing estate, other than a request toclose the estate, not otherwisedesignated in this section or elsewhere bylaw (this fee shall also be the feepreviously set forth in 8-21-401(c)(6) forpurposes of filing a motion to transfer aguardianship or conservatorship)For entering any order on an existing$20 $20 $20estate, other than closing order, nototherwise designated in this section orelsewhere by lawFor issuing each summons, subpoena,$10 $10 $10citation, writ, notice (including copies ofprocess when required by law)For filing any document not otherwise$7 $7 $7designated in this section or elsewhere bylaw (this fee shall also be the feepreviously set forth in§ 8-21-401(c)(9) forpurposes of notices pursuant to a claimby a personal representative)For filing, reviewing, recording, and$75 $75 $75entering any accounting or settlement
(1) The clerks of courts administering estates shall charge a standard filing fee as set forth below:
FILING FEES IN COURTS As of As of As of ADMINISTERING ESTATES January January January 1, 2026 1, 2027 1, 2028
Probate estates (including general $275 $300 $325
administrations, small estates, insolvent estates,and muniment of title); conservatorships;or guardianships
Requests in probate estates to sell real $200 $200 $200
property; year's support, exempt property, orhomestead; insolvency; or interpretation
Creditor claims against probate estates$50 $50 $50
(this fee shall also be the fee previously setforth in § 8-21-401 (c)(1)(A) for purposes offiling a claim)
Exceptions to any creditor claims against $100 $100 $100
probate estate
Mental health laws compiled under title 33$50 $50 $50
(2) The clerks of courts administering estates shall charge the standard costs as set forth below:
COSTS IN COURTS ADMINISTERING As of As of As of ESTATES January January January 1, 2026 1, 2027 1, 2028
For filing and docketing any request on an$25 $25 $25
existing estate, other than a request toclose the estate, not otherwisedesignated in this section or elsewhere bylaw (this fee shall also be the feepreviously set forth in 8-21-401(c)(6) forpurposes of filing a motion to transfer aguardianship or conservatorship)
For entering any order on an existing$20 $20 $20
estate, other than closing order, nototherwise designated in this section orelsewhere by law
For issuing each summons, subpoena,$10 $10 $10
citation, writ, notice (including copies ofprocess when required by law)
For filing any document not otherwise$7 $7 $7
designated in this section or elsewhere bylaw (this fee shall also be the feepreviously set forth in§ 8-21-401(c)(9) forpurposes of notices pursuant to a claimby a personal representative)
For filing, reviewing, recording, and$75 $75 $75entering any accounting or settlement
(d) Costs in Criminal Cases in Courts of Record. (1) The clerks of the criminal courts of record shall charge the standard costs as set forth below: COSTS IN CRIMINAL COURTS As of As of As of OF RECORD January January January 1, 2026 1, 2027 1, 2028 Standard cost (per case, per defendant)$275$300 $300Violation of probation or post-judgment$100$100 $100actions other than expunctionsCriminal contempt actions (including criminal $75 $75 $75contempt proceedings in civil courts); failure toappear; request for bonding company release fromfinal forfeiture; request to reinstate a driver license;or requests for relief (2) The clerks may charge a cost of up to one hundred dollars ($100) for expunctions.(3) Reimbursement from the state is limited to the fees and costs in effect prior to January 1, 2006.
(1) The clerks of the criminal courts of record shall charge the standard costs as set forth below:
COSTS IN CRIMINAL COURTS As of As of As of OF RECORD January January January 1, 2026 1, 2027 1, 2028
Standard cost (per case, per defendant)$275$300 $300
Violation of probation or post-judgment$100$100 $100
actions other than expunctions
Criminal contempt actions (including criminal $75 $75 $75
contempt proceedings in civil courts); failure toappear; request for bonding company release fromfinal forfeiture; request to reinstate a driver license;or requests for relief
(2) The clerks may charge a cost of up to one hundred dollars ($100) for expunctions.
(3) Reimbursement from the state is limited to the fees and costs in effect prior to January 1, 2006.
(e) Filing Fees in Juvenile Courts. The clerks of the juvenile courts shall charge a standard filing fee as set forth below: FILING FEES IN JUVENILE As of As of As of COURTS January January January 1, 2026 1, 2027 1, 2028 Request to establish support or$100$100 $100nonsupport; proceedings related toparentage; paternity cases; legitimations;and any other type of actions nototherwise designated in this section orelsewhere by lawChild support enforcements or$75 $75 $75modifications (including interstate support actions)Traffic actions; consent orders;$42 $42 $42diversions or nonjudicial disposition ofjuvenile cases; voluntary motions togrant custody; marriage waivers;attachments pro corpus; or bench warrantsRestricted licenses; drug screenings;$25 $25 $25entering orders of appeal and takingappeal bonds; entering judgments fromappellate courts; entering orders allowingrehearing; or special pleasDelinquency; unruly actions; felony or$62 $62 $62misdemeanor judicial proceedings
FILING FEES IN JUVENILE As of As of As of COURTS January January January 1, 2026 1, 2027 1, 2028
Request to establish support or$100$100 $100
nonsupport; proceedings related toparentage; paternity cases; legitimations;and any other type of actions nototherwise designated in this section orelsewhere by law
Child support enforcements or$75 $75 $75
modifications (including interstate support actions)
Traffic actions; consent orders;$42 $42 $42
diversions or nonjudicial disposition ofjuvenile cases; voluntary motions togrant custody; marriage waivers;attachments pro corpus; or bench warrants
Restricted licenses; drug screenings;$25 $25 $25
entering orders of appeal and takingappeal bonds; entering judgments fromappellate courts; entering orders allowingrehearing; or special pleas
Delinquency; unruly actions; felony or$62 $62 $62
misdemeanor judicial proceedings
(f) Filing Fees in Civil General Sessions Courts. (1) The clerks of the criminal courts of record shall charge the standard costs as set forth below: FILING FEES IN CIVIL As of As of As of GENERAL SESSIONS COURTS January January January 1, 2026 1, 2027 1, 2028 Enforcement of contracts; collections;$50 $50 $50torts; citations; detainer warrants;appeals of decisions denying issuance ofhandgun permits; and any other type ofaction not otherwise designated in thissection or elsewhere by lawShort-term mental health commitments$42 $42 $42Orders of protection (shall be charged$100$100 $100and collected in the manner providedin § 36-3-617) (2) When a general sessions court is exercising concurrent civil jurisdiction with a court of record, the clerk shall charge the litigation taxes and costs applicable in courts of record.
(1) The clerks of the criminal courts of record shall charge the standard costs as set forth below:
FILING FEES IN CIVIL As of As of As of GENERAL SESSIONS COURTS January January January 1, 2026 1, 2027 1, 2028
Enforcement of contracts; collections;$50 $50 $50
torts; citations; detainer warrants;appeals of decisions denying issuance ofhandgun permits; and any other type ofaction not otherwise designated in thissection or elsewhere by law
Short-term mental health commitments$42 $42 $42
Orders of protection (shall be charged$100$100 $100
and collected in the manner providedin § 36-3-617)
(2) When a general sessions court is exercising concurrent civil jurisdiction with a court of record, the clerk shall charge the litigation taxes and costs applicable in courts of record.
(g) Costs in Criminal General Sessions Courts. (1) The clerks of the criminal courts of record shall charge the standard costs as set forth below: COSTS IN CRIMINAL As of As of As of GENERAL SESSIONS COURTS January January January 1, 2026 1, 2027 1, 2028 Standard cost for cases not involving$62 $62 $62traffic citations (per conviction, perdefendant)For cases involving traffic citations$42 $42 $42Failure to appear$40 $40 $40Issuance of bench warrant, capias, or$40 $40 $40other process to compel the defendant'sattendance at the courtCalling in surety (per each time a scire$40 $40 $40facias or other proceeding is instituted tobring in a surety, or make action againsta bond for failure to appear)Requests for bonding company release$75 $75 $75from final forfeiture or requests toreinstate a driver license (2) The clerks may charge a cost of up to one hundred dollars ($100) for expunctions.(3) Reimbursement from the state is limited to the fees and costs in effect prior to January 1, 2006.
(1) The clerks of the criminal courts of record shall charge the standard costs as set forth below:
COSTS IN CRIMINAL As of As of As of GENERAL SESSIONS COURTS January January January 1, 2026 1, 2027 1, 2028
Standard cost for cases not involving$62 $62 $62
traffic citations (per conviction, perdefendant)
For cases involving traffic citations$42 $42 $42
Failure to appear$40 $40 $40
Issuance of bench warrant, capias, or$40 $40 $40
other process to compel the defendant'sattendance at the court
Calling in surety (per each time a scire$40 $40 $40
facias or other proceeding is instituted tobring in a surety, or make action againsta bond for failure to appear)
Requests for bonding company release$75 $75 $75
from final forfeiture or requests toreinstate a driver license
(2) The clerks may charge a cost of up to one hundred dollars ($100) for expunctions.
(3) Reimbursement from the state is limited to the fees and costs in effect prior to January 1, 2006.
(h) Clerk's Commissions. The clerks of courts shall charge the standard commissions as set forth below: COMMISSIONS IN ALL COURTS As of As of As of January January January 1, 2026 1, 2027 1, 2028 Except as otherwise provided, for5% 5% 5%receiving and paying over all taxes,fines, forfeitures, fees, andmercementsIn counties having a population of more10% 10% 10%than seven hundred thousand (700,000),according to the 1990 federal census or any subsequent federalcensus, for receiving and paying over alltaxes, fines, forfeitures, fees, andamercementsFor receiving and paying over all taxes6.75%6.75% 6.75%on litigationFor selling real or personal property3% 3% 3%under court order, and receiving into thecourt's registry, collecting, and payingout the proceeds (the clerk shall collectthe sheriff's fee for each party in aproceeding to sell real property)For investing funds as directed by court5% 5% 5%order (as a percentage of earnings)
COMMISSIONS IN ALL COURTS As of As of As of January January January 1, 2026 1, 2027 1, 2028
Except as otherwise provided, for5% 5% 5%
receiving and paying over all taxes,fines, forfeitures, fees, andmercements
In counties having a population of more10% 10% 10%
than seven hundred thousand (700,000),according to the 1990 federal census or any subsequent federalcensus, for receiving and paying over alltaxes, fines, forfeitures, fees, andamercements
For receiving and paying over all taxes6.75%6.75% 6.75%
on litigation
For selling real or personal property3% 3% 3%
under court order, and receiving into thecourt's registry, collecting, and payingout the proceeds (the clerk shall collectthe sheriff's fee for each party in aproceeding to sell real property)
For investing funds as directed by court5% 5% 5%
order (as a percentage of earnings)
(i) Costs in all Courts. (1) The clerks of court shall charge the standard costs as set forth below: COSTS IN ALL COURTS As of As of As of January January January 1, 2026 1, 2027 1, 2028 For issuing each original, alias, or plures$10 $10 $10subpoena or subpoena duces tecumFor fulfilling a document request, other$0.50$0.50 $0.50than an original filing and other thanwhen preparing a record upon appeal(per page)For making certification and seal,$5 $5 $5providing a copy of an abstract, orproviding driver license certificationFor preparing and acknowledging any$50 $50 $50deed or other instrument transferringownership pursuant to court orderFor issuing summonses to empanel a$100$100 $100juryPost-judgment fee per each occurrence$25 $25 $25regardless of whether judgment isenforced by garnishment, execution,levy, or other process, including, but notlimited to, interrogatories, publications,motions to set installment payments,orders, or pleasTo re-open any closed case$75 $75 $75For conducting computer searches for$7 $7 $7any public record having a commercialvalue.Post-judgment fee per each occurrence$25 $25 $25regardless of whether judgment isenforced by garnishment, execution,levy, or other process, including, but notlimited to, interrogatories, publications,motions to set installment payments,orders, or pleasTo re-open any closed case$75 $75 $75For conducting computer searches for$7 $7 $7any public record having a commercial valueFor receiving and any paying out funds$25 $25 $25paid into the court's registry pursuant toan installment payment planFor preparing a record on appeal from a$300$300 $300court of record to an appellate courtFor preparing and causing a public$25 $25 $25notice to be publishedFor preparing and filing each clerk's$25 $25 $25reportFor entry of an order directing the clerk$100$100 $100to sell a property in a delinquent propertytax judicial proceeding (per parcel))For filing and docketing any request for$75 $75 $75redemption of a parcel of property or toclaim excess sale proceeds in adelinquent property tax judicialproceeding (per request to be paidby the requesting party at thetime of filing) (2) The clerks of court shall charge a cost of ten dollars ($10.00) for each requested continuance. Of this cost, the clerk shall deposit five dollars ($5.00) into the county general fund to be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county. For each fiscal year, the court security committee, created by § 16-2-505(d)(2), shall develop and submit recommendations to the county legislative body regarding how such funds must be utilized. The clerk shall collect the costs for continuances at the conclusion of the judicial proceeding. If multiple litigants request a continuance, the judge may assess the costs to one (1) or more parties.(3) For receiving funds paid into the court's registry on confirmation of private sales or other funds paid into the court's registry pursuant to court order, and collecting and paying out the proceeds, the cost is fifty dollars ($50.00). This cost also applies where there is a pre-judgment judicial attachment or similar process to bring property into the court's possession prior to judgment. This cost shall not apply to payments of proceeds made pursuant to court order to any person from funds held by the clerk, except for court orders concerning a redemption of delinquent taxes property sale; in such case, the fee must only be charged one (1) time against the total amount of proceeds generated from the sale of the property.(4) The clerks have the authority to invest idle funds held under their control, not otherwise invested. The clerk shall invest such funds in financial institutions operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The clerk may invest funds in the local government investment pool administered by the state treasurer. The earnings on such investments must become part of the costs of the clerk and the clerk shall account for earnings received the same as with other costs received. As used in this subdivision (i)(4), “idle funds” means those funds the clerk holds pursuant to statute, local rules of court, or a court order that does not specifically direct the clerk to invest the funds. This subdivision (i)(4) does not relieve the clerks from the responsibility of investing funds held under their control pursuant to court order or local rules of court directing the clerk to invest funds, and the earnings on those investments must accrue to the benefit of those directed by the court or by agreement of the parties to the judicial proceeding.(5) Whenever the clerk is required by law or by a court to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents.(6) For the purposes of determining the filing fees of the clerk, when any party files a third-party complaint, counter-complaint, or cross-complaint, the party filing the third-party complaint, counter-complaint, or cross-complaint must be charged the same filing fee as was charged at the initiation of the original judicial proceeding.
(1) The clerks of court shall charge the standard costs as set forth below:
COSTS IN ALL COURTS As of As of As of January January January 1, 2026 1, 2027 1, 2028
For issuing each original, alias, or plures$10 $10 $10
subpoena or subpoena duces tecum
For fulfilling a document request, other$0.50$0.50 $0.50
than an original filing and other than
when preparing a record upon appeal
(per page)
For making certification and seal,$5 $5 $5
providing a copy of an abstract, orproviding driver license certification
For preparing and acknowledging any$50 $50 $50
deed or other instrument transferringownership pursuant to court order
For issuing summonses to empanel a$100$100 $100
jury
Post-judgment fee per each occurrence$25 $25 $25
regardless of whether judgment isenforced by garnishment, execution,levy, or other process, including, but notlimited to, interrogatories, publications,motions to set installment payments,orders, or pleas
To re-open any closed case$75 $75 $75
For conducting computer searches for$7 $7 $7
any public record having a commercialvalue.
Post-judgment fee per each occurrence$25 $25 $25
regardless of whether judgment isenforced by garnishment, execution,levy, or other process, including, but notlimited to, interrogatories, publications,motions to set installment payments,orders, or pleas
To re-open any closed case$75 $75 $75
For conducting computer searches for$7 $7 $7
any public record having a commercial value
For receiving and any paying out funds$25 $25 $25
paid into the court's registry pursuant toan installment payment plan
For preparing a record on appeal from a$300$300 $300
court of record to an appellate court
For preparing and causing a public$25 $25 $25
notice to be published
For preparing and filing each clerk's$25 $25 $25
report
For entry of an order directing the clerk$100$100 $100
to sell a property in a delinquent property
tax judicial proceeding (per parcel))
For filing and docketing any request for$75 $75 $75
redemption of a parcel of property or toclaim excess sale proceeds in adelinquent property tax judicialproceeding (per request to be paidby the requesting party at thetime of filing)
(2) The clerks of court shall charge a cost of ten dollars ($10.00) for each requested continuance. Of this cost, the clerk shall deposit five dollars ($5.00) into the county general fund to be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county. For each fiscal year, the court security committee, created by § 16-2-505(d)(2), shall develop and submit recommendations to the county legislative body regarding how such funds must be utilized. The clerk shall collect the costs for continuances at the conclusion of the judicial proceeding. If multiple litigants request a continuance, the judge may assess the costs to one (1) or more parties.
(3) For receiving funds paid into the court's registry on confirmation of private sales or other funds paid into the court's registry pursuant to court order, and collecting and paying out the proceeds, the cost is fifty dollars ($50.00). This cost also applies where there is a pre-judgment judicial attachment or similar process to bring property into the court's possession prior to judgment. This cost shall not apply to payments of proceeds made pursuant to court order to any person from funds held by the clerk, except for court orders concerning a redemption of delinquent taxes property sale; in such case, the fee must only be charged one (1) time against the total amount of proceeds generated from the sale of the property.
(4) The clerks have the authority to invest idle funds held under their control, not otherwise invested. The clerk shall invest such funds in financial institutions operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The clerk may invest funds in the local government investment pool administered by the state treasurer. The earnings on such investments must become part of the costs of the clerk and the clerk shall account for earnings received the same as with other costs received. As used in this subdivision (i)(4), “idle funds” means those funds the clerk holds pursuant to statute, local rules of court, or a court order that does not specifically direct the clerk to invest the funds. This subdivision (i)(4) does not relieve the clerks from the responsibility of investing funds held under their control pursuant to court order or local rules of court directing the clerk to invest funds, and the earnings on those investments must accrue to the benefit of those directed by the court or by agreement of the parties to the judicial proceeding.
(5) Whenever the clerk is required by law or by a court to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents.
(6) For the purposes of determining the filing fees of the clerk, when any party files a third-party complaint, counter-complaint, or cross-complaint, the party filing the third-party complaint, counter-complaint, or cross-complaint must be charged the same filing fee as was charged at the initiation of the original judicial proceeding.
(j) Earmarked Funds for Technology. Out of all the standard filing fees charged by the clerks of the courts, seven dollars ($7.00) of each standard filing fee must be earmarked for technology and for other usual and necessary technology-related expenses at the discretion of the clerk. The clerk shall preserve these funds exclusively for these purposes and these funds shall not revert to the general fund at the end of a budget year, if unexpended.
(k) Costs in Extraordinary Cases. In any extraordinary cases, the clerk may petition the court to award reasonable costs, in excess of the amounts provided in this section, to reimburse the clerk for the additional services demanded by the judicial proceeding. In such judicial proceedings, the clerk may also petition the court to require an appropriate cost bond. For the purposes of this subsection (k), an extraordinary case means a case in which there are ten (10) or more parties.
(l) Charges to the State Unchanged. Notwithstanding this section to the contrary, any fees, costs, or commissions increased by this section that are assessed against the state or that otherwise represent a charge to the state in criminal cases, child support actions, mental health proceedings, judicial proceedings under the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, judicial proceedings with regard to child care licensing, and collection efforts brought by the department of human services, are limited to the amounts chargeable prior to January 1, 2006.
(m) Indigent Parties. A clerk is not permitted to collect any filing fee or cost authorized by this section without permitting any person the opportunity to institute a judicial proceeding by means of a pauper's oath, in accordance with Rule 29 of the Rules of the Supreme Court.
(n) Fees for Electronic Filing and Retrieval of Court Documents. (1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the judicial proceeding. The transaction fee is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per judicial proceeding. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee permits the registered user unlimited electronic filings for a one-year period. The one-year period must be defined by the clerk and must be consistently maintained for all registered users of the electronic filing system. The annual subscription fee shall not exceed three hundred dollars ($300) for each annual period. Each of these fees must be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and must be included in the local court rule authorizing it. Pursuant to subsection (l), these fees shall not be assessed against the state.(2) Pursuant to subsection (m), neither the transaction fee nor the subscription fee must be assessed to a party declared indigent or to that indigent party's legal representative.(3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state is not required to file documents electronically, notwithstanding any local court rule.(4) Neither the electronic filing transaction fee or subscription fee limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.
(1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the judicial proceeding. The transaction fee is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per judicial proceeding. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee permits the registered user unlimited electronic filings for a one-year period. The one-year period must be defined by the clerk and must be consistently maintained for all registered users of the electronic filing system. The annual subscription fee shall not exceed three hundred dollars ($300) for each annual period. Each of these fees must be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and must be included in the local court rule authorizing it. Pursuant to subsection (l), these fees shall not be assessed against the state.
(2) Pursuant to subsection (m), neither the transaction fee nor the subscription fee must be assessed to a party declared indigent or to that indigent party's legal representative.
(3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state is not required to file documents electronically, notwithstanding any local court rule.
(4) Neither the electronic filing transaction fee or subscription fee limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.
(o) Orders of Protection. Notwithstanding this section to the contrary, the clerks of the courts shall collect filing fees, costs, litigation taxes, or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal, or enforcement of an ex parte order of protection, order of protection, or a petition for either such order in the manner provided in § 36-3-617.
(p) Clerks' Report. The Tennessee state court clerks association must file a report with the general assembly on or before December 31, 2028, proposing any increases in the fees, costs, or commissions provided in this section; provided, however, that this section does not prohibit any increases prior to December 31, 2028.