CIRCUIT COURT CIVIL COST SCHEDULE Note: Fees and costs are not collected from persons with approved fee waivers. FILING FEES Note 1: Unless an exception applies, all filing fees are due when the case is initiated. (See Section 5.1). Note 2: Filing fees should not be collected from a party with an approved fee waiver. At the conclusion of the proceeding, filing fees may be assessed against and collected from a defendant who does not have an approved fee waiver and is not the prevailing party. Any such costs collected from a defendant are remitted to the respective funds as if the fee had been collected at the initiation of the case. General Civil Case Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $145.00 § 59-1-11(a)(1) § 59-1-31 $20.00 County § 59-1-28a(a)(1) $60.00 RJA § 59-1-28a(a)(2) $5.00 CSF § 59-1-22(a)(1) $30.00 CFIF § 59-1-11(a)(1) $10.00 DVLSF § 59-1-28a(a)(3) $20.00 RJPRF Medical Professional Liability Action Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $260.00 § 59-1-11(a)(2) § 59-1-31 $20.00 County § 59-1-28a(a)(1) $60.00 RJA § 59-1-28a(a)(2) $5.00 CSF § 59-1-28a(f) $165.00 MLF § 59-1-11(a)(2); § 59-1-28a(g) $10.00 CFIF Revised 7/05 5-56 Fraudulent Lien or Court Record Note: There is a cause of action for the filing of fraudulent liens or fraudulent court records. (W. Va. Code §§ 38-16-502; 61-5-27). West Virginia Code § 38-16-504 expressly establishes a filing fee for this type of case. The filing fee for a general civil case does not apply. Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $15.00 § 38-16-504 § 59-1-31 $15.00 County Guardianship/Conservatorship Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $90.00 § 44A-2-1(c) § 59-1-31 $75.00 County § 44A-2-1(c) $15.00 EGCF Removal of Magistrate Court Case to Circuit Court Note: This fee is collected by the magistrate court clerk and is forwarded to the circuit clerk. Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $145.00 § 50-4-8 § 59-1-31 $20.00 County § 59-1-11(a)(1) § 59-1-28a(a)(1) $60.00 RJA § 59-1-28a(a)(2) $5.00 CSF § 59-1-11(a)(1) $30.00 CFIF § 59-1-11(a)(1) $10.00 DVLSF § 59-1-28a(a)(3) $20.00 RJPRF Revised 7/05 5-57 Appeal of Magistrate Court Case to Circuit Court Note: This fee is collected by the magistrate court clerk and forwarded to the circuit clerk. Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $145.00 § 50-5-12(a) § 59-1-31 $20.00 County § 59-1-11(a)(1) § 59-1-28a(a)(1) $60.00 RJA § 59-1-28a(a)(2) $5.00 CSF § 59-1-11(a)(1) $30.00 CFIF § 59-1-11(a)(1) $10.00 DVLSF § 59-1-28a(a)(3) $20.00 RJPRF Family Court Appeals Note: When a party appeals to circuit court, no filing fee is assessed. Additionally, the clerk has no duty to prepare the record for appeal to circuit court so the clerk should not collect fees for the preparation of the record for an appeal established by West Virginia Code § 59-1-11(b)(8). Domestic Violence Civil Proceedings Note: Fees and costs in domestic violence protective order proceedings are governed by West Virginia Code § 48-27-308 and Rule 4(b), RDVCP. The general filing fee and assessment procedures for civil cases do not apply. Therefore, a circuit court filing fee is not assessed when a petitioner appeals the denial of an emergency protective order from magistrate court to family court. Similarly, no filing fee is assessed when a party appeals to circuit after a final hearing in family court. Action Remaining on Docket for More Than Three Years Note: This fee is assessed after a case has remained on the docket for three years. After the initial assessment, the fee is assessed at the beginning of each following year. If the case remains on the docket for a partial year, the party is still required to pay this fee. Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $20.00 § 59-1-11(b)(11) § 59-1-31 $20.00 County Revised 7/05 5-58 FEES FOR SERVICE Note 1: The clerk provides postage for persons with approved fee waivers from the clerk's postage fund. Note 2: Costs for personal service by the sheriff or service on the secretary of state are not collected from persons with approved fee waivers. Note 3: Local practices will vary with regard to accounting procedures for postage. Personal Service by Sheriff Note: The general fee for service by the sheriff applies to service of any document, levying any type of prejudgment or postjudgment attachment, or serving writs of possession or execution. Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $25.00 § 59-1-14 § 59-1-14 $23.00 Sheriff $2.00 DSR Service of Complaints and Petitions by First Class Mail Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $5.00 RCP 4(d)(1) § 59-1-31 $5.00 CPF Service of Other Documents by First Class Mail Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Service of Complaints and Petitions by Certified Mail, Restricted Delivery Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $10.00 RCP 4(d)(1) § 59-1-31 $10.00 CPF Revised 7/05 5-59 Service of Other Documents by Certified Mail, Restricted Delivery Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Secretary of State Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $25.00 § 59-1-2(a)(6)(D) and (E) § 59-1-2(a)(6) $20.00 SOS § 59-1-31 $5.00 CPF Publication Note: When a party serves a defendant by publication, the party pays the newspaper directly unless the party has an approved fee waiver. Publication fees for persons with approved fee waivers are paid by the Administrative Office. (Johnson v. Stevens, 265 S.E.2d 764 (W. Va. 1980)). (See Section 5.4). COSTS FOR DOCUMENTS Note: When assessing fees, the clerk must add the applicable costs for service of a document unless a private process server is used. Subpoena Amount Assessment Authority Remittance Authority Fund $0.50 § 59-1-11(b)(10) § 59-1-31 County Writ of Possession Amount Assessment Authority Remittance Authority Fund $10.00 § 59-1-11(b)(4) § 59-1-31 County Revised 7/05 5-60 Writ of Execution Amount Assessment Authority Remittance Authority Fund $10.00 § 59-1-11(b)(4) § 59-1-31 County Abstract of Judgment Amount Assessment Authority Remittance Authority Fund $5.00 § 59-1-11(b)(1) § 59-1-31 County Photocopies of Any Document Fee Assessment Authority Remittance Authority Fund $0.50 per page § 59-1-11(b)(1) § 59-1-31 County Facsimile Transmissions Note: This fee only applies to documents transmitted by the clerk, not to facsimiles received by the clerk. It cannot be collected from persons with approved fee waivers or from judicial officers or employees. (Rule 12.03(p), TCR). Fee Assessment Authority Remittance Authority Fund $2.00 per page Rule 12.03(p), TCR § 59-1-31 County Suggestions and Suggestee Executions Suggestion Note 1: A suggestion is served upon a third party by any of the methods for serving a complaint, and the clerk must collect the applicable charge for the type of service selected. When serving the suggestion by mail, either first class or certified mail, the clerk collects the amounts established by Rule 4(d)(1), RCP. (W. Va. Code § 38-5-10). Note 2: When a suggestion is served, a certified mail notice must also be served upon the debtor. (Sauls v. Howell, 309 S.E.2d 26 (W. Va. 1983)). As established by West Virginia Code § 59-1-11(b)(9), the clerk collects three times the amount of the cost for certified mail for service of the notice on the debtor. Revised 7/05 5-61 Fee for Suggestion Assessment Authority Remittance Authority Amount Fund $10.00 § 59-1-11(b)(3) § 59-1-31 $10.00 County Notice to Debtor, Certified Mail Assessment Authority Remittance Authority Amount Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Personal Service $10 (Suggestion Fee) + $25 (Service of Suggestion) + 3 x postage (Service of Notice on Debtor) Service by Certified Mail $10 (Suggestion Fee) + $10 (Service of Suggestion) + 3 x postage (Service of Notice on Debtor) Service by First-Class Mail $10 (Suggestion Fee) + $5 (Service of Suggestion) + 3 x Postage (Service of Notice on Debtor) Service by Secretary of State $10 (Suggestion Fee) + $25 (Service of Suggestion) + 3 x Postage (Service of Notice on Debtor) Suggestee Execution Served on Private Employer Note1: A suggestee execution may be served on a private employer by any of the methods for serving a complaint. When a party requests service of the suggestee execution by first-class or certified mail, no additional fees for service are collected. (W. Va. Code § 59-1-11(b)(5)). However, the clerk collects additional fees for service when the party requests service by the sheriff or on the secretary of state. Note 2: When a suggestee execution is served, a notice must also be served upon the debtor by certified mail. (Sauls v. Howell, 309 S.E.2d 26 (W.Va. 1983)). As established by West Virginia Code § 59-1-11(b)(9), the clerk collects three times the amount of the cost for certified mail for service of the notice on the debtor. Revised 7/05 5-62 Suggestee Execution, Postage and Copy Fee Assessment Authority Remittance Authority Amount Fund $3.00 § 59-1-11(b)(5) § 59-1-31 $3.00 County Notice to Debtor, Certified Mail Assessment Authority Remittance Authority Amount Fund 3 x postage § 38-5A-4 § 59-1-31 3 x postage CPF Personal Service $3 (Suggestee Execution Fee) + $25 (Service of Suggestee Execution) + 3 x postage (Service of Notice on Debtor) Service by First-Class or Certified Mail $3 (Suggestee Execution and Service Fee) + 3 x postage (Service of Notice on Debtor) Service on Secretary of State $3(Suggestee Execution Fee) + $25 (Service by Secretary of State) + 3 x postage (Service of Notice on Debtor) Suggestee Execution Served on a Federal Governmental Employer Note 1: A suggestee execution may be served on a federal governmental employer by any of the methods for serving a complaint, except for service by the secretary of state. When a party requests service of the suggestee execution by first-class or certified mail, no additional fees for service are collected. (W. Va. Code § 59-1-11(b)(5)). However, the clerk collects additional fees when the party requests service by the sheriff. Note 2: When a suggestee execution is served, a certified mail notice must also be served upon the debtor. (Sauls v. Howell, 309 S.E.2d 26 (W.Va. 1983)). As established by West Virginia Code § 59-1-11(b)(9), the clerk collects three times the amount of the cost for certified mail. Revised 7/05 5-63 Document, Postage and Copy Fee Assessment Authority Remittance Authority Amount Fund $3.00 § 59-1-11(b)(5) § 59-1-31 $3.00 County Notice to Debtor, Certified Mail Assessment Authority Remittance Authority Amount Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Personal Service $ 3 (Suggestee Execution Fee) + $25 (Service of Suggestee Execution) + 3 x postage (Service of Notice on Debtor) Service by First-Class or Certified Mail $3 (Suggestee Execution and Service Fee) + 3 x postage (Service of Notice on Debtor) Suggestee Execution Served on a State Governmental Employer Note 1: A suggestee execution may be served on a state governmental employer by any of the methods for serving a complaint, except for service on the secretary of state. When a party requests service by firstclass or certified mail, no additional fees for service are collected. (W. Va. Code § 59-1-11(b)(5)). However, the clerk collects additional fees for service when the party requests service by the sheriff. Note 2: The clerk collects a total of $0.25 for service of the notice to the debtor. (W. Va. Code § 38-5B-4). The clerk does not collect three times the cost of postage. Fee Type of Fee Assessment Authority Remittance Authority Amount Fund $3.00 Document Fee § 59-1-11(b)(5) § 59-1-31 $3.00 County $1.00 Auditor Fee § 38-5B-8 § 38-5B-8 $1.00 AUD $0.25 Notice to Debtor § 38-5B-4 § 59-1-31 $0.25 County Revised 7/05 5-64 Personal Service $3(Suggestee Execution Fee) + $25(Personal Service) + $1(Auditor Fee) + $0.25 (Notice to Debtor) Service by First Class Mail $3(Suggestee Execution Fee) + $1(Auditor Fee) + $0.25 (Notice to Debtor) Suggestee Execution Served on a County or Municipal Governmental Employer Note1: A suggestee execution may be served on a county or municipal governmental employer by any of the methods for serving a complaint, except for service on the secretary of state. When a party requests service by first-class or certified mail, no additional fees for service are collected. (W. Va. Code § 59-1-11(b)(5)). However, the clerk collects additional fees for service when the party requests service by the sheriff. Note 2: The clerk collects a total of $0.25 for service of the notice to the debtor. (W. Va. Code § 38-5B-4). The clerk does not collect three times the cost of postage. Fee Type of Fee Assessment Authority Remittance Authority Amount Fund $3.00 Document Fee § 59-1-11(b)(5) § 59-1-31 $3.00 County $1.00 Governmental Officer § 38-5B-8 § 38-5B-8 $1.00 Governmental Agency $0.25 Notice to Debtor § 38-5B-4 § 59-1-31 $0.25 County Personal Service $3(Suggestee Execution Fee) + $25(Personal Service) + $1(Auditor Fee) + $0.25 (Notice to Debtor) Service by Mail $3(Suggestee Execution Fee) + $1(Auditor Fee) + $0.25 (Notice to Debtor) Vacation or Modification of Suggestee Execution Amount Assessment Authority Remittance Authority Fund $1.00 § 59-1-11(b)(6) § 59-1-31 County Revised 7/05 5-65 MISCELLANEOUS COSTS Juror Costs Note: In the circuit court, the actual cost of the jurors’ service, $40/day plus mileage, is assessed against the losing party. Assessment Authority Remittance Authority Amount Fund § 59-2-17(a) § 59-2-17(d)(2) ½ of costs PE&MF ½ of costs DVLSF Statutory Attorney Fee Note: Although this fee is commonly referred to as a statutory attorney fee, any prevailing party is entitled to this fee. Amount Assessment Authority Party Entitled to Payment $ 10.00 § 59-2-14 Prevailing Party Court Reporter Fees Note: The court has the discretion to establish the exact amount of the fee. Amount Assessment Authority Remittance Authority Fund $5.00 (minimum) § 51-7-6 § 51-7-6 Sheriff Witness Fees Note: The party issuing the subpoena is initially responsible for the payment of the witness fee to the clerk. Upon receipt of this fee, the clerk remits the collected amount to the witness. Any witness fees incurred should be taxed as a cost of the proceeding in favor of the prevailing party. (See Section 10.2.2). Amount Assessment Authority Remittance Authority Person Entitled to Payment $10.00/day § 59-1-16, and -17 § 59-1-16 and 17 WIT $0.15/mile S. Ct. Administrative Order Revised 7/05 5-66 WEST VIRGINIA SUPREME COURT PROCEEDINGS Preparation of Record Amount Assessment Authority Remittance Authority Amount of Remittance Fund $10.00 § 59-1-11(b)(8) § 59-1-11(b)(8) $5.00 CFIF § 59-1-31 $5.00 County Transmission of Record to Supreme Court Amount Assessment Authority Remittance Authority Amount of Remittance Fund 3 x Postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Bond for Appeal Costs Note 1: Before a file is transmitted to the Supreme Court Clerk, a petitioner is required to deposit a bond for appeal costs for preparation and transmission of the record. (Rules 4(d) and 4A(e), RAP). The clerk has the authority to establish the amount of the bond. Note 2: The clerk must note on the petition that the bond has been posted. Note 3: At the conclusion of appellate proceedings, the clerk returns any balance to the petitioner. Amount Assessment Authority Remittance Authority Amount of Remittance Fund Established by Clerk Rule 4(d), RAP § 59-1-31 Assessed Cost County Revised 7/05 5-67 FAMILY COURT COST SCHEDULE Note: Fees and costs are not collected from persons with approved fee waivers. FILING FEES Note 1: Unless an exception applies, all filing fees are due when the case is initiated. (See Section 5.1). Exceptions include cases filed by the BCSE, UIFSA or UCCJEA cases, registry of foreign support or custody orders or domestic violence cases. Note 2: This fee is not collected from a petitioner who has an approved fee waiver. When the case is final, it can be assessed against a respondent who does not prevail and who does not have an approved fee waiver. Divorce, Annulment or Separate Maintenance Total Fee Assessment Authority Amount Remittance Authority Fund $135.00 § 59-1-11(a)(3) $20.00 § 59-1-31 County $10.00 § 59-1-28a(b)(1) RJA $30.00§ 59-1-28a(b)(2) FPS $70.00§ 59-1-28a(b)(3) FCF $5.00§ 59-1-28a(b)(4) CSF Miscellaneous Family Court Cases Note: Miscellaneous family court cases include child support actions, name changes and guardianship cases, but do not include petitions for modification of a family court order. Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $145.00 § 59-1-11(a)(1) § 59-1-31 $20.00 County § 59-1-28a(a)(1) $60.00 RJA § 59-1-28a(a)(2) $ 5.00 CSF § 59-1-22(a)(1) $30.00 CFIF § 59-1-11(a)(1) $10.00 DVLSF § 59-1-28(a)(3) $20.00 RJPRF Revised 7/05 5-68 Modification Note1: This fee applies to cases involving the modification of orders of child custody, child visitation, child support or spousal support. It does not apply to expedited petitions for the modification of child support. Note 2: This fee is assessed when a party seeks the modification of a temporary or final family court order. (Supreme Court Memorandum 03-11). Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $85.00 § 59-1-11(a)(4) § 59-1-28a(c) $85.00 FCF Expedited Modification of Child Support Note 1: This fee only applies to petitions for expedited modification of child support orders. (W. Va. Code § 48-11-106). Note 2: This fee is assessed when a party seeks the expedited modification of a temporary or final child support order. (Supreme Court Memorandum 03-11). Total Fee Assessment Authority Remittance Authority Fund $35.00 § 59-1-11(a)(5) § 59-1-28a(c) FCF Domestic Violence Protective Order Proceedings Note 1: Fees and costs in domestic violence protective order proceedings are governed by West Virginia Code § 48-27-308 and Rule 4(b), RDVCP. The general filing fee for civil cases does not apply. Therefore, a circuit court filing fee is not assessed when a petitioner appeals the denial of an emergency protective order from magistrate court to circuit court. Similarly, no filing fee is assessed when a party appeals to circuit court after a final hearing in family court. Note 2: Filing fees and other costs are not assessed until the case is final. (W. Va. Code § 48-27-308). Note 3: Fees and costs may not be assessed against a prevailing party. If the petitioner received an emergency protective order in magistrate court but did not prevail in family court, no fees and costs are assessed against either party, unless a court order expressly assesses costs in a different manner. (Rule 4(b), RDVCP). Revised 7/05 5-69 Note 4: Partial payments are applied in the following order -- FCF, MAG, CSF, RJA. (Rule 4(b), RDVCP). Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $50.00 § 48-27-508 § 48-27-508 $25.00 FCF Rule 4(b), RDVCP Rule 4(b), RDVCP $10.00 MAG $5.00 CSF $10.00 RJA Family Court Appeals Note: When a party appeals to circuit court, no filing fee is assessed. Additionally, the clerk has no duty to prepare the record for appeal to circuit court so the clerk should not collect fees for the preparation of the record for an appeal established by West Virginia Code § 59-1-11(b)(8). FEES FOR SERVICE Note 1: The clerk provides postage for persons with approved fee waivers from the clerk's postage fund. Note 2: Costs for personal service by the sheriff or service on the secretary of state are not collected from persons with approved fee waivers. Note 3: Local practices will vary with regard to accounting procedures for postage. Personal Service by Sheriff Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $25.00 § 59-1-14 § 59-1-14 $23.00 Sheriff $2.00 DSR Service of Petitions by First Class Mail Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $5.00 Rule 4(d)(1), RCP § 59-1-31 $5.00 CPF Revised 7/05 5-70 Service of Other Documents by First Class Mail Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Service of Petitions by Certified Mail, Restricted Delivery Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $10.00 Rule 4(d)(1), RCP § 59-1-31 $10.00 CPF Service of Other Documents by Certified Mail, Restricted Delivery Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Secretary of State Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $25.00 § 59-1-2(a)(6) § 59-1-2(a)(6) $20.00 SOS § 59-1-31 $5.00 CPF Publication Note: When a party serves a defendant by publication, the party pays the newspaper directly unless the party has an approved fee waiver. Publication fees for persons with approved fee waivers are paid by the Administrative Office. (Johnson v. Stevens, 265 S.E.2d 764 (W. Va. 1980)). (See Section 5.4). Revised 7/05 5-71 Miscellaneous Fees Duplicate Recordings Note: If the cost of the recording exceeds $5.00, the actual cost may be assessed. (W. Va. Code § 51-2A-8(c)). Total Fee Assessment Authority Remittance Authority Amount of Remittance Fund $5.00 § 51-2A-8(c) S. Ct. Memorandum, 6/20/90 $5.00 AO Rule 5(b), RFCP Parent Education Total Fee Assessment Authority Remittance Authority Fund $25.00 § 48-9-104(c) § 48-9-104(c) PEF Subpoena Amount Assessment Authority Remittance Authority Fund $0.50 § 59-1-11(b)(10) § 59-1-31 County Photocopies Fee Assessment Authority Remittance Authority Fund $0.50 per page § 59-1-11(b)(1) § 59-1-31 County Facsimile Transmissions Note: This fee only applies to documents transmitted by the clerk, not to facsimiles received by the clerk. It cannot be collected from persons with approved fee waivers or from judicial officers or employees. (Rule 12.03(p), TCR). Fee Assessment Authority Remittance Authority Fund $2.00 per page Rule 12.03(p), TCR § 59-1-31 County Revised 7/05 5-72 Forms Fee Assessment Authority Remittance Authority Fund $0.10/page $10.00 maximum Rule 5(f), RFCP § 59-1-31 County Parenting Plan Violations Note: This fee may be assessed by the court without regard to whether the person has an approved fee waiver. The exact amount of the penalty must be established by a court order. Penalty Amount Assessment/Remittance Authority Fund First Offense $100 (maximum) § 48-9-501(a)(5) PEF Second Offense $500 (maximum) § 48-9-501(a)(5) PEF Third or Subsequent Offense $1000 (maximum) § 48-9-501(a)(5) PEF WEST VIRGINIA SUPREME COURT PROCEEDINGS Preparation of Record Amount Assessment Authority Remittance Authority Amount of Remittance Fund $10.00 § 59-1-11(b)(8) § 59-1-11(b)(8) $5.00 CFIF § 59-1-31 $5.00 County Transmission of Record to Supreme Court Amount Assessment Authority Remittance Authority Amount of Remittance Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Revised 7/05 5-73 Bond for Appeal Costs Note 1: Before a file is transmitted to the Supreme Court Clerk, a petitioner is required to deposit a bond for appeal costs for the preparation and transmission of the record. (Rules 4(d) and 4A(e), RAP). The clerk has the authority to establish the amount of the bond. Note 2: The clerk must not on the petition that the bond has been posted. Note 3: At the conclusion of appellate proceedings, the clerk returns any balance to the petitioner. Amount Assessment Authority Remittance Authority Amount of Remittance Fund Established by clerk Rules 4(d), and 4A(e) RAP § 59-1-31 Assessed Costs County Revised 7/05 5-74 CIRCUIT COURT CRIMINAL COST SCHEDULE MISCELLANEOUS COSTS Note: The following fees are assessed when the service is provided, not upon conviction. Bond Processing Fee Note: If bond is secured by two different bond instruments, this fee is collected for each bond instrument. (W. Va. Code § 59-1-11(d)). Total Fee Assessment Authority Remittance Authority Remittance Amount Fund $25.00 § 59-1-11(d) § 59-1-11(d) $25.00 CFIF Type of Bond Responsible Party Assessment Authority Personal Recognizance No Fee Assessed § 59-1-11(d) 10% Recognizance Bonds without surety Person Tendering Ten Percent of Bail § 59-1-11(d)(5) 10% Recognizance Bond with surety Surety § 59-1-11(d)(4) Surety Company Bonds Surety Company § 59-1-11(d)(3) Real Estate Owner of Real Estate § 59-1-11(d)(2) Cash Person Tendering Cash Bond § 59-1-11(d)(1) Bail Piece Total Fee Responsible Party Assessment Authority Remittance Authority Remittance Amount Fund $10.00 Surety § 59-1-11(e) § 59-1-11(e) $10.00 CFIF Revised 7/05 5-75 Subpoena Note: This fee is not assessed when a defendant is entitled to court-appointed counsel or when the State requests a subpoena. Type of Fee Fee Assessment Authority Remittance Authority Remittance Amount Fund Document $0.50 § 59-1-11(b)(10) § 59-1-31 $0.50 County Service $25.00 § 59-1-14 § 59-1-14 $23.00 Sheriff Total $25.50 $2.00 DSR Facsimile Transmissions Note: This fee only applies to documents transmitted by the clerk, not to facsimiles received by the clerk. It cannot be collected from judicial officers or employees. (Rule 12.03(p), TCR). Fee Assessment Authority Remittance Authority Fund $2.00 per page Rule 12.03(p), TCR § 59-1-31 County Photocopies Note: A person who is entitled to court-appointed counsel is entitled to one free copy of his or her own criminal file. (Syl. Pt. 1, Rhodes v. Leverette, 239 S.E.2d 136 (W. Va. 1977)). Fee Assessment Authority Remittance Authority Fund $0.50 per page § 59-1-11(b)(1) § 59-1-31 County Revised 7/05 5-76 BASIC FELONY COSTS - $145.00 Note: Upon conviction, the costs set forth below are automatically assessed in all felony cases. Type of Fee Fee Amount Assessment Authority Remittance Authority Amount of Remittance Fund Felony $105.00 § 59-1-11(c)(2) § 59-1- 11(c)(2) § 59-1-28a(e) § 59-1-28a(e) § 59-1-31 § 59-1-28a $10.00 $40.00 $5.00 $20.00 $30.00 CFIF RJA CSF County RJPRF Prosecutor's Fee $35.00 § 59-2-17(c) § 59-2-17(c) § 59-1-31 $5.00 $30.00 CFIF PROS Community Corrections Fee $3.00 § 62-11C-4(d) § 62-11C-4(d) $3.00 CCF Law Enforcement Training Fee $2.00 § 30-29-4 § 30-29-4 $2.00 LET Total $145.00 BASIC MISDEMEANOR COSTS - $115.00 Note: Upon conviction, the costs set forth below are automatically assessed in all misdemeanor cases. Type of Fee Fee Amount Assessment Authority Remittance Authority Amount of Remittance Fund Misdemeanor Fee $85.00 § 59-1-11(c)(1) § 59-1-28a(e) § 59-1-28a(e) § 59-1-31 § 50-3-4a $40.00 $5.00 $10.00 $30.00 RJA CSF County RJPRF Prosecutor's Fee $15.00 § 59-2-17(a) § 59-2-17(a) § 59-1-31 $5.00 $10.00 CFIF County Crime Victim Compensation Fund $10.00 § 14-2A-4(a) § 14-2A-4(b) $10.00 CVCF Community Corrections Fee $3.00 § 62-11C-4(d) § 62-11C-4(d) $3.00 CCF Law Enforcement Training Fee $2.00 § 30-29-4 § 30-29-4 $2.00 LET Total $115.00 Revised 7/05 5-77 ADDITIONAL FELONY AND MISDEMEANOR COSTS Note: Unless otherwise noted, all fees and costs listed in this section may be assessed in felony or misdemeanor cases. The amount of many of these costs must be established by court order. Restitution Note: Restitution payments have first priority; victims should be paid before other court costs are collected. Amount Assessment Authority Remittance Authority Person Entitled to Payment Court Order § 61-11A-4(a) § 61-11A-4 Victim Magistrate Court Fee Note: This fee is addressed when the magistrate court provided services in circuit court cases. The criminal case history sheet will indicate whether this cost should be assessed. Amount Assessment Authority Remittance Authority Fund $10.00 § 50-3-2(c) § 50-3-2(c) MAG Crime Victims Fund / Community Corrections Fund Note: This fee is automatically assessed for each felony count of conviction. Fee Assessment Authority Remittance Authority Amount of Remittance Fund $75.00 § 62-5-10(a) § 62-5-10(b) $50.00 CVCF § 62-5-10(b) $25.00 CCF Sheriff's Arrest Fee Note: This fee is assessed if the sheriff arrested the defendant. The case history sheet will indicate whether the clerk assesses this cost. Fee Assessment Authority Remittance Authority Amount of Remittance Fund $25.00 § 59-1-14 § 59-1-14 $25.00 Sheriff Revised 7/05 5-78 Initial Transportation Cost Note: This fee is addressed when the defendant is initially transported to regional jail by a law enforcement agency. To have this cost assessed, the law enforcement agency must submit a statement to the clerk listing the mileage and the amount due. Fee Assessment Authority Remittance Authority Fund Mileage § 7-7-13 § 7-7-13 Law Enforcement Agency Court Reporter Fee Note: The amount of the fee must be established by court order. Fee Assessment Authority Remittance Authority Amount of Remittance Fund $5.00 (minimum) § 51-7-6 § 51-7-6 $5.00 Sheriff Public Defender/Appointed Attorney Fee Note: The amount of the fee must be established by court order. Fee Assessment Authority Remittance Authority Fund Court Order § 29-21-16(g)(1) § 29-21-16(h) AUD Juror Costs Note: When there is a jury trial in circuit court, juror costs are the actual cost of the jurors’ service, $40/day plus mileage. After a magistrate court jury trail, juror costs are assessed in the amount of $200. Assessment Authority Remittance Authority Amount Fund § 52-1-17(c) § 52-1-17(d)(2) ½ of costs PE&MF ½ of costs DVLSF Revised 7/05 5-79 Fines Note: Fines are disbursed as indicated below, unless a specific statute establishes an alternate disbursement. Fine Assessment Authority Remittance Authority Fund Court Order § 62-4-1 § 62-4-1 TRE W. Va. Const. art. XII, § 5 W. Va. Const. art. XII, § 5 Additional DUI Assessment Note 1: This fee is automatically assessed for all DUI convictions. This fee is assessed in addition to any fine established by West Virginia Code § 17C-5-2. Note 2: In addition to original circuit court convictions, this fee is also assessed by the circuit clerk when a defendant appeals from magistrate or municipal court and is convicted in circuit court. Fee Assessment Authority Remittance Authority Amount of Remittance Fund $55.00 § 59-1-11a(a)-(c) § 59-1-11a(a)-(c) $55.00 Sheriff DUI Fee/Crime Victims Compensation Fund Fee Assessment Authority Remittance Authority Fund 20% of Imposed Fine § 14-2A-4(a) § 14-2A-4(b) CVCF Drug Testing Fee Assessment Authority Remittance Authority Fund Invoiced Amount 3/21/90 S. Ct. Admin. Order 3/21/90 S. Ct. Admin. Order Sheriff Restitution for HIV Testing Fee Assessment Authority Remittance Authority Fund HIV Testing § 16-3C-2(f)(12) § 16-3C-2(f)(13) HIV Revised 7/05 5-80 Wildlife Forfeiture Costs Note: The amount of the fee is dependent upon the type of wildlife that was injured or killed. Fee Assessment Authority Remittance Authority Fund Court Order § 20-2-5a § 20-2-5a DNR Regional Jail/Cost of Incarceration Note: The fee is variable, but the court cannot impose an amount greater than the cost of incarceration for 30 days. The amount of the fee must be included in a court order. Fee Assessment Authority Remittance Authority Fund 30 days incarceration (maximum) § 7-8-14(a) § 59-1-31 County Litter Control Fines Note: All litter control violations are misdemeanors. The amount of a fine may be doubled by court order for subsequent violations. (W. Va. Code § 20- 7-26(a)(7)). Amount Assessment Authority Remittance Authority Fund $50 - $25,000 § 20-7-26(a)(4)-(6) § 62-4-1 TRE Civil Penalty for Litter Control Violations Note: This fee is assessed in addition to the fines noted above. Amount Assessment Authority Remittance Authority Fund $100 - $1,000 § 20-7-26(c) § 20-7-26(c) 1/2 LCF § 20-7-26(d) 1/2 SWA Revised 7/05 5-81 Witness Fees Note 1: If a witness appears on behalf of a defendant who is entitled to courtappointed counsel or on behalf of the prosecution, the witness will be reimbursed by the sheriff. In turn, the sheriff will be reimbursed by the Administrative Office. (See Sections 10.2.6 through 10.2.8). Note 2: Upon conviction, the clerk assesses the costs of witness fees. Amount Assessment Authority Remittance Authority Amount Fund $10.00/day; $0.15/mile §§ 59-1-16 and 17; S. Ct. Administrative Order; Rule 17(b), R. Crim. P. § 59-1-16 and 17 Witness fees Sheriff Teen Court Program Cost Note: To be assessed, this fee must be established for all applicable cases by a county commission. When established, the fee is assessed in all cases upon convictions for traffic violations set forth in Chapter 17C of the West Virginia Code or in local ordinances. The fee is assessed when a person pleads no contest, pleads guilty, or is found guilty Total Fee Assessment Authority Remittance Authority Remittance Amount Fund $5.00 (maximum) § 49-5-13d(d) § 49-5-13d(d) Total Fee TCAF ALTERNATIVE SENTENCING FEES Community Corrections Probation Fee Note: The amount of the fee must be established by court order, and it may be assessed in addition to the standard probation fee. Fee Assessment Authority Remittance Authority Fund $30.00/mo. (maximum) § 62-11C-4(b) § 62-11C-4(b) CCF Revised 7/05 5-82 Community Corrections Home Incarceration Fee Note: Unlike the home incarceration fee established by West Virginia Code § 62- 11B-5(7), this fee is collected by the circuit clerk and paid to community corrections fund. The amount of the fee must be established by court order. Fee Assessment Authority Remittance Authority Fund $5.00/day (maximum) § 62-11C-4(b) § 62-11C-4(b) CCF Community Corrections Supervision/Participation Fee Fee Assessment Authority Remittance Authority Fund Court Order § 62-11C-7(a) § 62-11C-7(b) County Standard Probation Fee Note: The exact amount of this fee must be established by court order. This fee may be assessed in addition to the community corrections probation fee. Fee Assessment Authority Remittance Authority Fund $20.00/mo. (maximum) § 62-12-9(a)(5) § 62-12-9(a)(5) TRE Work Release Note: When a defendant is placed on work release, the clerk will receive the defendant's wages directly from the employer. (W. Va. Code § 62-11A- 1(5)). The clerk must maintain a separate trust account for all work release funds and must maintain accurate accounting records for each individual defendant. Type of Fee Amount Fund Dependent Support Minimum - 25% of Wages Designated by defendant Room and Board Per Diem Charge Jail Administrator Fines and Costs Installment Payments Clerk Balance Wages Less Deductions Defendant, at release Revised 7/05 5-83 Supervised Release Fee Note: Defendants convicted of sexual offenses or child abuse may be assigned to supervised release and may be assessed a supervised release fee by the court based upon the ability to pay. A court order must establish the amount of the fee. Fee Assessment Authority Remittance Authority Fund $50.00/mo. (maximum) § 62-12-26(d) S. Ct. Memorandum 03-9 PSB APPEALS TO THE WEST VIRGINIA SUPREME COURT Note: These fees and costs are not collected if a person is entitled to courtappointed counsel. Preparation of Record Amount Assessment Authority Remittance Authority Amount of Remittance Fund $10.00 § 59-1-11(b)(8) § 59-1-11(b)(8) $5.00 CFIF § 59-1-31 $5.00 County Transmission of Record to Supreme Court Amount Assessment Authority Remittance Authority Amount of Remittance Fund 3 x postage § 59-1-11(b)(9) § 59-1-31 3 x postage CPF Bond for Appeal Costs Note 1: Before a file is transmitted to the Supreme Court Clerk, a petitioner is required to deposit a bond for appeal costs for preparation and transmission of the record. (Rules 4(d) and 4A(e), RAP). The clerk has the authority to establish the amount of the bond. Note 2: The clerk must note on the petition that the bond has been posted. Note 3: After costs have been taxed, the clerk returns any balance to the petitioner. Revised 7/05 5-84 Amount Assessment Authority Remittance Authority Amount Fund Established by Clerk Rule 4(d), RAP § 59-1-31 Assessed Cost County Revised 7/05 5-85 COST SCHEDULE ABBREVIATIONS Fund Code Name of Fund AUD State Auditor CCF WV Community Corrections Fund CFIF Courthouse Facility Improvement Fund County Circuit Clerk County Fund CPF Clerk's Postage Fund CSF Court Security Fund CVC Crime Victims Compensation Fund DNR Department of Natural Resources DSR Deputy Sheriff Retirement Fund DVLSF Domestic Violence Civil Legal Services Fund EGCF Enforcement of Guardianship & Conservatorship FCF Family Court Fund FPS Family Protection Services Board HIV HIV Testing Fund JUR Juror LCCJ Local Community Criminal Justice Account LCF Litter Control Fund LET Law Enforcement Training MAG Magistrate Court Fund MLF Medical Liability Fund PE&MF Parent Education and Mediation Fund PEF Parent Education Fund PO Post Office PROS Prosecuting Attorney PSB Parole Supervision Benefit Fund RJA Regional Jail and Correctional Facility Authority RJPRF Regional Jail Operations Partial Reimbursement Fund Sheriff Sheriff's Department SOS Secretary of State SWA Local or Regional Solid Waste Authority TCAF Teen Court Administration Fund TRE State Treasurer VIC Victim WIT Witness Revised 7/05 5-86