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.