Title 15, Chapter 6, Section 77
( 15-6-77)
(a) The clerks of the superior courts of this state shall be
entitled to charge and collect the sums enumerated in this Code
section. (b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law. (c) In all counties in this state where the clerk of the superior court is paid or compensated on a salary basis, the fees provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid pursuant to Code Section 15-6-61 and such sums as are collected pursuant to Code Section 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties. (d) Except for the filing of civil cases in which the filing party
is indigent as provided in subsection (e) of this Code section, all
sums specified in this Code section shall be paid to the clerk at
the time of filing or other service. (e) Costs in civil cases: (1) As used in this subsection, the term "civil cases" shall
include all actions, cases, proceedings, motions, or filings civil
in nature, including but not limited to actions for divorce,
domestic relations actions, modifications on closed civil cases,
adoptions, condemnation actions, and actions for the validation
and confirmation of revenue bonds. Any postjudgment proceeding
filed more than 30 days after judgment or dismissal in an action
shall be considered as a new case for the purposes of this Code
section. (2) Except as provided in paragraphs (3) and (4) of this
subsection, the total sum for all services rendered by the clerk
of the superior court through entry of judgment in civil cases
shall be $58.00. Such sum shall not be required if the party
desiring to file such case or proceeding is unable, because of his
indigence, to pay such sum and such party files with the clerk an
affidavit to such effect, as provided by law. Nothing contained
in this subsection shall be deemed to require advance payment of
such sum by the state, its agencies, or political subdivisions. (3) In all cases involving condemnations or the validation and
confirmation of revenue bonds, the following additional sums shall
be charged at the conclusion of the action: (A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each..$ 1.00 All bonds over 500, each.................................. .50 (B) Recording on final record, per page................... 1.50 (4) No fee or cost shall be assessed for any service rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 or in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3. (5) Nothing contained in this Code section shall be construed so
as to prohibit the collection of any other costs authorized by law
for postjudgment proceedings or for any other services which the
clerk or the sheriff shall perform. Nothing contained in this
Code section shall be construed to affect in any way the power and
authority of the superior courts from taxing costs in accordance
with law, but no costs shall be refunded by the clerk unless and
until the same have been paid to the clerk by the losing party. (f) Sums for filing documents, instruments, etc., pertaining to real
estate or personal property, such sums to include recording and
returning where applicable: (1)(A)(i) Filing all instruments pertaining to real
estate including deeds, deeds of trust, affidavits,
releases, notices and certificates, and cancellation
of deeds, first page...................................$ 9.50 Each page, after the first............................. 2.00 (ii) Filing all instruments pertaining to real estate
and personal property including liens on real estate
and personal property, notice filings for Uniform
Commercial Code related real estate, tax liens,
hospital liens, writs of fieri facias, notices of lis
pendens, written information on utilities,
cancellations of liens, and writs of fieri facias,
first page............................................. 4.50 Each page, after the first............................. 2.00 (B) Filing and indexing financing statements,
amendments to financing statements, continuation
statements, termination statements, release of
collateral, or other filing pursuant to Article 9 of
Title 11, first page..................................... 10.00 Each page, after the first............................... 2.00 (2) Filing maps or plats, each page........................ 7.50 (3) For processing an assignment of a security deed, for
each deed assigned......................................... 4.50
(g) Miscellaneous fees: (1) Recording any instrument or writing, fee not
otherwise specified, first page............................$ 5.00 Each page, after the first................................. 2.00 (2) Uncertified copies of documents, if no assistance is
required from the office of the clerk of superior court,
per page................................................... .25 Uncertified copies, if assistance is required.............. 1.00 Uncertified copies, if transmitted telephonically or
electronically, first page................................. 2.50 Each page, after the first................................. 1.00 (3) Uncertified copies of documents, drawings, or plats,
copy larger than 8.5 x 14 inches........................... 2.00 (4) Certification or exemplification of record, including
certificates and seals, first page......................... 2.50 Each page, after the first................................. .50 (5) Clerk's certificate.................................... 1.00 (6) Court's seal........................................... 1.00 (7) The clerk may provide computer data or computer
generated printouts of public records subject to
disclosure maintained on computer by, or available to,
the clerk, for each page or partial page of printed data
or copies of such or its equivalent........................ 2.50 Nothing in this paragraph shall be construed to require
any clerk to provide computer generated reports nor shall
any clerk be required to prepare custom or individualized
computer compilations or reports for any person or entity
which would require preparation of a computer program
which is not a standard existing computer program in use
by the clerk. The clerk shall not be required to permit
access to, or to provide copies of, copyrighted computer
programs or any other computer programs in violation of
any software license agreement or containing confidential
records otherwise excluded or exempted by this Code
section or any other applicable law. (8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40.............. 3.00 (9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4.... 13.00 (10) Registering and filing trade names pursuant to Code Section 10-1-490........................................... 8.00 (11) Issuing subpoena, signed and sealed, notwithstanding
subsection (e) of this Code section, each.................. 1.00
(12) Preparation of record and transcript to the Supreme
Court and Court of Appeals, per page....................... 1.50 Where a transcript of the evidence and proceedings is
filed with the clerk and does not require recopying, the
clerk shall not receive the fee herein prescribed with
respect to such transcript but shall receive, for filing
and transmission of such transcript, a fee of.............. 5.00 (13) Issuing jury scrip or check, each..................... .30 (14) For each day of service in attendance upon the
courts..................................................... 50.00 The per diem attendance upon the courts shall be paid
from the treasury of the respective counties of this
state only to clerks who are on a fee system of
compensation. (15) For performing the duties required of them by
Article 2 of Chapter 2 of Title 44, the clerks shall
receive the same sums as in civil cases. (16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the "Uniform Limited Partnership Act," and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases. (17) Filing incorporation proceedings except for
corporation for which filing procedures are governed by
Chapter 2 of Title 14: (A) Articles of incorporation............................ 20.00 (B) Articles of amendment................................ 20.00 (C) Restated articles.................................... 20.00 (D) Merger............................................... 20.00 (E) Dissolution.......................................... 20.00 (F) Involuntary dissolution.............................. no fee (G) Consolidation and merger............................. 20.00 (H) Certificate of election to dissolve.................. 20.00 (I) Order approving change of principal office........... no fee (J) Articles of incorporation as required by Code Section 46-5-100......................................... 20.00 (h) Fees in criminal cases: (1) Entering and docketing bills of indictment,
presentments, no-bills, accusations.........................$ 3.00 (2) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91............................ 1.00 (3) Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12........................... 1.00 (4) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50..................................................... 5.00 (5) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page....................... 1.50 Subsequent copies, per page................................. .50 (6) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page.................................................... 1.50 Clerk's certificate......................................... 1.00 The clerk shall not receive compensation for the
transcript of evidence and proceedings. (7) When costs are assessed by the court the minimum
amount assessed as court costs in the disposition of any
criminal case in the superior court shall be $100.00. Any
surcharge provided for by law shall be in addition to such
sum. (i) No fees shall be charged for the following: (1) Recording discharge certificates of veterans, as provided in Code Section 15-6-78; (2) Recording and certifying documents in connection with
admission to practice law; and (3) Costs associated with the filing of criminal charges by an alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or an alleged victim of any domestic violence offense or for the issuance or service of a warrant, protective order, or witness subpoena arising from the violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or the incident of domestic violence. (j) All laws in force in this state which provide compensation for
clerks of the superior courts for the discharge of duties not
enumerated in this Code section nor in conflict with this Code
section shall remain in full force and effect. (k) No fees, assessments, or other charges may be assessed or
collected except as authorized in this Code section or some other
general law expressly providing for same. (l) The clerk of superior court may provide such additional services
for which there is no fee specified by statute in connection with
the operation of the clerk's offices as may be requested by the
public and agreed to by the clerk. Any charges for such additional
services shall be as agreed to between the clerk and the party
making the request. Nothing in this subsection shall be construed
to require any clerk to provide any such service not otherwise
required by law. (m) The sheriffs of this state shall not be required to pay
recording fees for criminal bonds and writs of fieri facias issued
on criminal bond forfeitures. |