I. Scope of Schedule.
A. Courts.
1. Circuit Courts. This Schedule applies to court charges,
costs, and fees in connection with civil and criminal actions filed
or pending in a circuit court and other services of clerks of the
circuit courts.
2. Appellate Courts. This Schedule does not apply to
any charge, cost, or fee in the Court of Appeals or Court of Special
Appeals.
3. District Court. This Schedule does not apply to any
charge, cost, or fee in the District Court, other than deposits under
Rule 7-103.
B. Limitations.
1. Imposition under Statute or Rule. This Schedule does
not affect any charge, cost, or fee set or required to be assessed
by statute or rule. See, e.g., Courts Article, §§ 2-102(b)(1)
and (2), 5-1002, 7-204, 7-401, 7-402, and 7-409, as to the minimum
auditor’s compensation and fees for counsel in Baltimore City, prisoner
litigation, appearance fees, supplementary proceedings, sheriffs'
fees, and criminal injuries compensation and crime victims' fees,
respectively.
2. Waiver by Statute. This Schedule does not affect
any waiver, by statute, of a charge, cost, or fee or its prepayment.
See, e.g., Courts Article, § 7-202(b); Criminal Procedure Article,
§ 1-203(d)(4); and Family Law Article, §§ 4-504(c)
and 5-1011(c), as to charges against Baltimore City or any other county,
petitions for return of seized property, petitioners for protective
orders against domestic violence, and child support enforcement.
3. Waiver by Court. This Schedule does not interfere
with a court's authority or duty, under statute or rule, to waive
a charge, cost, or fee or its prepayment. See, e.g., Courts Article,
§ 7-201 and Rules 1-325(a) and 2-603(e).
4. Assessment Against and Allocation Among Parties.
This Schedule does not interfere with a court's authority or duty,
under statute or rule, to assess costs against a party or to allocate
costs among parties. See, e.g., Agriculture Article, §§
4-125(d) and 5-111(c), Courts Article, §§ 3-228(b) and 7-409(d),
Family Law Article, § 4-506(d)(13), Labor and Employment Article,
§§ 3-605 and 9-902(f), Real Property Article, § 10-108,
and Rules 1-325(b), 2-415(a), 2-506(d), and 2-603(a), (c), and (d),
and 4-353.
C. Uniformity. For services enumerated in this Schedule,
the charges, costs, and fees shall be uniform throughout the State
exclusively as provided in this Schedule.
II. Charges, Costs, and Fees.
A. Initial Filing Fee and MLSC Surcharge.
1. Civil Actions Other Than Juvenile Proceedings and Appeals.
(A) Unless a different fee is prescribed in paragraph
(C) of this subsection, a clerk shall collect an $80 filing fee for
docketing a civil action or proceeding, not including an appeal but
including:
(1) a supplemental bill of complaint under Rule
9-202(d);
(2) a certified copy of a pleading giving rise
to a lis pendens or a notice of lis pendens; and
(3) a petition for writ of habeas corpus.
(B) For a right of redemption case, a clerk shall
collect, in addition to the filing fee and surcharge required under
paragraphs (A) and (D) of this subsection, a $10 fee for each parcel
after the first.
(C) A clerk shall collect:
(1) a $10 filing fee for docketing a petition for
confirmation, correction, or modification of an arbitration award
under Courts Article, Title 3, Subtitle 2, for confirmation of an
arbitration award under Courts Article, § 3-2A-05(i); and
(2) a $25 filing fee for docketing:
(a) a motion for special admission of an
out-of-state attorney under Rule 14 of the Rules Governing Admission
to the Bar of Maryland;
(b) a summons or other notice of a court
of another state for appearance of a witness for deposition;
(c) a foreign judgment under the Maryland
Uniform Enforcement of Foreign Judgments Act (Courts Article, §§
11-801 through 11-807);
(d) a certified copy of a foreign custody
order under the Maryland Uniform Child Custody Jurisdiction and Enforcement
Act (Family Law Article, § 9.5-101 through 9.5-318); and
(e) a motion under Rule 16-732(d)for an order
in connection with a subpoena of Bar Counsel.
(D) In addition to the filing fee required under paragraph
(A) or (C)(1) or (2)(b), (c), (d) or (e) of this subsection, a clerk
shall collect a $25 surcharge for the Maryland Legal Services Corporation,
as authorized under Courts Article, § 7-202(d).
(E) In a case filed under Family Law Article, Title 4,
Subtitle 5, a clerk shall collect costs only if assessed against a
respondent by the circuit court under Family Law Article, § 4-506(d)(13).
2. Juvenile Proceedings. A circuit court may include
an $80 filing fee and $25 surcharge for the Maryland Legal Services
Corporation in the costs assessed under Courts Article, § §
3-8A-19(g) or § 3-8A-19.2(c)(4), in which case the clerk shall
collect the assessed fee.
3. Criminal Cases Other Than Appeals.
(A) Unless a different fee is prescribed in paragraph
(B) of this subsection, a court shall include an $80 filing fee in
the costs assessed under Rule 4-353, in which case the clerk shall
collect the assessed fee.
(B) A clerk shall collect:
(1) a $25 filing fee for docketing:
(a) a petition for extension of the time
for forfeiture of a bond;
(b) a petition to strike a bond forfeiture;
and
(c) a petition for remission of a bond forfeiture;
and
(2) a $30 filing fee for docketing a petition for
expungement of records in a criminal case, unless all records to be
expunged relate to a charge of which the petitioner has been acquitted.
4. Removals and Appeals from the District Court.
(A) The clerk of the District Court shall collect and
transmit to the clerk of a circuit court the initial filing fee and
surcharge payable under subsection 1 in a case removed under Courts
Article, § 6-104(b), from the District Court to the circuit court.
(B) The clerk of the District Court shall collect and
transmit to a clerk of a circuit court sitting as an appellate court
the charges, costs, filing fees, and surcharge for an appeal, in accordance
with Rule 7-103(c) and (d), as follows:
(1) in a criminal case, an $80 filing fee; and
(2) in a civil action:
(a) No fee for an appeal under Family Law
Article, Title 4, Subtitle 5;
(b) a $30 filing fee and $25 surcharge for
the Maryland Legal Services Corporation for an appeal on an application
for expungement; and
(c) an $80 filing fee and $25 surcharge for
the Maryland Legal Services Corporation for any other action.
5. Appeals from Administrative Agencies.
(A) A clerk of a circuit court shall collect an $80 filing
fee for an appeal from an administrative agency.
(B) In addition to the filing fee required under paragraph
(A) of this subsection, a clerk shall collect a $25 surcharge for
the Maryland Legal Services Corporation, as authorized under Courts
Article, § 7-202(d).
B. Dismissals. A clerk shall collect a $15 fee on voluntary
dismissal of a civil proceeding or case.
C. Case Files. A clerk shall collect no fee for filing
in a case file:
1. an auditor’s report on distribution of the proceeds of a
sale of personal or real property, ratified by the clerk’s court;
or
2. A bond of any nature or kind given in a proceeding in the
clerk’s court.
D. Certain Post Judgment Charges. A clerk shall collect
a $25 fee for docketing:
1. a motion to hold a person in contempt, to modify alimony,
support, or custody after final judgment, or, by requiring additional
taking of evidence, otherwise to reopen any civil case other than
a case brought under Family Law Article, Title 4, Subtitle 5;
2. a motion under Rule 2-648 for enforcement of a judgment
mandating or prohibiting conduct;
3. a motion under Rule 2-651 seeking ancillary relief in aid
of enforcement;
4. a request for examination in aid of enforcement under Rule
2-633 (in addition to the charges required by Courts Article, §
7-401);
5. a request for issuance of each writ of execution, garnishment,
or possession; and
6. a request for issuance of a charging order.
E. Annual Fiduciary Account. For an estate or trust
administered under supervision of a court, the clerk shall collect
on filing of each annual account:
1. a $10 filing fee; and
2. unless the account is to be referred to a court auditor
for review, a review fee computed as follows:
Size of Account Fee
0 to $10,000 $10
Over $10,000 to $25,000 $20
Over $25,000 $30
F. Appeals From a Circuit Court, Removals, and Transfers.
For preparing the record on appeal or in a removed or transferred
case and for postage or transport of the record to the receiving court,
a clerk shall collect a $60 fee and, on petition to the court in the
case of a record of extraordinary length or complexity, the additional
amount allowed by the court up to $60.
G. Recording.
1. Judgments, Liens and Proceedings. A clerk shall collect
a $15 recordation fee for:
(A) recording a judgment of another court in this State;
(B) each entry of an assignment of, credit on, modification
of, release of, or satisfaction of any judgment of any court in this
State, other than a satisfaction of a lien filed by the District Court;
(C) each entry of a judgment renewed;
(D) recording a lien, other than a notice of lien under
bail forfeiture in the District Court or documents in connection with
a lien under Real Property Article, § 3-404;
(E) each entry of an assignment of, credit on, modification
of, or release of a lien, other than a notice of lien under bail forfeiture
in the District Court, documents in connection with a lien under Real
Property Article, § 3-404, or a release of lien filed by the
District Court;
(F) recording a request for notice of judgment (ejectment);
(G) recording a request for notice of a foreclosure sale;
and
(H) recording proceedings in court records, such as those
required by Rule 14-306, or other court instrument required by law
to be recorded.
2. Out of State Protective Orders. A clerk shall collect
no fee for recording an authenticated, order for protection issued
by another state or a Native American tribe under Family Law Article,
§ 4-508.1.
3. Declarations of Trust. A clerk shall collect no fee
for recording a declaration of trust under Rule 4-217(e)(1)(B), to
secure a bail bond or for a release of such declaration.
H. Interest-Bearing Accounts. A clerk shall collect
a $25 fee for opening an interest-bearing account.
I. Copies.
1. General. A clerk shall collect a fee of 50¢
per page for each copy that the clerk makes, other than those made
as a reasonable accommodation. A clerk shall collect a fee of 25¢
per page for each copy made by, or as a reasonable accommodation
for, a customer. No additional fee shall be charged for a true test
copy.
2. Land Records.
(1) A clerk shall collect 25¢ per page for copies
of land records faxed through the automated fax back system.
(2) A clerk shall collect a fee of 50¢ per 11"x17"
page and $1 per other sized page, for each copy of a plat that the
clerk makes, other than those made as a reasonable accommodation.
A clerk shall collect a fee of 25¢ per 11"x17" page and 50¢
per other sized page for each copy of a plat made by, or as a reasonable
accommodation for, a customer.
J. Certifying Documents. A clerk shall collect a $5
fee for each certification of a paper, other than a certified record
of conviction required to be provided to the Immigration and Naturalization
Service under Public Law 101-649 (42 U. S. C. § 3753(a) (11)).
K. Exemplifying Documents. A clerk shall collect a
$10 fee for exemplifying a paper.
III. Time of Payment.
A. Advance Payment Generally. Unless a court waives
prepayment of a charge, cost, or fee or paragraph B of this section
expressly provides otherwise, a clerk shall collect the charge,
cost, or fee for a service in accordance with this Schedule before
the clerk performs the service.
B. Exceptions.
1. Filing Fee, MLSC Surcharge and Costs. A clerk shall
not collect a filing fee, surcharge for the Maryland Legal Services
Corporation, or other court cost in advance in:
(A) an appeal exempted under Courts Article, §
7-201(a);
(B) a case in which a court orders waiver of the prepayment
of a filing fee;
(C) a case transferred from the District Court to a
circuit court in accordance with a jury trial demand in the District
Court;
(D) an original criminal proceeding instituted in the
circuit court, other than a petition for extension of the time for
forfeiture of a bond, for striking a bond forfeiture, for remission
of a bond forfeiture, or for expungement of records;
(E) a criminal case in which the defendant has been
recharged in the circuit court under Rule 4-221;
(F) an original juvenile proceeding brought in the
circuit court under Courts Article, Title 3, Subtitle 8 or 8A;
(G) a domestic violence case filed under Family Law
Article, § 4-504;
(H) a URESA proceeding;
(I) a case in which the plaintiff or petitioner is
represented by counsel compensated through JUDICARE (COMAR 07.06.10.01
through .17)
(J) a case in which the plaintiff or petitioner is
represented by counsel retained through a pro bono or legal services
program that is recognized by Maryland Legal Services Corporation,
if the program provides the clerk with a memorandum that names the
program, attorney(s), and client(s), that specifies that representation
is being provided for client(s) meeting the financial eligibility
criteria of the Corporation, and that states that payment of filing
fees is not required under the Prisoner Litigation Act;
(K) a case in which representation is being provided
by Maryland Legal Aid Bureau, Inc.; or
(L) a child support proceeding, including paternity,
in which the plaintiff or petitioner is the Child Support Enforcement
Administration of the Maryland Department of Human Resources or
a person whom the Administration approves for child support services.
2. Charges, Costs, and Fees in Excepted Cases. If
this Schedule, a statute, or a court waives prepayment of a charge,
cost, or fee in a case, the court shall award charges, costs, and
fees in accordance with this Schedule, at the conclusion of the
case. The clerk shall collect the charges, costs, and fees assessed
under this paragraph, in addition to any open costs that the court
imposes under any applicable statute, rule, or regulation such as:
Family Law Article, § 4-506(d)(13); Rule 1-341 or 2-508(e);
or COMAR 07.06.10.09.C(3) (JUDICARE).
C. Extant Interest-Bearing Accounts. With respect to
extant interest-bearing accounts for which a processing fee was
not collected on opening the account, a clerk shall collect a $25
fee at the close of a case.
D. Refunds. Except as provided by statute, a charge,
cost, or fee is not refundable.
E. Adjustment by Parties. Parties shall settle among
themselves charges, costs, and fees that are paid in advance by
a party and charged to another party.
IV. Effective Date; Rescission of Prior Schedules.
A. Effective Dates. This revised Schedule takes effect
June 1, 2004, applies to every action, case, proceeding or service
described in this Schedule and pending, filed, requested or performed
on or after that date except that the amendment to II.A.1.(C)(2)(d)
applies only to cases filed to establish or modify child custody
cases on or after October 1, 2004.
B. Rescission of Prior Schedules. All previous Schedules
promulgated under Courts Article, § 7-202 are rescinded effective
at midnight, May 31, 2004, except Section II.A.1.(C)(2)(d) shall
be amended at midnight September 30, 2004. |
