(On Behalf of the Administrative Office of the Courts)
February 20, 1997
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Referred to Committee on Judiciary
SUMMARY--Makes various changes regarding fees collected by clerk of supreme court. (BDR 1-722)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to courts; clarifying the type of cases for which a fee must be paid to the clerk of the supreme court; increasing certain fees that the clerk of the supreme court may collect; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 2.250 is hereby amended to read as follows:
2.250 1. The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:
(a) [Whenever any appeal from the final judgment or any order of a district court] Except as otherwise provided in paragraph (c), whenever an appeal is taken to the supreme court, or whenever [any] a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise [,] is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the [filing of the transcript on the] appeal, cross-appeal or petition [in] for a special proceeding [in the supreme court,] has been entered on the docket, pay to the clerk of the supreme court the sum of [$100, which payment is in full of all fees of the clerk of the supreme court in the action or special proceeding.] $200.
(b) Except as otherwise provided in paragraph (c), a party to an appeal or special proceeding who petitions the supreme court for a rehearing shall, at the time of filing such a petition, pay to the clerk of the supreme court the sum of $100.
(c) No fees may be charged by the clerk in [any] :
(1) Any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or commission thereof is a party in his or its official capacity, against the state, county, city, town, officer or commission [.
(c) In] ;
(2) A habeas corpus [proceedings] proceeding of a criminal or quasi-criminal nature [no fees may be charged.
(d)] ; or
(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.
(d) A fee of [$30] $60 for supreme court decisions in pamphlet form for each [fiscal] year, or a fee of [$15] $30 for less than a 6 months' supply of decisions, to be collected from [any] each person who requests such decisions except those persons and agencies [mentioned] set forth in NRS 2.345. The clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the supreme court compiled in an electronic format.
(e) A fee from [any] a person who requests [any] a photostatic copy or [any] a photocopy print of any paper or document in an amount [not to exceed the cost of copying the paper or document.] determined by the justices of the supreme court.
2. No other fees may be charged than those specially set forth in this section nor may fees be charged for [any other] services other than those [mentioned] set forth in this section.
3. The clerk of the supreme court shall keep [in his office] a fee book in which [he] the clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection [.] in the office of the clerk.
4. The clerk of the supreme court shall publish and [set up] post in some conspicuous place in his office a [fee] table of fees for public inspection. [He] The clerk shall forfeit a sum of not [exceeding] less than $20 for each day of his omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of [his] the fees which [may be] are due to him for services rendered [by him] in any suit or proceeding, [he] the clerk may have execution therefor in his own name against the party from whom they are due, to be issued from the supreme court upon order of a justice thereof or from the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of [any] the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The clerk of the supreme court shall, when [he deposits] depositing with the state treasurer money received [by him] for court fees, render to the state treasurer a brief note of the cases in which the money was received.