UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE CLERK OF THE SUPREME COURT
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING FEES COLLECTED BY THE SUPREME COURT; REQUIRING CROSS APPELLANTS TO PAY A FILING FEE; REQUIRING GOVERNMENTAL ENTITIES TO PAY SUPREME COURT FEES; INCREASING CERTAIN FEES AND ADDING FEES; AMENDING SECTIONS 3-2-403 AND 25-10-405, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-2-403, MCA, is amended to read:
"3-2-403. Fees. (1) The clerk must shall collect the following fees:
(1)(a) for filing the transcript on notice of appeal in any civil case appealed to the supreme court, $75 $100 payable by both the appellant as payment in full for all services rendered in the case up to the remittitur to the court below and cross appellant;
(2)(b) for filing a petition for any writ, $75, as payment in full for all services rendered in the cause $100;
(c) for filing a certified question, $100 payable by each party;
(d) for filing a formal complaint for disciplinary action against a licensed attorney, $100;
(e) for retrieval of court records from the secretary of state, actual costs;
(3)(f) for a certificate of good standing as an attorney, $5;
(4)(g) for preparing copies of documents on file, 15 cents per page;
(5)(h) for each certified copy under seal, $1.
(2) A governmental entity, as defined in 2-9-101, shall pay all fees required by this section."
Section 2. Section 25-10-405, MCA, is amended to read:
"25-10-405. Governmental entities not required to prepay pay fees -- exceptions. The state, a county, a municipality, or any subdivision thereof of those entities or any officer when prosecuting or defending an action on behalf of the state, a county, a municipality, or a subdivision thereof of the entities is not required to pay or deposit any fee or amount to or with any officer during the prosecution or defense of an action, except fees required under 3-2-403, the fee under 25-1-201(1)(p) for filing a motion for substitution of a judge, and all fees for photocopies, postage and handling, certifications, authentications, and record searches."
NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 2007.
- END -
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