Section 8020. County clerks as clerks of court  


Latest version.
  • Whenever a county clerk
      renders a service in his capacity as clerk of the supreme  or  a  county
      court,  in  an  action pending in such court, he is entitled to the fees
      specified in this section, payable in advance.
        (a) Placing cause on calendar. For placing a cause on a  calendar  for
      trial  or  inquest, one hundred twenty-five dollars in the supreme court
      and county court; except that where rules of the chief administrator  of
      the  courts  require that a request for judicial intervention be made in
      an action pending in supreme court or county  court,  the  county  clerk
      shall  be  entitled  to  a  fee of ninety-five dollars, payable before a
      judge may be assigned pursuant to  such  request,  and  thereafter,  for
      placing  such  a  cause  on  a calendar for trial or inquest, the county
      clerk shall be entitled to an additional fee of thirty dollars,  and  no
      other fee may be charged thereafter pursuant to this subdivision; except
      that  the  county clerk shall be entitled to a fee of forty-five dollars
      upon the filing of each motion or cross motion in such action.  However,
      no  fee  shall be imposed for a motion which seeks leave to proceed as a
      poor person pursuant to subdivision (a) of section eleven hundred one of
      this chapter.
        (b) Calendar fee for  transferred  cause,  joint  trial,  retrial,  or
      separate  trial.  Where a cause which has been placed upon a calendar is
      transferred before trial to a court for which a larger calendar  fee  is
      prescribed, the difference in calendar fee shall be paid at the time the
      cause  is  placed  upon the calendar of the latter court, except that no
      additional fee shall be required when the action is transferred for  the
      purpose  of  consolidation  or  trial  jointly  with  another action. No
      separate calendar fee shall be imposed for a retrial of a cause  or  for
      the trial of a separate issue in a cause.
        (c) Filing demand for jury trial. For filing a demand for a jury trial
      in  the  following  counties,  where  the  right to a jury trial is duly
      demanded:
        1. in the counties within the city of New York, sixty-five dollars  in
      the supreme court;
        2.  in all other counties, sixty-five dollars in the supreme court and
      county court.
        (d) Filing a stipulation of settlement or a voluntary  discontinuance.
      For  filing  a  stipulation  of  settlement  pursuant to rule twenty-one
      hundred four of this chapter or a notice,  stipulation,  or  certificate
      pursuant to subdivision (d) of rule thirty-two hundred seventeen of this
      chapter, the defendant shall file and pay:
        1. in the counties within the city of New York, thirty-five dollars in
      the supreme court.
        2. in all other counties, thirty-five dollars in the supreme court and
      county court.
        Provided,  however,  that  only one such fee shall be charged for each
      notice, stipulation or certificate filed pursuant to this subdivision.
        (e) Jury fee for transferred cause, joint trial, retrial  or  separate
      trial.  Where  a  cause in which a jury has been demanded is transferred
      before trial to a court for which a larger jury fee is  prescribed,  the
      difference in the jury fee shall be paid at the time the cause is placed
      upon  the  calendar  of  the latter court, except that no additional fee
      shall be required when the action is  transferred  for  the  purpose  of
      consolidation  or  trial jointly with another action in which a jury fee
      has previously been paid. No separate jury fee shall be  imposed  for  a
      retrial of a cause or for the trial of a separate issue in a cause.
        (f) Certification, exemplification, and copies of papers.
    
        1.  For  issuing  any  certificate, in counties within the city of New
      York, eight dollars, and in all other counties, four dollars, except  as
      otherwise expressly provided in this article.
        2.  For  a certificate of exemplification, exclusive of certification,
      in counties within the city of New York, twenty-five dollars, and in all
      other counties, ten dollars.
        (g) Searches. For certifying to a search of any court  records  for  a
      consecutive  two-year  period  or  fraction  thereof,  for  each name so
      searched, five dollars.
        (h) Production of court records. For  each  day  or  part  thereof  in
      attendance  in  any  action  pursuant  to a subpoena duces tecum, twenty
      dollars, and in addition thereto, mileage fees of twelve cents per  mile
      each way and the necessary expenses of the messenger, except that if the
      subpoena  duces  tecum  be  served  within the city of New York, and the
      place of attendance  is  within  the  city  of  New  York,  then  actual
      transportation costs shall be charged instead of the mileage fees.