Civil Fees
Payee
All checks for fees paid to the court in civil matters except for deposits of money into court must be made payable to Treasurer, State of New Jersey. Deposits of moneys into court, to be held in the Superior Court Trust Fund, should continue to be made payable to the Superior Court of New Jersey. See R. 1:13- 10.
b. Applications to Waive Filing Fees
Rule 1:13-2 allows the court to waive payment of fees for indigent persons, i.e., those unable to pay filing fees, who apply for waiver and who provide verification of their indigent status. Copies of the pleadings to be filed must accompany the application.
c. Filing Fees – State of New Jersey/State Agencies
The State of New Jersey and any of its agencies, including the Motor Vehicle Commission, are exempt from payment of all filing fees. See N.J.S.A. 22A:2-22.
d. New Jersey Property Liability Insurance Guaranty Association NJPLIGA) not Exempt from Fees The NJPLIGA is not a state agency and thus is not exempt from payment of filing and other court fees.
e. Filing Fees – Prosecutor
The county prosecutors’ offices are not exempt from the payment of filing fees even in forfeiture actions in which county prosecutor is acting on behalf of the State.
f. Fees for Name Changes – Family Members
When a name change is brought, as a single complaint, by a parent and adult children or by registered domestic partners, a single fee is due and a single docket number will be assigned.
g. Fees for First Papers
When the first paper filed by a particular party is not a complaint or an answer, the complaint or answer fee, whichever is applicable, must be paid. Therefore, if the first paper filed by a party is a stipulation extending time to answer only or a motion in lieu of answer, the answer fee must be paid. If the first paper is a motion in lieu of answer, the fee for filing a motion is not required, only the answer fee must be paid.
h. Refund of Filing Fees
Filing fees generally will not be refunded. However, the court may, as a courtesy but not an obligation, choose to make a refund of a filing fee only when the fee has not been processed AND a docket number has not yet been assigned.
i. Consolidated Cases – Filing Fees
For purposes of filing fees, consolidated matters (non-mass torts) are treated the same as singular cases.
j. Fees for Omnibus Motions
When a single motion is filed that relates to a number of cases, for instance, when the cases involve a common insurance carrier that is in rehabilitation, a single motion fee may be charged.
k. Fees Payable When Filers Are Spouses
When a document is filed on behalf of a husband and wife, and a single filing fee is required.
l. Fee for Cases Remanded from Criminal Division
If a matter is remanded from the Criminal Division, a $200 filing fee must be paid.
m. Fees for Motions to Turnover Funds and Motions to Withdraw Funds
The fee for a motion to turnover funds is $30, regardless of the amount of the funds. A motion to turnover funds is a postjudgment motion to get access to funds that were the subject of a levy. This is different from the motion to withdraw funds for which the filing fee is $30 for funds less than $100; $30 plus an extra $5 for funds of $100 but less than $1000 or a total of $35; and $30 plus an extra $10 for funds of $1000 or more or a total of $40. The motion to withdraw is filed to get access to funds previously paid into court. An example is when a carrier pays the amount of the insurance policy limits into
court during the pendency of a personal injury case.
n. Fees for Exemplified and Certified Copies
Fees for exemplified copies of Law Division, Civil Part judgments are computed as $5 for the certification, plus $5 for the exemplification plus the $0.75 per page fee. Thus the fee for an exemplification is $10 plus the per page copy fee. An exemplification fee for a single page document is $10.75; for a five-page document the fee is $13.75.
Note that the fee for an exemplified copy of a Special Civil Part judgment is different ($5) and is governed by a different statute. Fees for certified copies of civil documents are as follows:
If a copy of the document to be certified is supplied by the requestor and if this is the first request by the particular requestor for the particular document, there is no fee;
If the copy of the document is not supplied or for all requests after the initial request, the fee is $5.00 per request. There is no charge for the first copy of a name change judgment and writ of execution.
o. Fees for Defense Motions to Dismiss
When the first paper filed by a defendant is a motion to dismiss, the $135 fee for the defendant’s first pleading is charged. Even if the motion is granted, the fee is non- refundable.
p. Fees for Motions to Transfer from Special Civil Part The fee for a filing of a motion to transfer a case from the Special Civil Part to the Civil Part is $30 (the Civil Part motion filing fee), as these motions must be brought in the Civil Part. If the motion is granted, the moving party must pay the applicable Civil Part filing fee for its first paper, less any filing fee previously paid when originally filing in the Special Civil Part.
q. Fees for Condemnation Appeals
Rule 4:73-6 provides that an appeal from the Report of the Commissioners on a condemnation case can be filed under the original docket number without a fee. However, the second part of the rule requires a new docket assignment for appeals that should be severed and for these the fee is $200 per property.
r. Presumptive Fees to Condemnation Commissioners
The standard rate for compensating condemnation commissioners should be $200 per hour for commissioners and $225 per hour for the chair or lead commissioner.
s. Fees for Wage and Hour Matters If a wage and hour case is filed pursuant to R. 4:74-8 as an appeal from a judgment
obtained in the Wage Collection Section of the Department of Labor and Industry (now known as the Department of Labor and Workforce Development), the filing fee is $75 pursuant to N.J.S.A. 22A:2-27. If, on the other hand, the case is brought not as an appeal, but as a summary action, the filing fee is $230 (i.e., $200 for the verified complaint and $30 for the OSC).
t. Restoration Fees Following Reinstatement Under R. 4:23-5
The restoration fee payable under R. 4:23- 5, whether restoration is done via motion or consent order, must be submitted with the motion or consent order.
u. Fees Upon Remand from Federal Courts
When a matter is remanded from the Federal Court to the Law Division, Civil Part, the remand should be considered as a new filing and the party charged the full $200 filing fee. Likewise, even if the defendant filed an answer in the Federal Court, the
defendant is charged the full filing fee upon filing his/her answer in the Superior Court. The only time no fees would be charged is when the matter originated in the Superior Court and was removed to the Federal Court. In that situation, no fees would be charged. if the matter is subsequently remanded back to the Superior Court, as long as the parties paid the appropriate fees prior to the remand.
v. Fees for the Issuance of Subpoenas By the Court
The fee for issuance of a subpoena is $5.00. See N.J.S.A 22A:2- 7.
w. Fees for the Issuance of an Arrest Warrant
The fee for the issuance of a civil arrest warrant is $5. To execute the warrant, additional fees are charged by the county Sheriffs’ offices.
x. Fees for Election-Related Matters
There is no filing fee for actions seeking a recount following an election. For all other election-related matters, which should be brought as summary actions pursuant to R. 4:67 via verified complaint and OSC, the filing fee is $230.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
