1-2003. ADDITIONAL FEES IN CIVIL ACTIONS AND APPEALS. (a) In addition to the fees and charges to be collected by the clerks of the district courts of the state and by other persons authorized by rule or administrative order of the supreme court as now or hereafter provided by law, such clerks and authorized persons are directed to charge and collect the additional sum of twenty-six dollars ($26.00) for filing a civil case or proceeding of any type in the district court or magistrate’s division of the district court including cases involving the administration of decedents’ estates, whether testate or intestate, conservatorships of the person or of the estate or both and guardianships of the person or of the estate or both, except that no fee shall be charged or collected for filing a proceeding under the summary administration procedure for small estates, part 12, chapter 3, title 15, Idaho Code. The additional sum of twenty-six dollars ($26.00) shall also be collected from any party, except the plaintiff, making an appearance in any civil action in the district court, but such twenty-six dollars ($26.00) fee shall not be collected from the person making an appearance in civil actions filed in the small claims departments of the district court.

(b) The sum of twenty-six dollars ($26.00) shall also be collected:

(1) From an intervenor in an action;

(2) From a party who files a third party claim;

(3) From a party who files a cross claim;

(4) From a party appealing from the magistrate’s division of the district court to the district court;

(5) From a party appealing the decision of any commission, board or body to the district court.

(c) The clerk of the supreme court is authorized and directed to charge and collect, in addition to the fees now prescribed by law and as a part of the cost of filing the transcript on appeal in any civil case or proceeding, other than criminal, appealed to the supreme court, the additional sum of twenty-six dollars ($26.00); for filing a petition for rehearing, the additional sum of eighteen dollars ($18.00); for filing an application for any writ for which a fee is now prescribed, the additional sum of eighteen dollars ($18.00); for filing appeals from the industrial commission, the additional sum of thirteen dollars ($13.00).

(d) The clerks of the district courts, persons authorized by rule or administrative order of the supreme court and the clerk of the supreme court are directed and required to remit all additional charges and fees authorized by this section and collected during a calendar month, to the state treasurer within five (5) days after the end of the month in which such fees were collected. Prior to the effective date of section 1-2004A, Idaho Code, the state treasurer shall place all such sums in the judges’ retirement fund. On and after the effective date of section 1-2004A, Idaho Code, the state treasurer shall place all such sums in the state general fund.

History:

[1-2003, added 1947, ch. 104, sec. 3, p. 210; am. 1963, ch. 169, sec. 2, p. 489; am. 1967, ch. 246, sec. 1, p. 713; am. 1967 (1st E.S.), ch. 6, sec. 1, p. 26; am. 1969, ch. 138, sec. 1, p. 424; am. 1979, ch. 219, sec. 3, p. 612; am. 1983, ch. 144, sec. 4, p. 366; am. 1990, ch. 246, sec. 1, p. 699; am. 2012, ch. 330, sec. 5, p. 917.]