A. In all cases or proceedings in the district courts or other courts of record, in which notice by publication is required or requested, the court clerk at the time of the filing of the petition shall:
1. Collect a deposit in the sum of Twenty-five Dollars ($25.00) which shall be in addition to all other fees required by law and shall be used only for the purpose of paying the publisher's fee for publishing such notice or notices; or
2. Accept proof of a direct billing agreement between a publisher authorized to publish such notice or notices and the person filing the petition. Proof of such an agreement may consist of a list of persons with whom a publisher has such an agreement which shall be provided by the publisher to the court clerk and updated no more often than monthly nor less often than annually or by a letter from the publisher addressed to the court clerk stating the existence of such an agreement.
B. In the event it cannot be ascertained at the time the petition is filed that notice by publication will be required or requested and the required deposit for publication is not paid at that time, the court clerk shall, upon the filing of an affidavit for service by publication, a verified petition or any other pleading requiring notice by publication, follow the procedure provided in subsection A of this section to secure payment for the publication.
C. Any deposit or part thereof which is not actually charged for publication costs shall be refunded.
D. Prior to accepting any final decree or dismissal for filing in any case in which notice by publication is required or requested, the court clerk shall collect for transmittal to the publisher such fees as are necessary to pay for all costs of publication or have on file a statement or receipt from the publisher that the same have been paid and, provided further, that proof of publication shall be held by the court clerk but not filed until such time as such publication fees have been collected in full or such statement or receipt from the publisher that the same have been paid has been filed.
Added by Laws 1968, c. 359, § 6, eff. July 1, 1968. Amended by Laws 1974, c. 175, § 1, emerg. eff. May 9, 1974; Laws 1993, c. 131, § 1, eff. Sept. 1, 1993.
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