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This entry was published on 2014-09-22
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SECTION 8020
County clerks as clerks of court
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 80
§ 8020. County clerks as clerks of court. 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.