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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 3 - COMMENCEMENT OF ACTION; FEES AND COSTS
CR 3.01 COMMENCEMENT OF ACTION
A civil action is commenced
by the filing of a complaint with the court and the issuance of a
summons or warning order thereon in good faith.
[Adopted
eff. 7-1-53]
CR 3.02 CIRCUIT CIVIL FEES AND COSTS
(1) The filing fees for a civil case in Circuit Court (including original actions of administrative agencies, special districts or boards) shall be paid to the circuit clerk at the time the case is filed and shall be $100.00, except as provided below:
(a) There shall be no filing fees for proceedings for a writ of habeas corpus, proceedings under RCr 11.42, and mental health proceedings under KRS Chapters 202A, 202B and 387.
(b) Fees required by KRS 453.060 shall be paid in addition to the fee required by this rule.
(2) Additional costs, payable to the circuit clerk at the time the service is requested, shall be charged in Circuit Court civil cases as follows:
(a) For a jury of six persons $ 15.00
(b) For a jury of more than six $ 30.00
(c) Filing a third party complaint $ 20.00
(d) Preparing a certification, including Act of Congress $ 5.00
(e) Providing a copy of a document (per page) $ .15
(f) Providing a copy of a videotape (per tape) $ 15.00
(g) Providing a copy of an audiotape (per tape) $ 5.00
(h) Issuing orders of attachment; executions, writ of possession
after judgment $ 10.00
(i) Issuing garnishments $ 4.00
(j) Publishing a notice As Set by Newspaper
(k) Certified mail fees As Set by Postal Service
(l) Original deposition, including appearance fees and
mileage assessed as Costs
(m) Library fees As set by KRS 172.180 and KRS 453.060
(3) The court, in its discretion, may provide for the payment of additional costs in cases requiring extraordinary services. If the circuit judge assesses additional costs, the circuit clerk shall collect as ordered including:
(a) A fee of $50.00 in domestic relations cases reopened after six months from the entry of the decree for the purpose of modifying the decree, to be collected from the movant at the filing of the motion;
(b) A fee of $50.00 in civil cases in each instance in which the number of items filed surpasses 50 in number or a multiple thereof (the 51st item, 101st item, etc.), to be collected following entry of the judgment;
(c) A fee of $100.00 per day for each day of a civil jury trial in excess of four (4) days, to be collected following entry of the judgment.
[Amended
eff. 7-1-02;
Amended by Order 97-2, eff. 3-15-97; prior amendment eff. 3-15-97;
adopted eff. 1-1-97]
CR 3.03 DISTRICT CIVIL FEES AND COSTS
(1) The filing fee for a civil case in District Court shall be paid to the clerk at the time the case is filed and shall be $45.00, except as provided below:
(a) Where the case or controversy does not exceed $1500.00, exclusive of interests and costs (Small Claims), the fees shall be $20.00;
(b) Where the amount in controversy is $500.00 or less and is not filed in small claims court, the fees shall be $35.00;
(c) Where the case involves the probate of an estate, the
fees shall be $35.00;
(d) Where the case involves the appointment of guardians, conservators, and curators and is not related to a pending probate proceeding, the fees shall be $35.00 for each application;
(e) Where the matter involves a name change for a natural person, the fees shall be $35.00;
(f) Where the case involves a paternity determination under KRS Chapter 406, the fees shall be $35.00;
(g) Where the case involves mental health proceedings under KRS Chapter 202A, 202B or 387, there shall be no fees except as provided in paragraph (d) of this subsection;
(h) Where the case involves a hearing for a student pursuant to KRS 159.051, there shall be no fees; and
(i) Where the case involves filing forcible detainer actions, the fees shall be $35.00;
(j) Where the case involves filing a petition to marry under KRS 402.020, the fees shall be $10.00.
(k) The fees required by KRS 453.060 shall be paid in addition to the fee required by this rule.
(2) Appeals to Circuit Court.
(a) The filing fees for an appeal from a district court civil matter to the circuit court shall be $60.00.
(b) In the case of a counterclaim or cross-claim that exceeds the jurisdictional amount of district court requiring transfer to circuit court, additional fees of $60.00 shall be paid by the party filing the counterclaim or cross-claim.
(c) In the case of a counterclaim or cross-claim that exceeds the jurisdictional amount for which the lessened fee is provided in subsection
(1)(b) above, but which is not greater than the jurisdiction of District Court, additional fees of $15.00 shall be paid by the party filing such counterclaim or cross-claim.
(d) The fees required by KRS 453.060 shall be paid in addition to the fee required by this rule.
(3) Additional costs, payable to the circuit clerk at the time the service is requested, shall be charged in District Court civil cases as follows:
(a) For a jury of six persons, including paternity cases $ 15.00
(b) Filing a third party complaint $ 20.00
(c) Preparing a certification, including Act of Congress $ 5.00
(d) Providing a copy of a document (per page) $ .15
(e) Providing a copy of a videotape (per tape) $ 15.00
(f) Providing a copy of an audio tape (per
tape) $ 5.00
(g) Issuing orders of attachment; executions; writ of possession
after judgment $ 10.00
(h) Issuing garnishments $ 4.00
(i) Publishing a notice As Set by Newspaper
(j) Certified mail fees As Set by Postal Service
(k) Original deposition, including
ppearance fees and mileage Assessed as Costs
(l) Library fees As Set by KRS 172.180 and KRS 453.060
(4) The court, in its discretion, may provide for the payment of additional costs in cases requiring extraordinary services.
[Amended
eff. 7-1-02; Amended by Order 97-2, eff. 3-15-97; prior amendment eff. 3-15-97;
adopted eff. 1-1-97]
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