Rule 4-303. Assessment and collection of filing fees in civil cases commenced by the state, its agencies, or political subdivisions.

Intent:

To establish a procedure for the assessment and collection of filing fees in civil cases filed by the state, its agencies or political subdivisions.

Applicability:

This rule shall apply to the District Courts and the state, its agencies or political subdivisions except the Office of Recovery Services. This rule does not apply to administrative judgments, warrants or liens.

Statement of the Rule:

(1) Responsibility of the court. In civil cases commenced by the state, its agencies or political subdivisions where a judgment is awarded in favor of the state, its agencies or political subdivisions, the court shall include in the judgment amount filing fees to be paid by the judgment debtor.

(2) Responsibility of the clerk of the court. In those cases described in paragraph (1), the clerk of the court shall:

(A) Ensure that a judgment entered in favor of the state, its agencies or political subdivisions specifies the amount of filing fees in the judgment.

(B) Ensure that a satisfaction of judgment is not entered until the filing fees have been remitted to the court.

(C) In the case of a default judgment, determine whether the judgment creditor is a governmental agency and if so, whether filing fees are set forth separately as part of the judgment amount. If the judgment creditor is a governmental agency, but the judgment does not set forth a separate amount for filing fees, the clerk shall require counsel to prepare a judgment which conforms to the requirements of this rule.

(D) Receive payments of filing fees from judgment creditors and credit payments towards the judgment amount.

(E) Deposit fees received pursuant to this rule with the state treasurer.

(3) Responsibility of counsel. In those cases described in paragraph (1), attorneys who commence civil actions on behalf of the state, its agencies or political subdivisions shall:

(A) Request an award of filing fees in the complaint.
(B) Prepare and submit a judgment which specifies the amount of filing fees to be paid by the judgment debtor.

(C) Collect the filing fees from the judgment debtor and transmit those fees to the clerk of the appropriate court.

(D) Withhold entry of a satisfaction of judgment until the judgment debtor has paid the filing fees awarded against him or her.

(E) Refuse to waive the state's, its agencies' or political subdivisions' right to recover court fees or collection costs as part of any settlement or compromise of a disputed claim.