Madison County Circuit Court, Alabama Filing Fees and Waivers

CRITICAL

Applies to

Expungement petition

A separate filing fee must be paid for each arrest when seeking expungement of charges arising from multiple arrests.

When the Petitioner is seeking the expungement of multiple charges arising from multiple arrests, a filing fee for each arrest shall be paid.

CRITICALCivil cases

Fee

297

Applies to

Motion to intervene

A $297 filing fee applies to a motion to intervene.

Motion to Intervene ($297.00)

CRITICALCivil cases

Fee

50

Applies to

Judgment on the pleadings motion

A $50 filing fee applies to a motion for judgment on the pleadings.

Judgment on the Pleadings ($50.00)

CRITICAL

Four-percent electronic-filing convenience fees may be assessed as court costs upon written request and submission of a supporting affidavit.

WHEREAS, in many instances parties participating in the electronic filing of court documents are desirous of having the convenience fees, that being four percent, taxed as costs, and: WHEREAS, the Judges of the District Court of Madison County, Alabama, seek now to establish an expedient and uniform method of allowing such charges to be assessed as court costs, NOW, THEREFORE, the premises considered, it is hereby ORDERED, ADJUDGED and DECREED that UPON WRITTEN REQUEST, the expenses of electronically filing of court documents shall be assessed by the clerk as court costs upon submission of an affidavit in support of such.

CRITICALCivil cases

Fee

50

Applies to

Judgment on the pleadings motion

A $50 filing fee applies to a judgment-on-the-pleadings motion.

Judgment on the Pleadings ($50.00)

CRITICALCivil cases

Fee

50

Applies to

Rule 56 summary judgment motion

A $50 filing fee applies to a Rule 56 summary judgment motion.

Summary Judgment pursuant to Rule 56($50.00)

CRITICALCivil cases

Fee

50

Applies to

Default judgment motion

A $50 filing fee applies to a default judgment motion.

Default Judgment ($50.00)

CRITICALCivil cases

Fee

50

Applies to

Motion to dismiss or alternative summary judgment

A $50 filing fee applies to a motion to dismiss or, alternatively, for summary judgment.

Motion to Dismiss, or in the Alternative Summary Judgment($50.00)

CRITICALCivil cases

Fee

50

Applies to

Default judgment motion

A $50 filing fee applies to a default judgment motion.

Default Judgment ($50.00)

CRITICALCivil cases

Applies to

Default judgment

A filing fee is required when seeking a default judgment under Rule 55(b), ARCP.

Pursuant to Ala. Code 1975, §12-19-71(a) (10), a filing fee is required when seeking a default judgment pursuant to Rule 55(b), ARCP

CRITICALCivil cases

Fee

50

Applies to

Renewed dispositive motion

A $50 filing fee applies to a renewed dispositive motion not pursuant to Rule 12(b).

Renewed Dispositive Motion(Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)

CRITICALCivil cases

Fee

297

Applies to

Motion to intervene

A $297 filing fee applies to a motion to intervene.

Motion to Intervene ($297.00)

CRITICAL

Fee

500

Applies to

Expungement petition

If the petitioner is not found indigent and the fee is not waived, only one $500 filing fee is paid for multiple charges arising from one arrest.

If the Court does not determine the Petitioner to be indigent and does not waive the $500.00 filing fee, when the Petitioner is seeking the expungement of multiple charges arising from one arrest, only one filing fee shall be paid.

CRITICALCivil cases

Fee

50

Applies to

Motion to dismiss or alternative summary judgment

A $50 filing fee applies to a motion to dismiss or, alternatively, for summary judgment.

Motion to Dismiss, or in the Alternative Summary Judgment($50.00)

CRITICAL

Fee

20 $

Applies to

Writ of restitution or possession

A $20.00 Sheriff's service fee is required for the writ.

* A $20.00 Sheriff service fee is required*

CRITICALCivil cases

Fee

50

Applies to

Other motion pursuant to rule

Other pursuant to Rule ($50.00)

Other pursuant to Rule ($50.00)

CRITICAL

Fee

10 $

Applies to

Complaint

A $10.00 fee applies for each additional defendant.

$10.00 for each additional defendant

CRITICAL

Fee

302 $

Applies to

Complaint

The initial filing fee is $302.00.

the initial filing fee is $302.00;

CRITICALCivil cases

Fee

50

Applies to

Joinder in other party dispositive motion

A $50 filing fee applies to joinder in another party's dispositive motion as described.

Joinder in Other Party's Dispositive Motion (i.e. Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)

CRITICAL

Fee

50 $

Applies to

Default

The fee for filing for default is $50.00.

Filing fee for filing for default is $50.00.

CRITICALCivil cases

Fee

50

Applies to

Rule 56 summary judgment motion

A $50 filing fee applies to a motion for summary judgment under Rule 56.

Summary Judgment pursuant to Rule 56($50.00)

CRITICALCivil cases

Applies to

Default judgment

A filing fee is required when seeking a default judgment under Rule 55(b).

Pursuant to Ala. Code 1975, §12-19-71(a) (10), a filing fee is required when seeking a default judgment pursuant to Rule 55(b), ARCP.

CRITICALCivil cases

Applies to

Special process server expenses

Special-process-server expenses may be assessed as court costs upon written request and submission of a paid statement, but may not exceed the applicable Madison County Sheriff charges.

NOW, THEREFORE, THE PREMISES CONSIDERED, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that UPON WRITTEN REQUEST, the expenses of service of process paid to special process servers shall be assessed by the clerks of this judicial circuit as court costs upon submission of a paid statement, but however, only to the extent the expenses do not exceed those which would be charged by and paid to the Madison County Sheriff pursuant to applicable law.

CRITICALCivil cases

Fee

50

Applies to

Joinder in other partys dispositive motion

A $50 filing fee applies to a joinder in another party's dispositive motion, except a motion pursuant to Rule 12(b).

Joinder in Other Party's Dispositive Motion (i.e. Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)

CRITICALCivil cases

Fee

50

Applies to

Other motion pursuant to rule

A $50 filing fee applies to an other motion made pursuant to a rule.

Other pursuant to Rule ($50.00)

CRITICAL

Fee

20 $

Applies to

Complaint

A $20.00 service fee applies for each party if service is by the Sheriff's Department.

along with a $20.00 service fee. (If served by Sheriff's Department) for each party.

CRITICALCivil cases

Fee

50

Applies to

Renewed dispositive motion

A $50 filing fee applies to a renewed dispositive motion of the types described.

Renewed Dispositive Motion(Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)

WARNINGCivil cases

Governmental entities are exempt from prepayment of filing fees.

Check here if you have filed or are filing Date: Signature of Attorney or Party: contemoraneously with this motion an Affidavit of Substantial Hardship or if you are filing on behalf of an agency or department of the State, county, or municipal government. (Pursuant to §6-5-1 Code of Alabama (1975), governmental entities are exempt from prepayment of filing fees)

WARNINGCivil cases

Applies to

Other motion pursuant to rule

An other motion pursuant to a rule is subject to a filing fee, although the amount is not specified here.

Other pursuant to Rule (Subject to Filing Fee)

WARNINGCivil cases

Governmental entities are exempt from prepaying filing fees under the cited provision.

(Pursuant to §6-5-1 Code of Alabama (1975), governmental entities are exempt from prepayment of filing fees)

WARNINGCivil cases

The listed motion fees exclude Local Act fees; contact the Clerk of the Court about applicable local fees.

*Motion fees are enumerated in §12-19-71(a). Fees pursuant to Local Act are not included. Please contact the Clerk of the Court regarding applicable local fees.

WARNINGCivil cases

Applies to

Motion to dismiss that is summary judgment

A motion titled 'Motion to Dismiss' that is actually a summary judgment motion and is not pursuant to Rule 12(b) is subject to a filing fee.

**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.

WARNINGCivil cases

Applies to

Motions listed under motions not requiring fee

Motions Not Requiring Fee Add Party Amend Change of Venue/Transfer Compel Consolidation Continue Deposition Designate a Mediator Judgment as a Matter of Law (during Trial) Disburse Funds Extension of Time In Limine Joinder More Definite Statement Motion to Dismiss pursuant to Rule 12(b) New Trial Objection of Exemptions Claimed Pendente Lite Plaintiff's Motion to Dismiss Preliminary Injunction Protective Order Quash Release from Stay of Execution Sanctions Sever Special Practice in Alabama Stay Strike Supplement to Pending Motion Vacate or Modify Withdraw Other pursuant to Rule (Subject to Filing Fee)

Motions Not Requiring Fee Add Party Amend Change of Venue/Transfer Compel Consolidation Continue Deposition Designate a Mediator Judgment as a Matter of Law (during Trial) Disburse Funds Extension of Time In Limine Joinder More Definite Statement Motion to Dismiss pursuant to Rule 12(b) New Trial Objection of Exemptions Claimed Pendente Lite Plaintiff's Motion to Dismiss Preliminary Injunction Protective Order Quash Release from Stay of Execution Sanctions Sever Special Practice in Alabama Stay Strike Supplement to Pending Motion Vacate or Modify Withdraw Other pursuant to Rule (Subject to Filing Fee)

INFO

Applies to

Counterclaim

A defendant or tenant may bring a counterclaim in District Court without a filing fee.

Counterclaims are allowed by the defendant/tenant, and there is no filing fee for this action in District Court.

INFOCivil cases

Applies to

Motions listed under motions not requiring fee

The motions listed under the “Motions Not Requiring Fee” heading do not require a filing fee.

Motions Not Requiring Fee