Modoc Superior Court Filing Fees and Waivers

CRITICAL

Fee

150

Applies to

Jury fee deposit

A party preserving the right to a jury trial must deposit $150 with the Clerk by the initial Case Management Conference, or at least five days before trial in an unlawful detainer action.

A party who wishes to preserve the right to a jury trial must deposit with the Clerk, no later than the date of the initial Case Management Conference, the sum of $150.00, Code of Civil Procedure §631(b), (c), or at least five (5) days prior to the date set for trial in an unlawful detainer action, CCP §631(c) (1).

CRITICAL

Applies to

Jury fee refund request

The depositing party must submit a written request for a jury-fee refund within 20 days after waiver, settlement, dismissal, or continuance of trial.

Requests for refunds of jury fees must be submitted in writing by the depositing party within 20 days from the date that the jury is waived, or from the date that the action is settled or dismissed or the trial is continued (CCP §631.3).

CRITICAL

Fee

1

Applies to

Direct fax filing

Direct fax filing costs $1 per transmitted page, including the cover page, and must be paid by check, money order, or cashier’s check by the earlier of five court days after transmission or the hearing date; the filer and any attorney of record share the payment obligation, and nonpayment may result in specified court action.

The filing fee for direct FAX filing is $1.00 per page for each page transmitted, including the informational cover page, and must be paid by check, money order or cashier's check to the Clerk of the Court within five court days from the date of transmission or by the date of hearing, whichever first occurs. The payment of this fee is the joint obligation of the filing party and his or her attorney of record, if any. Failure to pay these fees will be deemed a failure to pay fees pursuant to Code of Civil Procedure §411.20, and may result in the Court’s nullification of a prior filing, in the Court’s disregard of a document so filed, and/or in the suspension of proceedings, including a calendared matter.

CRITICAL

Applies to

Document requiring filing fee

When a document requires a filing fee, direct filing with the Court is mandatory unless the filer has arranged payment with the Clerk or faxed a check for the correct filing fee and fax fee as specified.

Direct Filing with the Court is mandatory when a filing fee is required for the filing of any document, unless the filing party has made prior arrangements with the Court Clerk for payment of the filing fee, or has FAXED a copy of a check in the correct amount of the filing fee plus FAX fee in the manner set forth in subsection a, below, made payable to the Court.

CRITICAL

Applications to waive fees and costs must follow California Rules of Court, rule 8.818.

Applications for a waiver of fees and costs shall be made pursuant to California Rules of Court, rule 8.818.

CRITICAL

Applies to

Daily jury fees

Beginning on the second trial day, a party who demanded a jury must pay the requested amount for that day's jury fees and any accrued jury mileage or transportation costs on the day of the request.

Thereafter, at the beginning of the second trial day and each succeeding trial day, the courtroom clerk will ask the party or parties who demanded the jury to pay a sum equal to one day's actual jury fees plus the accrued mileage of and/or transportation for the jury, if any there be. Each such request must be honored on the day it is made.

CRITICAL

Applies to

Document requiring a filing fee

A document requiring a filing fee may be FAX filed only in the manner specified by Local Rules 2.15.B 2.

Any document for which a filing fee is required upon filing may be FAX filed only in the manner provided for by Local Rules 2.15.B 2.

CRITICAL

Applies to

Cost award after fee waiver

When a prevailing party who received a fee waiver is awarded costs, the Court will order the party bearing costs to pay the waived fees directly to the Court.

In all cases in which a prevailing party has been granted a waiver of fees and is awarded costs, the Court will order that the party bearing costs pay, directly to the Court, the aggregate of any fees that were waived.

WARNING

Applies to

Court appointed witness interpreter fee

Fees for a court-appointed witness interpreter are not waived in civil, family law, or probate cases unless the Court approves the requesting party’s application.

There will be no waiver of fees for payment of a court-appointed interpreter for witnesses in civil, family law, or probate cases, unless the Court has approved the requesting party’s application.

WARNING

Applies to

Application for dismissal

No filing fee is required for the dismissal application unless a hearing is conducted.

(No filing fee will be required unless a hearing on the application is conducted.)

WARNING

Applies to

Continuance

Such monetary sanctions will be in addition to any fees required for the continuance.

Such monetary sanctions will be in addition to any fees required for the continuance.

INFO

Applies to

Fee waiver application

The Clerk may grant fee-waiver applications that meet the specified statutory eligibility standards.

The Clerk is authorized to grant applications for fee waivers that meet the standards of eligibility established by Government Code §68511.3, subdivisions (a)(6)(A) or (B).