Marion Superior Court Filing Fees and Waivers

Fee

25

Applies to

Problem-solving court participation

The clerk shall collect a $25 monthly problem-solving court services fee, capped at $600 total, and transmit collected fees within thirty (30) days for deposit in the county user fee fund.

solving court services fee of $25 for each month of problem-solving court participation in accordance with I.C. 33-23-16-23. The monthly fee shall not exceed $600 in total assessment. The clerk of the court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the county user fee fund established under I.C. 33-37-8.

Applies to

Claim against estate

A claimant whose estate claim is not acted upon within three months and 15 days after first published notice must pay the fee for filing a new cause of action, after which the claim receives a new cause number and is tried under the Indiana Rules of Trial Procedure; failure to pay can result in dismissal.

414.2 If a claim is disallowed or neither allowed or disallowed by the personal representative within three (3) months and fifteen (15) days after the date of first published notice to creditors, the claimant shall pay to the Clerk of the Court the fee for filing a new cause of action and the claim will be assigned a new cause number in the Court and tried pursuant to the Indiana Rules of Trial Procedure. Failure of the claimant to pay the filing fee subjects the claim to dismissal pursuant to T.R. 41.

Applies to

Redocketed case

A redocket fee applies when a case with an initial judgment seeking enforcement or modification of that judgment is redocketed.

A redocket fee pursuant to Indiana Code 33-34-8-1(a)(5), shall be applied to a case that has an initial entry of judgment that seeks enforcement or modification of the judgment.

Applies to

Compact disc recording

The fee for preparing a certified Compact Disc recording may include the disc cost, applicable mailing costs, and a $5.00 certification fee.

The maximum fee for preparing a Compact Disc recording of a proceeding is the cost of the compact disc, mailing costs if applicable, and a five dollar ($5.00) fee if the Compact Disc can be certified.

Applies to

Transcript supplies

Transcript supplies used to prepare transcript and exhibit binders must be itemized and charged according to the applicable judge's fee schedule.

The transcript supplies used in the preparation and assembly of the transcript and exhibit binders shall be itemized and charged in accordance with the fee schedule set out in the Schedule of Transcript Supplies and Fees on file with each Small Claims Court Judge.

Applies to

Required form

The Court may charge a fee for providing a required form, but the fee cannot exceed the Court's cost and is subject to the stated waiver procedure.

The Court may charge a fee, not to exceed the cost to the Court, for providing a form subject to a waiver of such costs pursuant to LR49-SC00-202.

Applies to

Filing fee and costs

The Court may waive filing fees and costs fully or partially after receiving a waiver form and a showing of present inability to pay.

Upon filing a Waiver of Filing Fee and Costs form and a showing of the present inability to pay the filing fee and costs, the Court may waive the filing fee and costs in full or in part.

Applies to

Filing fee and costs

The Court may presume inability to pay filing fees and costs for applicants represented by counsel from organizations using generally accepted poverty standards.

The Court may presume that an applicant is unable to pay the filing fee and costs if the applicant is represented by an attorney of an organization that uses generally accepted standards of poverty to determine eligibility for its services.

Applies to

Redocketed case

The Marion County Small Claims Court judge may waive or apply the redocket fee.

It is within the discretion of the Judge of the Marion County Small Claims Court to waive or apply the redocket fee.