Ark. Code Ann. § 21-6-402 (2020)
Circuit court clerks — Miscellaneous fees
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- The fees to be charged by the clerks of the circuit courts for the following matters in the circuit courts in the state shall be as prescribed in this section.
- No portion of these fees shall be refunded.
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The fees shall be:
- For drawing and issuing, sealing any summons, subpoena $2.50
- For writs or executions 20.00
- For certificate and seal 5.00
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For making and preparing any transcript:
- Two dollars and fifty cents ($2.50) per page for the first one thousand (1,000) pages;
- Two dollars ($2.00) per page for pages one thousand one (1,001) through two thousand (2,000);
- One dollar and fifty cents ($1.50) per page for pages two thousand one (2,001) through three thousand (3,000);
- One dollar ($1.00) per page for pages three thousand one (3,001) through four thousand (4,000); and
- Fifty cents (50¢) per page for any page over four thousand one (4,001);
- For indexing each page .25
- For certifying costs 2.50
- For authentication certificate 5.00
- For filing an application for appointment to serve civil process under Supreme Court Administrative Order Number 20 140.00
- For filing a renewal of an appointment to serve civil process under Supreme Court Administrative Order Number 20 50.00.
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The fees to be charged by the circuit court clerks of this state to the Department of Finance and Administration shall be as follows:
- For filing a certificate of indebtedness issued by the Department of Finance and Administration 8.00
- For filing a release of a certificate of indebtedness 6.00
- For an execution on a certificate of indebtedness filed by the Department of Finance and Administration 10.00.
History. Acts 1945, No. 55, § 1; 1977, No. 333, § 2; A.S.A. 1947, § 12-1710; Acts 1999, No. 1081, § 7; 2003, No. 1765, § 26; 2005, No. 919, § 1; 2005, No. 1934, § 14; 2009, No. 328, § 6; 2011, No. 1145, § 1; 2013, No. 68, § 1.
A.C.R.C. Notes. Acts 2009, No. 328, §§ 1 and 2, provided:
“Pursuant to Arkansas Code § 16-10-101 and 16-10-102, the Arkansas Supreme Court, through the Administrative Office of the Courts, is responsible for the design, purchase, implementation, and operation of a comprehensive automated court management system for use by all district, circuit, and appellate courts in the State of Arkansas.
“In 2001, the Arkansas Supreme Court created the Arkansas Court Automation Project to carry out these responsibilities and appointed the Arkansas Supreme Court Committee on Automation to oversee the project. Since that time a comprehensive system has been bid and purchased, redesigned for maximum use in Arkansas courts, and implemented in a number of pilot courts in the state. The system is now completed and scheduled for distribution and use by all of the courts in the state.
“The purpose of this Act is to provide a structure for the perpetual staffing and operation of the system so that the system is self-supporting and all funding is generated by and through use of the system and without any use of the general revenue funds of the State of Arkansas.
“This Act is to be known as the ‘Court Technology Improvement Act of 2009’.”
Amendments. The 1999 amendment rewrote (8).
The 2003 amendment deleted “and chancery” following “circuit” in the section catchline and introductory language; and substituted “10.00” for “4.00” in (9).
The 2005 amendment by 919 inserted the subsection (a) designation; inserted “Except as provided in subsection (b) of this section” in present (a); and added (b).
The 2005 amendment by 1934 substituted “5.00” for “2.00” in (10) and added (15).
The 2009 amendment rewrote (a) and (b); and redesignated former (b) as (c).
The 2011 amendment deleted “each page in” and “2.50” in the present introductory language of (b)(4); and inserted (b)(4)(A) through (E).
The 2013 amendment inserted “per page” throughout (b)(4).
Research References
Ark. L. Rev.
Divorce — Indigent's Right to Avoid Payment of Filing Fees, 26 Ark. L. Rev. 87.
Case Notes
In General.
The clerk is without power to waive statutory fees. McCourtney v. Morrow, 216 Ark. 959, 229 S.W.2d 124 (1950).
Appeal from Inferior Court.
Filing an appeal from municipal court is “initiating a cause of action” in the circuit court under § 21-6-403 so that an advance fee must be paid under this section. Neeley v. Barber, 288 Ark. 384, 706 S.W.2d 358 (1986).
The filing fee charged for appealing to the circuit court is collected no matter whether the defendant is tried by a jury or by the judge or even if the prosecution ends without any trial at all. Neeley v. Barber, 288 Ark. 384, 706 S.W.2d 358 (1986).
Fee Not Allowed.
The circuit clerk was not entitled to any fee for a certificate of attendance to jury commissioners. Logan County v. Trimm, 57 Ark. 487, 22 S.W. 164 (1893) (decision under prior law).
Neither § 16-10-301 to 16-10-305 nor § 21-6-402 to 21-6-406 refer to a fee that may be charged by bailiffs, clerks, or the courts for potential juror information. Therefore, a circuit court erred when it refused to refund a $3.00 fee charged by a bailiff for potential juror information in a criminal case. Aikens v. State, 368 Ark. 641, 249 S.W.3d 788 (2007).
Indexing.
The circuit clerk was entitled to his fee for every record entry indexed. Trimble v. St. Louis & S.F. Ry., 56 Ark. 249, 19 S.W. 839 (1892) (decision under prior law).
Liability of County.
The county was liable to circuit clerk for the fee provided in this section for swearing and entering the regular panels of grand and petit jurors and for the fee in all criminal cases in which the county was chargeable with the costs for service in entering and swearing the jury in such case. Logan County v. Trimm, 57 Ark. 487, 22 S.W. 164 (1893) (decision under prior law). See McDonald v. Logan County, 55 Ark. 577, 18 S.W. 1047 (1892) (decision under prior law).
The circuit clerk was entitled to a fee for swearing jurors on their voir dire and witnesses to their attendance and, if the county was liable for the costs of the case, those fees were properly chargeable to it. Logan County v. Trimm, 57 Ark. 487, 22 S.W. 164 (1893) (decision under prior law).
While the county was liable for the clerk's fee for oaths administered to regular jurors, if a juror was called for a particular case, the oaths administered to him were chargeable to the case. Logan County v. Trimm, 57 Ark. 487, 22 S.W. 164 (1893) (decision under prior law).
When court ordered summons issued for jury commissioners, the clerk could charge the same to county as for summons. Logan County v. Trimm, 57 Ark. 487, 22 S.W. 164 (1893) (decision under prior law).
The circuit clerk was entitled to his fee for copies of order of court appointing jury commissioners, chargeable to the county. Logan County v. Trimm, 57 Ark. 487, 22 S.W. 164 (1893) (decision under prior law).
The clerk was entitled to a fee for entering every order with reference to the grand and petit juries, to be paid by the county. Logan County v. Trimm, 57 Ark. 487, 22 S.W. 164 (1893) (decision under prior law).
Summons.
In suit to foreclose and enforce lien for delinquent improvement taxes where clerk signed, sealed, and delivered to the sheriff numerous summonses, clerk and stenographer were each entitled to a fee for each summons, and the fact that they were printed made no difference. Sebastian Bridge Dist. v. Lynch, 200 Ark. 134, 138 S.W.2d 81 (1940) (decision under prior law).
Decree allowing fees of clerk and stenographer for summons which had been constructively served and disallowing fees for those personally served was unauthorized, since the fee was not dependent upon manner in which sheriff served the summons. Sebastian Bridge Dist. v. Lynch, 200 Ark. 134, 138 S.W.2d 81 (1940) (decision under prior law).
Transcripts.
Where the attorney in the case had the transcript typewritten, gave it to the clerk of court, who checked, corrected, and certified to it, this constituted making and preparing by the clerk within the meaning of this section. McCourtney v. Morrow, 216 Ark. 959, 229 S.W.2d 124 (1950).