Okla. Stat. tit. 28, § 31

Fees of court clerks

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Notwithstanding any other provision of law, the clerk of the district court, or the clerk of any other court of record, shall charge and collect the following fees for services by them respectively rendered and none others, except as otherwise provided by law: Approving bond or undertaking, including certificate and seal............................$3.00 Making copy of an instrument of record or on file, first page.............................$1.00 subsequent pages (each).........................$0.50 Certifying to any instrument (each)...............$0.50 Authentication of court records...................$5.00 Receiving and paying out money in pursuance of law or order of court...............1% provided, however, that such charge shall not exceed $300.00. Application, issuing, entering return and recording marriage license if the applicants submit a certificate that states the applicants have completed the premarital counseling program pursuant to Section 5.1 of Title 43 of the Oklahoma Statutes...............................$5.00 Application, issuing, entering return and recording marriage license if the applicants do not submit a certificate that states the applicants have completed the premarital counseling program pursuant to Section 5.1 of Title 43 of the Oklahoma Statutes....................$50.00 Conveyance of full-blood Indian heirs to interest in inherited lands, same to be accounted for as other fees.....................$5.00 Posting notice outside the courthouse............$10.00 Mailing, by any type of mail, writs, warrants, orders, process, command or notice for each person.........................$10.00, or

actual expense, whichever is greater, except ordinary mailing of first-class mail in probate cases, for each case...........$10.00, or actual expense, whichever is greater. For the actual cost of all postage in each case in excess of..............................$10.00, or actual expense, whichever is greater. For filing and indexing of disclaimers other than in pending probate or civil cases pursuant to the provisions of Section 751 et seq. of Title 60 of the Oklahoma Statutes...............................$5.00 Added by Laws 1967, c. 122, § 6, eff. April 27, 1967. Amended by Laws 1975, c. 293, § 1, eff. Oct. 1, 1975; Laws 1977, c. 207, § 4, eff. Oct. 1, 1977; Laws 1978, c. 212, § 8, eff. July 1, 1978; Laws 1979, c. 23, § 1, eff. July 1, 1979; Laws 1986, c. 242, § 1, emerg. eff. June 12, 1986; Laws 1987, c. 181, § 1, eff. July 1, 1987; Laws 1989, c. 205, § 5, eff. Nov. 1, 1989; Laws 1991, c. 111, § 1, eff. Sept. 1, 1991; Laws 1993, c. 292, § 10, eff. July 1, 1993; Laws 1997, c. 400, § 9, eff. July 1, 1997; Laws 1999, c. 174, § 3, eff. Nov. 1, 1999; Laws 2003, c. 440, § 3, eff. July 1, 2003; Laws 2004, c. 288, § 1, eff. Nov. 1, 2004.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1960–2021 · leading case: Bishop v. Smith

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Bishop v. Smith (2014) ca10 · cites it 4× “11 The authorities cited by Bishop I for its standing determination either impose responsibilities on court clerks with respect to issuing marriage licenses, see Okla. Stat. tit. 28, § 31 ; id. tit. 43, § 5, or examine the general relationship between court clerks and the…”

Reeves v. Agee (1989) okla · cites it 2× “A judgment did not then become a lien unless its certified copy was filed in the court clerk's office, the docketing fee was paid (28 O.S.Supp. 1975 § 31) and the critical data from the journal entry were entered upon the judgment docket.”

Wilson v. Jones (2005) ca10 “2004) (citing Okla. Stat. tit. 28, § 31 ). Despite the broad sweep of section 151(A) and the inclusion of copying costs in Title 28, when Mr.”

WAREHOUSE MARKET v. STATE ex rel. OKLAHOMA TAX COMM. (2021) okla · cites it 2× “23 Title 28 O.S. 2011 §31 provides in pertinent part: "[The court clerk shall charge for the ].”

Bishop v. United States ex rel. Holder (2014) oknd “See Okla. Stat. Ann. tit. 28, § 31 ; Okla. Stat.”

Naylor v. Petuskey Ex Rel. District Court of Oklahoma County (1992) okla “Charges for filing services performed by the various court clerk’s for persons other than litigants in a pending action are established in 28 O.S.1991, § 31. 6 . Title 28 O.S.1991, § 1 provides "(t)he officers and persons herein mentioned shall be entitled to receive for their…”

Gamble v. Calbone (2004) ca10 “at 1030; see also Okla. Stat. tit. 28, § 31 (listing the charge for “[mjaking [a] copy of an instrument of record or on file” as an example of a “fee” to be collected by the district court); Cumbey v.”

Bishop v. Oklahoma Ex Rel. Edmondson (2009) ca10 “See Okla. Stat. Ann. tit. 28, § 31 ; Okla. Stat.”

North Side State Bank v. Board of County Commissioners (1994) okla “28 O.S.1981 § 31. 48 . 19 O.S.1981 § 681.”

Jones v. Strain (1979) oklacivapp “This fee, which will be approximately $130, shall be taxed as costs to be paid by the defendant. A brief, final word on notice is necessary.”

Martin v. Martin (1960) okla “Costs are the certain and necessary expenses or fees incurred in prosecuting or defending an action which are required by 28 O.S.1951 § 31. Costs are allowed as incidental damages to indemnify a party pro tanto against the expense of successfully asserting his rights in court.”

State Ex Rel. Department of Highways v. Marshall (1975) okla · cites it 2× “Department of Highways, from an order and judgment of the District Court of Muskogee County, Oklahoma, requiring the Department to pay the “poundage fee” provided for in 28 O.S.1971, § 31 (1% with a $200 limit) and court costs after eminent domain proceedings in that court in…”

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