Wash. Rev. Code » Title 36 · Chapter 36.18
Revised Code of Washington

Wash. Rev. Code § 36.18.020 (2026)

Clerk's fees, surcharges

✓ current as of May 2026
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(1) Revenue collected under this section is subject to division with the state under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070, except as provided in subsections (5) and (6) of this section.
(2) Clerks of superior courts shall collect the following fees for their official services:
(a) In addition to any other fee required by law, the party filing the first or initial document in any civil action, including, but not limited to an action for restitution, adoption, or change of name, and any party filing a counterclaim, cross-claim, or third-party claim in any such civil action, shall pay, at the time the document is filed, a fee of $200 except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of $45, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee. The $45 filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.
(b) Any party, except a defendant in a criminal case, filing the first or initial document on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the document is filed, a fee of $200.
(c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of $200.
(d) For filing of a petition for an antiharassment protection order under RCW 7.105.100 a filing fee of $53.
(e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of $200.
(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first document therein, a fee of $200.
(g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of $200.
(h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, an adult defendant in a criminal case shall be liable for a fee of two hundred dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.01.160(3). Upon motion by the defendant, the court may waive or reduce any fee previously imposed under this subsection if the court finds that the defendant is indigent as defined in RCW 10.01.160(3).
(i) No fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.
(3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 7.105.115.
(4) No fee shall be collected when an abstract of judgment is filed by the county clerk of another county for the purposes of collection of legal financial obligations.
(5)(a) In addition to the fees required to be collected under this section, clerks of the superior courts must collect surcharges as provided in this subsection (5) of which 75 percent must be remitted to the state treasurer for deposit in the judicial stabilization trust account and 25 percent must be retained by the county.
(b) On filing fees required to be collected under subsection (2)(b) of this section, a surcharge of $30 must be collected.
(c) On all filing fees required to be collected under this section, except for fees required under subsection (2)(b), (d), and (h) of this section, a surcharge of $40 must be collected.
(6) On filing fees required to be collected under subsection (2)(a), (b), (c), (e), (f), and (g) of this section, a surcharge of $50 must be collected and $45 of such surcharge must be transmitted by the county treasurer to the state treasurer to be deposited in the following manner: $20 in the Washington state legacy project, state library, and archives account and $25 in the judicial stabilization trust account. The remaining funds must be retained by the county to be used for the county clerk's office operations, including administering the surcharge.
[ 2025 c 357 s 1; 2022 c 260 s 17. Prior: 2021 c 303 s 3; 2021 c 215 s 146; 2018 c 269 s 17; 2017 3rd sp.s. c 2 s 3; 2015 c 265 s 28; 2013 2nd sp.s. c 7 s 3; 2012 c 199 s 3; 2011 1st sp.s. c 44 s 5; prior: 2009 c 572 s 4; 2009 c 479 s 21; 2009 c 417 s 3; prior: 2005 c 457 s 19; 2005 c 374 s 5; 2000 c 9 s 1; 1999 c 42 s 635; 1996 c 211 s 2; prior: 1995 c 312 s 70; 1995 c 292 s 10; 1993 c 435 s 1; 1992 c 54 s 1; 1989 c 342 s 1; prior: 1987 c 382 s 3; 1987 c 202 s 201; 1987 c 56 s 3; prior: 1985 c 24 s 1; 1985 c 7 s 104; 1984 c 263 s 29; 1981 c 330 s 5; 1980 c 70 s 1; 1977 ex.s. c 107 s 1; 1975 c 30 s 1; 1973 c 16 s 1; 1973 c 38 s 1; prior: 1972 ex.s. c 57 s 5; 1972 ex.s. c 20 s 1; 1970 ex.s. c 32 s 1; 1967 c 26 s 9; 1963 c 4 s 36.18.020; prior: 1961 c 304 s 1; 1961 c 41 s 1; 1951 c 51 s 5; 1907 c 56 s 1, part, p 89; 1903 c 151 s 1, part, p 294; 1893 c 130 s 1, part, p 421; Code 1881 s 2086, part, p 355; 1869 p 364 s 1, part; 1863 p 391 s 1, part; 1861 p 34 s 1, part; 1854 p 368 s 1, part; RRS s 497, part.]

Notes:

Rules of court: Cf. RAP 14.3, 18.22.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Effective date—2021 c 303: See note following RCW 3.62.060.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Construction—2018 c 269: See note following RCW 10.82.090.
Effective date—2017 3rd sp.s. c 2: See note following RCW 3.62.060.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Effective date—2013 2nd sp.s. c 7: See note following RCW 3.62.060.
Effective date—2011 1st sp.s. c 44: See note following RCW 3.62.020.
Effective date—2009 c 572: See note following RCW 43.79.505.
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2005 c 457: See note following RCW 43.08.250.
Effective date—1999 c 42: See RCW 11.96A.902.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1992 c 54: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1992." [ 1992 c 54 s 7.]
Effective date—1989 c 342: See RCW 59.18.911.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1981 c 330: See note following RCW 3.62.060.
Effective date—1972 ex.s. c 20: "This act shall take effect July 1, 1972." [ 1972 ex.s. c 20 s 3.]
Effective date—1967 c 26: See note following RCW 43.70.150.
Notes of Decisions
Cited in 375 cases (47 in the last 5 years), 1975–2026 · leading case: State Of Washington, V Wyatt Taylor Seward, 384 P.3d 620 (Wash. Ct. App. 2016).
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State Of Washington, V Wyatt Taylor Seward, 384 P.3d 620 (Wash. Ct. App. 2016). · cites it 10× “035 (victim penalty assessment (VPA)), and RCW 36.18.020(2)(h) (filing fee) without first considering his current or likely future ability to pay violated his substantive due process rights, (2) the LFO collection process does not comply with the constitutional safeguards…”
State v. Ramirez, 426 P.3d 714 (Wash. 2018). · cites it 3× “House Bill 1783 also amends the criminal filing fee statute, former RCW 36.18.020(2)(h) (2015), to prohibit courts from imposing the $200 filing fee on indigent defendants.”
Emwright v. King Cnty., 637 P.2d 656 (Wash. 1981). · cites it 10× “In this case we are asked to decide whether CR 38(e) authorizes the refund of jury fee deposits following the 1975 amendment to RCW 36.18.020(5), which repealed the statutory authority for such refunds.”
State Of Washington v. Manuel Gonzales, 392 P.3d 1158 (Wash. Ct. App. 2017). · cites it 6× “¶10 RCW 36.18.020 provides in part: (2) Clerks of superior courts shall collect the following fees for their official services: (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance…”
State v. Catling, 438 P.3d 1174 (Wash. 2019). · cites it 3× “035(l)(a) ), $ 200 for criminal filing fee (per RCW 36.18.020(2)(h) ), and $ 100 DNA (deoxyribonucleic acid) collection fee (per RCW 43.”
State Of Washington, V. James Laron Ellis, 530 P.3d 1048 (Wash. Ct. App. 2023). “RCW 36.18.020(2)(h) now prohibits imposition of the criminal filing fee on a defendant who is indigent as defined in RCW 10.”
State Of Washington v. Darrell D. Classen, 422 P.3d 489 (Wash. Ct. App. 2018). “We point the trial court to recent amendments to RCW 36.18.020 providing that the $200 filing fee shall not be imposed on indigent defendants, and leave for the trial court the determination of whether Classen should be assessed the fee.”
State Of Washington, V William Edward Lundstrom, 429 P.3d 1116 (Wash. Ct. App. 2018). “The legislature recently amended former RCW 36.18.020(2)(h), and as of June 7, 2018, trial courts are prohibited from imposing the $200 criminal filing fee on defendants who are indigent at the time of sentencing.”
State of Washington v. Gary Lyle Stoddard, 366 P.3d 474 (Wash. Ct. App. 2016). “035, RCW 36.18.020(2)(h), and RCW 43.43-.7541 respectively mandate the fees regardless of the defendant’s ability to pay.”
State Of Washington v. Alan D. Jenks, 459 P.3d 389 (Wash. Ct. App. 2020). · cites it 3× “In 2018, the legislature amended (1) RCW 36.18.020(2)(h), which now prohibits imposition of the criminal filing fee on an defendant who is indigent as defined in RCW 10.”
State v. Lundy, 308 P.3d 755 (Wash. Ct. App. 2013). “52 in restitution Lundy owed is mandatory. Additionally, a $500 victim assessment is required by RCW 7.”
State v. Duncan, 374 P.3d 83 (Wash. 2016). “3d 755 (2013) (holding that the filing fee imposed by RCW 36.18.020(2)(h) is mandatory and courts have no discretion to consider the offender’s ability to pay).”
Show all 375 citing cases →
— Wash. Rev. Code § 36.18.020(12) — 2 cases
In Re the Est. of Crane, 548 P.2d 585 (Wash. Ct. App. 1976).
Margetan v. Superior Chair Craft Co., 963 P.2d 907 (Wash. Ct. App. 1998).
— Wash. Rev. Code § 36.18.020(2) — 8 cases
Margetan v. Superior Chair Craft Co., 963 P.2d 907 (Wash. Ct. App. 1998).
State Of Washington v. Geovanni Herrera-pelayo (Wash. Ct. App. 2016).
State Of Washington v. Valentin Delgado (Wash. Ct. App. 2018).
State of Washington v. Scott Howard Greger (Wash. Ct. App. 2017).
State of Washington v. Willice Albert Pendell III (Wash. Ct. App. 2018).
— Wash. Rev. Code § 36.18.020(2)(2017) — 1 case
State Of Washington v. Nicholas Adam Zylstra (Wash. Ct. App. 2018).
— Wash. Rev. Code § 36.18.020(2)(a) — 11 cases
Holt v. Gambill, 98 P.3d 1254 (Wash. Ct. App. 2004).
Holt v. Gambill, 123 Wash. App. 685 (Wash. Ct. App. 2004).
Ash v. Dep't of Labor & Indus., 294 P.3d 834 (Wash. Ct. App. 2013).
State Of Washington v. Valentin Delgado (Wash. Ct. App. 2018).
State Of Washington v. Joseph Daniel Head (Wash. Ct. App. 2018).
— Wash. Rev. Code § 36.18.020(2)(b) — 2 cases
State of Washington v. Ryan Andrew Barone (Wash. Ct. App. 2019).
City of Lakewood v. Cheng, 279 P.3d 914 (Wash. Ct. App. 2012).
— Wash. Rev. Code § 36.18.020(2)(c) — 5 cases
Lewis Cnty. v. W. Washington Growth Mgmt. Hearings Bd., 113 Wash. App. 142 (Wash. Ct. App. 2002).
Lewis Cnty. v. W. WA. GMHB, 53 P.3d 44 (Wash. Ct. App. 2002).
Holt v. Gambill, 98 P.3d 1254 (Wash. Ct. App. 2004).
Holt v. Gambill, 123 Wash. App. 685 (Wash. Ct. App. 2004).
Nat'l Parks Conservation Ass'n v. State Ecology (Wash. Ct. App. 2020).
— Wash. Rev. Code § 36.18.020(2)(h) — 320 cases
State Of Washington, V Wyatt Taylor Seward, 384 P.3d 620 (Wash. Ct. App. 2016). “035 (victim penalty assessment (VPA)), and RCW 36.18.020(2)(h) (filing fee) without first considering his current or likely future ability to pay violated his substantive due process rights, (2) the LFO collection process does not comply with the constitutional safeguards…”
State v. Ramirez, 426 P.3d 714 (Wash. 2018). “House Bill 1783 also amends the criminal filing fee statute, former RCW 36.18.020(2)(h) (2015), to prohibit courts from imposing the $200 filing fee on indigent defendants.”
State v. Catling, 438 P.3d 1174 (Wash. 2019). “035(l)(a) ), $ 200 for criminal filing fee (per RCW 36.18.020(2)(h) ), and $ 100 DNA (deoxyribonucleic acid) collection fee (per RCW 43.”
State Of Washington v. Manuel Gonzales, 392 P.3d 1158 (Wash. Ct. App. 2017). “¶10 RCW 36.18.020 provides in part: (2) Clerks of superior courts shall collect the following fees for their official services: (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance…”
State Of Washington, V. James Laron Ellis, 530 P.3d 1048 (Wash. Ct. App. 2023). “RCW 36.18.020(2)(h) now prohibits imposition of the criminal filing fee on a defendant who is indigent as defined in RCW 10.”
— Wash. Rev. Code § 36.18.020(2)(h)(2015) — 1 case
State Of Washington v. Douglas Joseph Moors (Wash. Ct. App. 2018).
— Wash. Rev. Code § 36.18.020(2Xh) — 1 case
State Of Washington v. Manuel Gonzales, 392 P.3d 1158 (Wash. Ct. App. 2017). “¶10 RCW 36.18.020 provides in part: (2) Clerks of superior courts shall collect the following fees for their official services: (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance…”
— Wash. Rev. Code § 36.18.020(5) — 2 cases
Emwright v. King Cnty., 637 P.2d 656 (Wash. 1981). “In this case we are asked to decide whether CR 38(e) authorizes the refund of jury fee deposits following the 1975 amendment to RCW 36.18.020(5), which repealed the statutory authority for such refunds.”
World Wide Imports, Inc. v. Bartel, 145 Cal. App. 3d 1006 (Cal. Ct. App. 1983).
— Wash. Rev. Code § 36.18.020(h) — 24 cases
State v. Ramirez, 426 P.3d 714 (Wash. 2018). “House Bill 1783 also amends the criminal filing fee statute, former RCW 36.18.020(2)(h) (2015), to prohibit courts from imposing the $200 filing fee on indigent defendants.”
State Of Washington v. Eric Santiago Romero Lemus (Wash. Ct. App. 2019).
State Of Washington v. Rhonda Mcintosh-Lind (Wash. Ct. App. 2020).
State Of Washington V. Stephen Vincent Vasquez, Jr. (Wash. Ct. App. 2025).
State Of Washington v. Richard Svaleson, Jr. (Wash. Ct. App. 2018).
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