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Tuesday, April 14, 2015

NJ Court filing Fess – ADDITIONAL CLARIFICATION OF CERTAIN RULE 1:43 FEES; PUBLICATION OF FURTHER UPDATED COMPLETE JUDICIARY FEE SCHEDULE

NJ Court filing Fess – ADDITIONAL CLARIFICATION OF CERTAIN RULE 1:43 FEES; PUBLICATION OF FURTHER UPDATED COMPLETE JUDICIARY FEE SCHEDULE 
Rule 1:43 ("Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7"), sets out the schedule of those filing fees and other fees payable to the court that were revised or established as authorized by N.J.S.A. 2B:1-7 (L. 2014, c. 31, § 12), effective November 17, 2014. A December 23, 2014 Notice to the Bar set out, in question and answer format, four specific clarifications as to certain of those fees; that notice also published a full schedule of all court fees. 
This Notice provides five additional clarifications, again in question and answer format. The four clarifications in the prior notice remain applicable. As with the previous notice, the intention in providing this information is to minimize the number of documents submitted with an incorrect fee requiring return and resubmission under Rule 1:5-6(c). 
This Notice also includes a further updated schedule of all court fees, including those not revised by Rule 1:43. This schedule of court fees supersedes the one published with the December 23, 2014 notice. 
The five additional clarifications are as follows:
Question 1: What is the fee for an Answer to a Cross-claim, Answer to a Counterclaim, or Answer to a Third-Party Complaint in the Superior Court?
Answer: Since these Answers are made in response to a new cause of action, there is a fee for filing the responsive pleading to those actions. The fee for each of these document types is $175.00. 
Question 2: What is the fee for an Order to Show Cause with a Verified Complaint?
Answer: The fee is $300.00. Of this, $250 is allocated to the Complaint and $50 is allocated to the Order to Show Cause. In cases, where the complaint has been filed, there is a $50 fee for filing an Order to Show Cause. 
Question 3: What is the fee to file a Warrant of Satisfaction?
Answer: The fee associated with a Warrant of Satisfaction depends upon whether there is a docketed judgment associated with the matter. The fee to file a Warrant of Satisfaction on a case without a docketed judgment is $35.00. The fee to file a Warrant of Satisfaction on a case that has a docketed judgment is $50.00.
Question 4: What is the appropriate fee for a counterclaim, cross claim, claim for contribution, or third party complaint?
Answer: Since these actions institute a new claim against one or more parties, for fee purposes they are treated similarly to complaints. The fee for counterclaims, cross claims, claims for contribution, or third party complaints is $250 if submitted as an independent, responsive pleading in Civil or in General Equity (including Foreclosure). When an answer has been filed and the filing party subsequently seeks to file a counterclaim, cross claim, claim for contribution, or third party complaint in Civil or in General Equity, the filing fee is an additional $75, which represents the differential between the already-paid answer fee of $175 and the initial pleading fee of $250. In Special Civil Part (Small Claims section only), the filing fee for a counterclaim is $30.
Question 5: Where do judgment creditors submit applications for wage executions?
Answer: For a docketed judgment filed on a Law Division Civil Part, Chancery Division Family Part, or Chancery Division General Equity matter, the wage application is to be submitted to the vicinage. For a docketed judgment filed on a Special Civil Part matter, the wage application is to be submitted to the Judgment Processing Services Unit of the Superior Court Clerk's Office.
For questions or concerns regarding this notice, please contact Michelle M. Smith, Clerk of the Superior Court, by telephone at 609-421-6100 or by email at michelle.smith@judiciary.state.nj.us.
Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: February 20, 2015
New Jersey Court Filing Fees
(Schedule Updated as of February 20, 2015)
All Courts
Affixing the seal of the court to any document (N.J.S.A. 22A:2-20; Rule 1:43)$10.00
Certified Copy (N.J.S.A. 22A:2-19; Rule 1:43)$15.00
Copies, Letter Size, per page (N.J.S.A. 47:1A-5(b))$0.05
Copies, Legal Size, per page (N.J.S.A. 47:1A-5(b))$0.07
Exemplification (N.J.S.A. 22A:2-20; Rule 1:43)$50.00
Triple Exemplification (N.J.S.A. 22A:2-20; Rule 1:43)$60.00
Non-Party Notice of Appearance (N.J.S.A. 22A:2-37.1; Rule 1:43)
Civil Part and Superior Court Clerk's Office$50.00
Special Civil Part$30.00
Family- Dissolution and Non-Dissolution (effective 1/16/15) $50.00
Notice of Appeal (Trial Court Copy) (N.J.S.A. 22A:2-20; Rule 1:43)$10.00
Signing and Issuing Subpoena (Trial Courts) (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Subpoena with Seal of the Court (Trial Courts) (N.J.S.A. 22A:2-7; Rule 1:43)$60.00
Recording Instruments not otherwise provided for (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Substitutions of Attorney
Civil Part and Superior Court Clerk's Office$35.00
Special Civil Part (effective 1/16/15)$35.00
Family- Dissolution and Non-Dissolution (effective 1/16/15) $35.00
Filing by a State of New Jersey Agency (N.J.S.A. 22A:2-22)No Fee
Supreme Court 
Notice of appeal, notice of cross-appeal, notice of petition for certification, notice $250.00
of cross-petition for certification, notice of petition 
for review (N.J.S.A. 22A:2-1; Rule 1:43)
First paper in any motion, petition or application (including an order) not $50.00
in a pending cause or after judgment is entered (N.J.S.A. 22A:2-1; Rule 1:43)
Deposit for costs (Rule 2:12-5; Rule 2:5-2)$300.00
Superior Court, Appellate Division
Notice of appeal, notice of cross-appeal$250.00
(N.J.S.A. 22A:2-1; N.J.S.A. 22A:2-5; Rule 1:43)
First paper in any motion, petition or application (including an order) not $50.00
in a pending cause or after judgment is entered 
(N.J.S.A. 22A:2-1; N.J.S.A. 22A:2-5; Rule 1:43)
Deposit for costs (Rule 2:5-2)$300.00
Superior Court, Clerk's Office
Recording Money Judgment as a Lien in the Civil Judgment and $35.00
Order Docket (N.J.S.A. 22A:2-7; Rule 1:43)
Recording of Foreign Judgment (N.J.S.A. 22A:2-29; Rule 1:43)$35.00
Satisfaction of Judgment or other lien (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Recording assignment, subordination, cancellation, postponement, or $35.00
release of judgment (N.J.S.A. 22A:2-7; Rule 1:43)
Judgment by Confession (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Transcript of Judgment (N.J.S.A. 22A:2-29; Rule 1:43)$35.00
Issuing or recording executions (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Issuing or recording any other documents (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Recognizance of civil bail (N.J.S.A. 22A:2-7)$5.00
Filing all papers related to civil bail (N.J.S.A. 22A:2-7; Rule 1:43)$30.00
Certificate by the Clerk with Seal of Court (N.J.S.A. 22A:2-20; Rule 1:43)$10.00
Document with Certification (N.J.S.A. 22A:2-19; Rule 1:43)$15.00
Certified Document with Seal of Court (N.J.S.A. 22A:2-19; Rule 1:43)$25.00
Superior Court, Probation Division
Probation Out-of-State Supervision Monthly Fee (Rule 1:43)$25.00
Superior Court, Chancery Division, Family Part
Complaint (first paper) in divorce actions or actions for dissolution $300.00
of a civil union or domestic partnership (N.J.S.A. 22A:2-12; Rule 1:43)
Parent Education Registration (N.J.S.A. 2A:34-12.2)$25.00
First Responsive Pleading (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$175.00
Motion (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$50.00
Order to Show Cause (Dissolution) (N.J.S.A. 22A:2-12; Rule 1:43)$50.00
Motion or Order to Show Cause (Non-Dissolution)No Fee
Post-disposition Application (Non-Dissolution) (Rule 1:43)$25.00
Writ of Execution (N.J.S.A. 22A:2-7)$5.00
Warrant of Satisfaction (N.J.S.A. 22A:2-7)$5.00
Application for Child Support Services (45 CFR 303.2 and N.J.A.C. 10:110-7.1)$6.00
Superior Court, Chancery Division, General Equity
Complaint (first paper) in all actions and $250.00
proceedings (N.J.S.A. 22A:2-12 and -13; Rule 1:43)
Receivership and partition (N.J.S.A. 22A:2-12; Rule 1:43)$250.00
Answer, Notice of Appearance (first paper) (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$175.00
Cross Claim, Counterclaim, or Third Party Complaint (Rule 1:43)$75.00
Amended Answer Containing New Relief (Rule 1:43)$75.00
Motion (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$50.00
Order to Show Cause (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$50.00
Writ (Rule 1:43)$50.00
Assignment (N.J.S.A. 22A:2-12 and -13; Rule 1:43)$35.00
Warrant of Satisfaction (N.J.S.A. 22A:2-20; Rule 1:43)$50.00
Clerk's Certificate of Master's Appointment (N.J.S.A. 22A:2-20; Rule 1:43)$5.00
All other papers and services (minimum) (N.J.S.A. 22A:2-20; Rule 1:43)$35.00
Superior Court, Law Division, Criminal Part
Expungement Application (N.J.S.A. 2C:52-29; 2-25; Rule 1:43)$75.00
Permit to Carry Handgun (N.J.S.A. 2C:58-4; Rule 1:43)$50.00
Municipal Court Appeal (N.J.S.A. 22A: 2-27; Rule 1:43)$100.00
Appeal of denial of permit to purchase handgun or$50.00 
firearms purchaser ID Card (Rule 1:43)
Pretrial Intervention (PTI) Application (N.J.S.A. 2C:43-12g and -13)$75.00
Conditional Discharge (CD) Application (Municipal and Criminal) (N.J.S.A. 2C:36A-1d)$75.00
Conditional Dismissal Application (Municipal and Criminal) (N.J.S.A. 2C:36A-1d)$75.00
Bail, Application to Post or Discharge (N.J.S.A. 22A: 2-29; Rule 1:43)$50.00
Superior Court, Law Division, Civil Part
Complaint (first paper by plaintiff), including in Multicounty$250.00
litigation (N.J.S.A. 22A:2-6; Rule 1:43)
Complaint Contesting Election (N.J.S.A. 19:29-2; Rule 1:43)$250.00
Appeal to Law Division (Civil Part) from Inferior Court or $250.00
Tribunal (N.J.S.A. 22A:2-27; Rule 1:43) 
Answer or First paper of any person other than the plaintiff, $175.00
Motion (first paper), including in Multicounty 
Litigation (N.J.S.A. 22A:2-6; Rule 1:43)
Cross Claim, Counterclaim, Claim of Contribution or Third Party $75.00
Complaint (N.J.S.A. 22A:2-6; Rule 1:43)
Amended Answer or Amended Complaint Containing New Relief (Rule 1:43)$75.00
Transfer Case from Superior Court (Civil Part only) to Special Civil Part (Rule 6:4-1(f)$15.00
Motion, including in Multicounty litigation (N.J.S.A. 22A:2-6; Rule 1:43)$50.00
Petition in a Pending Action (Rule 1:43)$50.00
Order to Show Cause (N.J.S.A. 22A:2-6; Rule 1:43)$50.00
First paper in any motion, petition or application not in a pending action $50.00
or proceeding or if made after dismissal or 
judgment entered (N.J.S.A. 22A:2-7; Rule 1:43)
Petition for Discovery not in a Pending Action (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Withdrawal of money deposited in court (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Security Deposit for Cost (per Defendant or as Order Reads) $200.00
Judgment on bond and warrant (in lieu of the fee required by Section 22A:2-6)$15.00
Restoration fee for failure to make discovery (Rule 4:23-5)
Within 30 days of entry of order of dismissal$100.00
Beyond 30 days of entry of order of dismissal$300.00
Notice of Application for Wage Execution (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Writ (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Assignment of Judgment (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Warrant to Satisfy Judgment (N.J.S.A. 22A:2-7; Rule 1:43)$50.00
Warrant for Arrest (N.J.S.A. 22A:2-7; Rule 1:43)$35.00
Trial De Novo (N.J.S.A. 2A:23A-27; Rule 4:21A-6(c))$200.00
Superior Court, Law Division, Special Civil Part
Complaint, small claim (N.J.S.A. 22A:2-37.1; Rule 1:43)
One defendant$35.00
Each additional defendant$5.00
Counterclaim, small claim (Rule 1:43)$30.00
Complaint, tenancy (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
One defendant$50.00
Each additional defendant$5.00
Complaint/initial pleading containing counterclaim, cross-claim or 
third-party complaint in DC actions: (N.J.S.A. 22A:2-37.1; Rule 1:43)
-Where the amount exceeds the small claims monetary limit
One defendant$75.00
Each additional defendant$5.00
-Where the amount does not exceed the small claims monetary limit
One defendant$50.00
Each additional defendant$5.00
Appearance or answer to DC complaint or third party $30.00
complaint (N.J.S.A. 22A:2-37.1; Rule 1:43)
Service of process, summons by mail (N.J.S.A. 22A:2-37.1)
Each defendant$7.00
At place of business or employment with postal instructions to deliver to $7.00
addressee only, additional fee 
Reservice of summons by mail, Each defendant(N.J.S.A. 22A:2-37.1)$7.00
Reservice of summons or other original process by 
court officer (plus mileage) (N.J.S.A. 22A:2-37.1)
One defendant$3.00
Each additional defendant$5.00
Substituted service of process on NJ Motor Vehicle Commission(N.J.S.A. 22A:2-37.1)$10.00
Plus postage$7.00
Warrant of removal (plus mileage) (N.J.S.A. 22A:2-37.1, Rule 1:43)$35.00
Warrant for arrest, commitment or writ of capias ad respondendum, $35.00
each defendant (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Wage execution (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)$35.00
Writ of execution or an order in the nature of $35.00
execution (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Wage execution by mail to a federal agency, additional fee (N.J.S.A. 22A:2-37.2)$7.00
Writ of replevin or attachment issued subsequent to $35.00
summons (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Writ of attachment and making inventory $35.00
(plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43)
Writ of possession (N.J.S.A. 22A:2-37.1; Rule 1:43)$35.00
Writ and summons in replevin, taking bond and any $35.00
inventory (plus mileage) (N.J.S.A. 22A:2-37.1; Rule 1:43) 
Each additional defendant$5.00
Serving order for possession in replevin (N.J.S.A. 22A:2-37.1)$4.00
Advertising property under execution or any order (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00
Selling property under execution or any order (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00
On every dollar collected on execution, writ of attachment, or any order $0.10
(commission to the Court Officer -- not paid to the court)
Jury of six persons (DC or Small Claim) (N.J.S.A. 22A:2-37.1; Rule 1:43)$100.00
Motion or Order to Show Cause (DC) (N.J.S.A. 22A:2-37.1; Rule 1:43)$25.00
Exemplified copy of judgment (N.J.S.A. 22A:2-37.1; Rule 1:43)$50.00
Restoration fee for failure to make discovery (Rule 6:4-6)
Within 30 days of entry of order of dismissal$25.00
Beyond 30 days of entry of order of dismissal$75.00
Assignment of judgment (not an allowable taxed cost) (Rule 1:43)$35.00
Warrant to Satisfy with docketed judgment (not an allowable taxed cost) (Rule 1:43)$50.00
Warrant to Satisfy without docketed judgment (not an allowable taxed cost) (Rule 1:43)$35.00
Tax Court
Non-Small Claims/Regular Local Property and State Taxes
Complaint for one parcel/condo or one state tax type$250.00
(N.J.S.A. 22A:5-1(a); Rule 8:12; Rule 1:43) 
Counterclaim for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$250.00
Each additional parcel/condo or state tax type for complaint (Rule 8:12; Rule 1:43)$50.00
Each additional parcel/condo or state tax type for counterclaim (Rule 8:12; Rule 1:43)$50.00
Small Claims Local Property and State Taxes
Complaint for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$50.00
Complaint, where the sole issue is eligibility for homestead credit, No Fee
rebate or refund, or for a senior citizen's or veteran's
exemption or deduction (Rule 8:12)
Counterclaim for one parcel/condo or one state tax type (Rule 8:12; Rule 1:43)$50.00
Each additional parcel/condo or state tax for complaint (Rule 8:12; Rule 1:43)$10.00
Each additional parcel/condo or state tax type for counterclaim (Rule 8:12; Rule 1:43) $10.00
Motion -- Local Property and State Taxes
Motion for non-small claims (Rule 8:12; Rule 1:43)$50.00
Motion for small claims No Fee

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