SB36 Alabama 2018 Session

Under existing law, when a complaint is filed in a civil case in the circuit or district court, the plaintiff pays a docket fee. Under existing law, if the court finds that payment of the docket fee would constitute a financial hardship, the court may waive the docket fee initially and tax it as costs at the conclusion of the case. Under existing law, for the docket fee to be waived, a verified statement of substantial hardship must be filed with the clerk of court and approved by the court

This bill would specify that the pleading accompanying the statement of substantial hardship shall be considered filed on the date the statement of substantial hardship is filed with the court

This bill would also specify that if the court finds that no hardship exists, the party shall have 30 days to submit payment or the case will be dismissed

To amend Section 12-19-70 of the Code of Alabama 1975, to provide further for waiving the docket fee in a civil case due to financial hardship of the filing party.