SB 36

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.

Section 1

Section 12-19-70 of the Code of Alabama 1975, is amended to read as follows:

§12-19-70.

(a) There shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed in circuit court or in district court.

(b) The docket fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship pursuant to subdivision (4) of subsection (a) and subsection (b) of Section 15-12-1. A verified statement of substantial hardship, signed by the plaintiff and approved by the court party claiming hardship, shall be filed with the clerk of court. The accompanying pleading shall be considered filed on the date that the verified statement of substantial hardship is filed with the court. If the court makes a written finding that the party claiming hardship has the resources to pay the docket fee without substantial hardship, the party shall have 30 days to submit payment of the docket fee or the case shall be dismissed for lack of jurisdiction. Until such time as the plaintiff pays the docket fee, the court shall stay the proceedings and the summons or other process for service shall not issue."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.