SB30 Alabama 2019 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2019

Title

Court costs, docket fee, waiver for substantial hardship, verified statement required, time period to pay up denial of hardship petition, Secs. 12-19-43, 12-19-70 am'd.

Summary

SB 30 lets a civil filer in Alabama get the docket fee waived or deferred if they have substantial financial hardship, with a formal process to verify hardship.

What This Bill Does

The bill amends the docket fee rules to allow waiving the filing fee if the filer cannot pay without substantial hardship, based on income guidelines. A verified hardship statement must be filed, and the filing date is the hardship filing date. If within 90 days the court finds the filer has resources to pay, they must pay within 30 days or the case can be dismissed, and proceedings are stayed until payment. If the court does not find resources within 90 days, the hardship is deemed granted, and the filer must notify the clerk; the pleading remains filed. The clerk provides a form notice and, if hardship is granted, the clerk must docket the pleadings.

Who It Affects

• Civil filing parties (plaintiffs) in circuit or district court who may face the docket fee; they may have the fee waived or deferred if they demonstrate substantial hardship.
• Clerks of the court and the court staff; they process hardship affidavits, provide notice forms, enforce deadlines, stay proceedings, and docket pleadings when hardship is granted.

Key Provisions

• Establishes a consolidated docket fee for civil filings in circuit or district court and provides for its waiver based on substantial hardship.
• Requires a verified statement of hardship, signed by the plaintiff and approved by the court, with filing date treated as the date of the hardship filing.
• If 90 days pass and the court finds the party cannot demonstrate hardship, the hardship is deemed granted; otherwise, if resources are found, the party has 30 days to pay or the case is dismissed for lack of jurisdiction and proceedings are stayed until payment.
• If hardship is granted, the party must notify the clerk, and the clerk must provide a notice form; the clerk may docket the pleading upon receiving such notice.
• The act takes effect immediately after passage and governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court Costs