SB30 Alabama 2019 Session

Under existing law, fees allowed by law in connection with proceedings before judges of probate are collected at the time the pleading is filed or at the termination of the suit. Under existing law, fees for transcripts of papers filed in the case are due upon performance of the service. The probate court may order that security deposits be deposited into the probate court to cover expected court costs.

Also under existing law, when a complaint is filed in a civil case in the circuit or district court, the plaintiff pays a docket fee. 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 provide for the waiver of fees in connection with proceedings before judges of probate upon the filing of a verified statement of substantial hardship and approval by the court.

This bill would specify that the pleading accompanying the statement of substantial hardship would 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 would have 30 days from the date of the written finding of the court to submit payment or the case would be dismissed.

To amend Sections 12-19-43 and 12-19-70 of the Code of Alabama 1975, to provide further for waiving the docket fee in a civil or probate case due to financial hardship of the filing party.