|
In the State of Nebraska |
| SUPREME COURT and COURT OF APPEALS | ||||
| APPEALS | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Docket fee | 33-103 | 50.00 | |
| Legal services fee | 33-107.01 | 5.00 | 55.00 | |
| DISTRICT COURTS | ||||
| CRIMINAL | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Docket fee | 33-106 | 35.00 | |
| 33-106.02 | 5.00 | |||
| Judges retirement fee | 24-703 | 1.00 | ||
| Law enforcement improvement fund | 81-1429 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | ||
| Complete record fee | 33-106 | 15.00 | 63.00 | |
| 2. | Criminal appeal from County Court | 33-106 | 25.00 | |
| Judges retirement fee | 24-703 | 1.00 | ||
| Law enforcement improvement fund | 81-1429 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 33.00 | |
| CIVIL | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Docket fee | 33-106 | 35.00 | |
| 33-106.02 | 5.00 | |||
| Judges retirement fee | 24-703 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | ||
| Complete record fee | 33-106 | 15.00 | 61.00 | |
| 2. | Civil appeal from County Court | 33-106 | 35.00 | |
| and administrative agencies | 33-106.02 | 5.00 | ||
| Judges retirement fee | 24-703 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | ||
| Complete record fee | 33-106 | 15.00 | 61.00 | |
| 3. | Dissolution of marriage fee | 33-106.03 | 25.00 | |
| (In addition to civil docket fee) | ||||
| 4. | Domestic Relations (each proceeding to modify a decree of dissolution or annulment of marriage, a modification of an award of child support, or a modification of child custody or visitation.) | |||
| Legal services fee | 33-107.02 | 15.00 | ||
| (County Attorney or authorized attorney shall not be required to pay legal services fee on modification of Title IV-D cases.) | ||||
| 5. | Transcript of judgment from another court for obtaining lien | 33-106 | 25.00 | |
| Judges retirement fee | 24-703 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 31.00 | |
| 6. | Miscellaneous | |||
| Execution | 25-1032.02 | 5.00 | ||
| Restitution | 25-1032.02 | 5.00 | ||
| Garnishment | 25-1032.02 | 5.00 | ||
| Attachment | 25-1032.02 | 5.00 | ||
| Examination in aid of execution | 25-1032.02 | 5.00 | ||
| PROTECTION ORDERS | ||||
| Docket
fee (Fees to cover costs associated with filing of a petition for protection order or service of a protection order shall not be charged, except the court may assess such fees if the court finds that the statements contained in the petition were false and that the protection order was sought in bad faith.) |
42-924.01 &
28-311.09(5) |
No fee | ||
| WORKERS' COMPENSATION CASES | ||||
| Registration of Workers' Compensation Judgment | 48-188 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 7.00 | |
| UNEMPLOYMENT COMPENSATION APPEALS BY INDIVIDUALS | ||||
| No filing fees shall be charged by an appeal tribunal or by the clerk of any court for any service required by sections 48-634 to 46-640. | 48-641 | No fees | ||
| APPEAL TO COURT OF APPEALS OR
SUPREME COURT |
||||
| Cost bond
for any appeal from district court other than one pursuant to 71-6904. No cost bond if supersedeas bond is executed. |
25-1914 |
75.00 |
||
| COUNTY COURTS | ||||
| CRIMINAL AND TRAFFIC | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Criminal and Traffic docket fee | 33-124 | 18.00 | |
| Judges retirement fee | 24-703 | 1.00 | ||
| Law enforcement improvement fund | 81-1429 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 26.00 | |
| 2. | Writ of habeas corpus | 29-2824 | 5.00 | |
| Judges retirement fee | 24-703 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 11.00 | |
| JUVENILE | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Juvenile docket fee | 33-124 | 18.00 | |
| Judges retirement fee | 24-703 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 24.00 | |
| CIVIL (Jurisdictional limit $45,000) If amount in controversy is greater than jurisdictional amount, the court shall, upon request of any party, certify the proceedings to district court. See section 24-517. |
||||
| Category | NRS Reference | Fee | Total | |
| 1. | Civil docket fee | 33-123 | 18.00 | |
| Judges retirement fee | 24-703 | 1.00 | 19.00 | |
| (No legal services fee) | ||||
| 2. | Foreign judgment or transfer of judgment from any court in state. | 33-123 | 15.00 | |
| Judges retirement fee | 24-703 | 1.00 | 16.00 | |
| 3. | Execution | 33-123 | 5.00 | |
| 4. | Restitution | 33-123 | 5.00 | |
| 5. | Garnishment | 33-123 | 5.00 | |
| 6. | Examination in aid of execution | 33-123 | 5.00 | |
| 7. | Condemnation - Appointment of appraisers | 33-126.05 | 15.00 | |
| Plus, for each additional parcel of land if more than one | 33-126.05 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | ||
| ADOPTION | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Adoption filing fee | 33-126.04 | 5.00 | |
| Judges retirement fee | 24-703 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | ||
| Affixing seal | 33-126.05 | 1.00 | ||
| Fees to Bureau of Vital Statistics for foreign or Nebraska born child | 71-612 | 7.00 | ||
| 71-627 | 7.00 | |||
| Each certificate furnished | 71-627 | 1.00 | ||
| SMALL CLAIMS (Jurisdiction limit of $2,400 or less) | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Small claims docket fee | 25-2804(2) | 5.00 | |
| Judges retirement fee | 24-703 | 1.00 | 6.00 | |
| (No legal services fee) | ||||
| Small claims transfer to regular civil | 25-2805 | 13.00 | 13.00 | |
| Cost bond for Appeal | 25-2729(4)(b) | 50.00 | ||
| GUARDIANSHIP AND CONSERVATORSHIP | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Guardianship filing fee | 33-126.02 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee (one per case) | 33-107.01 | 5.00 | 27.00 | |
| (Per petition regardless of number of wards) | ||||
| 2. | Conservatorship filing fee | 33-126.02 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee (one per case) | 33-107.01 | 5.00 | 27.00 | |
| (Per petition regardless of number of wards) | ||||
| 3. | Consolidated Petition for both Guardianship and Conservatorship | 33-126.02 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee (one per case) | 33-107.01 | 5.00 | 27.00 | |
| (Per petition regardless of number of wards) | ||||
| 4. | Successor or Temporary Guardian or Conservator | 33-126.02 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | 22.00 | |
| 5. | Protective Order in Absence of Guardian or Conservator | 33-126.02 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 27.00 | |
| 6. | Custodial Uniform Gift to Minors | 33-126.02 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 27.00 | |
| 7. | Filing and recording each report | 33-126.02 | 5.00 | |
| 8. | Certificate involving real estate | 33-126.05 | 1.00 | |
| PROBATE | ||||
| Category | NRS Reference | Fee | Total | |
| INFORMAL | ||||
| 1. | Informal probate proceeding commenced and closed informally | 33-125(1) | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee (one per case) | 33-107.01 | 5.00 | 27.00 | |
| 2. | Each petition or application filed within an informal probate proceeding | 33-125(1) | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | 22.00 | |
| 3. | Any proceeding where no specific fee set | 33-125(1) | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | 22.00 | |
| FORMAL | ||||
| 4. | Formal Probate proceeding commenced or closed formally | 33-125(2) | See Schedule | |
| (Only one court Legal services fee per case) | ||||
|
(24-703) |
(33-107.01) |
||||
|
Value |
And
Not |
J.
R. |
Legal |
||
|
Exceeds |
More
than |
Fee |
(10%) |
Service |
Total |
| 0 | 1,000 | 20.00 | 2.00 | 5.00 | 27.00 |
| 1,000 | 2,000 | 30.00 | 3.00 | 5.00 | 38.00 |
| 2,000 | 5,000 | 50.00 | 5.00 | 5.00 | 60.00 |
| 5,000 | 10,000 | 70.00 | 7.00 | 5.00 | 82.00 |
| 10,000 | 25,000 | 80.00 | 8.00 | 5.00 | 93.00 |
| 25,000 | 50,000 | 100.00 | 10.00 | 5.00 | 115.00 |
| 50,000 | 75,000 | 120.00 | 12.00 | 5.00 | 137.00 |
| 75,000 | 100,000 | 160.00 | 16.00 | 5.00 | 181.00 |
| 100,000 | 125,000 | 220.00 | 22.00 | 5.00 | 247.00 |
| 125,000 | 150,000 | 250.00 | 25.00 | 5.00 | 280.00 |
| 150,000 | 175,000 | 270.00 | 27.00 | 5.00 | 302.00 |
| 175,000 | 200,000 | 300.00 | 30.00 | 5.00 | 335.00 |
| 200,000 | 300,000 | 350.00 | 35.00 | 5.00 | 390.00 |
| 300,000 | 400,000 | 400.00 | 40.00 | 5.00 | 445.00 |
| 400,000 | 500,000 | 500.00 | 50.00 | 5.00 | 555.00 |
| 500,000 | 750,000 | 600.00 | 60.00 | 5.00 | 665.00 |
| 750,000 | 1,000,000 | 700.00 | 70.00 | 5.00 | 775.00 |
| 1,000,000 | 2,500,000 | 800.00 | 80.00 | 5.00 | 885.00 |
| 2,500,000 | 5,000,000 | 1,000.00 | 100.00 | 5.00 | 1,105.00 |
| 5,000,000 | and over | 1,500.00 | 150.00 | 5.00 | 1,655.00 |
| INHERITANCE TAX | ||||
| Category | NRS Reference | Fee | Total | |
| 5. | Determination of tax only | 33-126.03 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee (one per case) | 33-107.01 | 5.00 | 27.00 | |
| 6. | Determination of tax within informal probate proceeding | 33-126.03 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | 22.00 | |
| 7. | Determination of tax within formal probate proceeding | 33-126.03 | No fee | |
| 8. | Determination of tax within a petition of intestacy and heirs without appointment of administrator | 33-126.03 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | 22.00 | |
| 9. | Deposit of will for safekeeping | 33-126.05 | 2.00 | |
| 10. | Dismissal of petition when no appointment or order made | 33-125(2) | 10.00 | |
| 11. | Certificate involving real estate | 33-126.05 | 1.00 | |
| TRUSTS | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Registration of any trust | 33-126.06 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 27.00 | |
| 2. | Appointment of successor trustee | 33-126.06 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 27.00 | |
| 3. | Each proceeding initiated concerning administration, distribution, declaration of rights and other matters involving trusts and beneficiaries | 33-126.06 | 20.00 | |
| Judges retirement fee | 24-703 | 2.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 27.00 | |
| 4. | For filing and recording each report | 33-126.06 | 5.00 | |
| HANDGUN | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Handgun denial of certificate | 69-2406 | 10.00 | |
| Judges retirement fee | 24-703 | 1.00 | ||
| Legal services fee | 33-107.01 | 5.00 | 16.00 | |
| MISCELLANEOUS - COUNTY COURT | ||||
| Category | NRS Reference | Fee | Total | |
| 1. | Use of credit card | 33-126.05 | 3.00 | |
| 2. | Executing certificate and affixing seal | 33-126.05 | 1.00 | |
| 3. | Authenticated certificate (three seal) | 33-126.05 | 3.00 | |
| 4. | Bill of Exceptions | 25-1140.09 | ||
| Original - Per page | 2.75 | |||
| Copy - Per page | .50 | |||
| 5. | Photocopies - Per page | 33-126.05 | .25 | |
| 6. | Temporary restraining order | 33-126.05 | 5.00 | |
|
| ||||
| Category | NRS Reference | Fee | Total | |
| JUROR (Paid by County) | ||||
| 1. | Juror fee - per diem | 33-138 | 35.00 | |
| Mileage | 33-138
& 81-1176 |
.365 | ||
| WITNESS FEES | ||||
| 1. | Witness fees: | |||
| Civil, Criminal, Probate, Juvenile | 33-139 | 20.00 | ||
| Small Claims | 33-139 | 8.00 | ||
| Inheritance tax hearings | 77-2024 | 10.00 | ||
| Mileage | 33-139
& 81-1176 |
.365 | ||
| PROBATION SERVICE FEE | ||||
| 1. | Drug testing - per month | 29-2259.01 | 3.00 - 9.00 | |
| 2. | Electronic surveillance - per day | 29-2259.01 | 3.00 - 9.00 | |
| 3. | Automated assessment instruments | 29-2259.01 | 10.00 | |
| FAX | ||||
| 1. | First page | (NSC rule 27) | 3.00 | |
| Additional pages - per page | (NSC rule 27) | 1.00 | ||
| Use of credit card | 33-126.05 | 3.00 | ||
| 10% APPEARANCE BOND | ||||
| 1. | 10% Appearance bond | 29-901 | 10% of deposit | |
| Defendant deposits 10% of bond amount and court retains 10% of deposit as appearance bond costs. County Court, pays the 10% fee to state general fund as costs. District court, pays the 10% fee to the county. If charges are dropped prior to appearance of the defendant, the entire deposit is returned to the defendant. | ||||
| PARENTAL NOTIFICATION | ||||
| 1. | Parental notification | 71-6905 | No fee | |
| JUDGMENT INTEREST RATES | ||||
| See Sections 45-103 and 45-104.01. | ||||
| Prior to 7/5/72 the rate was 6%. | ||||
| From 7/6/72 to 3/18/80 the rate was 8%. | ||||
| From 3/19/80 to 8/29/81 the rate was 12%. | ||||
| From 8/30/81 to 12/31/86 the rate was 14%. | ||||
| From 1/1/87 to present, variable rate from quarter to quarter as provided in 45-103. | ||||
| CHILD SUPPORT INTEREST RATES | ||||
| See Sections 42-358.02, 45-104.01 and 45-103 | ||||
| Prior to 7/5/72 the rate was 6%. | ||||
| From 7/6/72 to 8/23/75 the rate was 8%. | ||||
| From 8/24/75 to 8/30/81 the rate was 9%. | ||||
| From 8/31/81 to 9/5/91 the rate was 14%. | ||||
| From 9/6/91 to present, variable rate from month to month and now quarter to quarter as provided in 45-103. | ||||
| On 9/6/91, the interest rate on delinquent cases remained at the rate of the last order or decree in the case. (Welch vs. Welch , 246 Neb. 435). (Prior to Welch vs. Welch it was erroneously directed that on 9/6/91 the interest rate on all delinquent cases changed to 6.68%.) | ||||
| The Interest Rate Schedule is published in the Nebraska Advance Sheets, available electronically in the Court News section of JUSTICE, the Internet under Nebraska Online, Courts, and by mail from the State Court Administrator. | ||||
| CONSTITUTIONAL AMENDMENTS | ||||
| Article VII, Section 5 | ||||
| 1. | State Fines, pay to county treasurer to be ultimately paid to the common schools of the county. | |||
| 2. | Violation of city ordinance fines, pay to the county treasurer to be ultimately paid to the common schools of the city. | |||
| 3. | Overload fines, all fine money shall be appropriated exclusively to the use and support of the common schools in the respective subdivisions where the same may accrue, except that the fine for violation of laws prohibiting the overloading of vehicles shall be 75% in a fund for state highways and 25% to the general fund. | |||
| STATUTORY PROVISIONS | ||||
| 1. | Failure to post fee schedule in office. 33-148 | |||
| 2. | Fee payment or security required in advance. 33-120. | |||
| 3. | Judges retirement fund, transmit report to director of retirement with check payable to state treasurer. 24-703(3). | |||
| 4. | No judges retirement fund fee or two dollars of the legal services fee shall be waived by a county judge as prescribed in section 29-2709. 24-703(3). | |||
| 5. | Law Enforcement Improvement fund, transmit on forms prescribed by state treasurer monthly, or within 10 days of close of each calendar quarter. 81-1429. | |||
| 6. | Legal services fund, transmit on forms prescribed by state treasurer within 10 days after the close of each month. 33-107.01. | |||
| 7. | Forfeited recognizance is to be paid to county treasurer after deducting all court costs due and owing. 29-1108. | |||
| 8. | Allowance of fee for administering test to determine alcohol or drug by physician or agency for driving under the influence. 60-6,203. | |||
| 9. | Proceedings in forma pauperis authorized. 25-2301. An application shall be granted unless there is an objection that the party has sufficient funds to pay costs, fees or security or is asserting legal positions which are frivolous or malicious. 25-2301.02. | |||
| 10. | Interpreter fees shall be fixed by the judge before whom such proceedings takes place in accordance with a fee schedule established by the Supreme Court and paid by the state. 25-2406. | |||
| 11. | Hearing impaired interpreter fees authorized. 20-160. | |||
| 12. | Liquidated damages for game and fish violations shall be remitted to the Secretary of the Games and Park Commission. 37-614. | |||
| 13. | Unclaimed legacies, devises, distributive shares. | |||
| A. Executor pays to County Judge. 25-2714. | ||||
| B. County Judge pays to claimant. 25-2715. | ||||
| C. County Judge pays to successor judge. 25-2716. | ||||
| D. Payment to state treasurer after three years. 25-2717. | ||||
For questions, please e-mail Kenneth A. Wade or phone him at 402-471-2671.