N.Y. CPLR § 8020

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8020 County clerks as clerks of court § 8020. County clerks as clerks of court. Whenever a county clerkrenders a service in his capacity as clerk of the supreme or a countycourt, in an action pending in such court, he is entitled to the feesspecified in this section, payable in advance.(a) Placing cause on calendar. For placing a cause on a calendar fortrial or inquest, one hundred twenty-five dollars in the supreme courtand county court; except that where rules of the chief administrator ofthe courts require that a request for judicial intervention be made inan action pending in supreme court or county court, the county clerkshall be entitled to a fee of ninety-five dollars, payable before ajudge may be assigned pursuant to such request, and thereafter, forplacing such a cause on a calendar for trial or inquest, the countyclerk shall be entitled to an additional fee of thirty dollars, and noother fee may be charged thereafter pursuant to this subdivision; exceptthat the county clerk shall be entitled to a fee of forty-five dollarsupon the filing of each motion or cross motion in such action. However,no fee shall be imposed for a motion which seeks leave to proceed as apoor person pursuant to subdivision (a) of section eleven hundred one ofthis chapter.(b) Calendar fee for transferred cause, joint trial, retrial, orseparate trial. Where a cause which has been placed upon a calendar istransferred before trial to a court for which a larger calendar fee isprescribed, the difference in calendar fee shall be paid at the time thecause is placed upon the calendar of the latter court, except that noadditional fee shall be required when the action is transferred for thepurpose of consolidation or trial jointly with another action. Noseparate calendar fee shall be imp ourt, except that noadditional fee shall be required when the action is transferred for thepurpose of consolidation or trial jointly with another action. Noseparate calendar fee shall be imposed for a retrial of a cause or forthe trial of a separate issue in a cause.(c) Filing demand for jury trial. For filing a demand for a jury trialin the following counties, where the right to a jury trial is dulydemanded:1. in the counties within the city of New York, sixty-five dollars inthe supreme court;2. in all other counties, sixty-five dollars in the supreme court andcounty court.(d) Filing a stipulation of settlement or a voluntary discontinuance.For filing a stipulation of settlement pursuant to rule twenty-onehundred four of this chapter or a notice, stipulation, or certificatepursuant to subdivision (d) of rule thirty-two hundred seventeen of thischapter, the defendant shall file and pay:1. in the counties within the city of New York, thirty-five dollars inthe supreme court.2. in all other counties, thirty-five dollars in the supreme court andcounty court.Provided, however, that only one such fee shall be charged for eachnotice, stipulation or certificate filed pursuant to this subdivision.(e) Jury fee for transferred cause, joint trial, retrial or separatetrial. Where a cause in which a jury has been demanded is transferredbefore trial to a court for which a larger jury fee is prescribed, thedifference in the jury fee shall be paid at the time the cause is placedupon the calendar of the latter court, except that no additional feeshall be required when the action is transferred for the purpose ofconsolidation or trial jointly with another action in which a jury feehas previously been paid. No separate jury fee shall be imposed for aretrial of a cause or for the trial of a separate issue in a cause.(f) Certification, exemplification, and copies of papers.1. For issuing any certificate, separate jury fee shall be imposed for aretrial of a cause or for the trial of a separate issue in a cause.(f) Certification, exemplification, and copies of papers.1. For issuing any certificate, in counties within the city of NewYork, eight dollars, and in all other counties, four dollars, except asotherwise expressly provided in this article.2. For a certificate of exemplification, exclusive of certification,in counties within the city of New York, twenty-five dollars, and in allother counties, ten dollars.(g) Searches. For certifying to a search of any court records for aconsecutive two-year period or fraction thereof, for each name sosearched, five dollars.(h) Production of court records. For each day or part thereof inattendance in any action pursuant to a subpoena duces tecum, twentydollars, and in addition thereto, mileage fees of twelve cents per mileeach way and the necessary expenses of the messenger, except that if thesubpoena duces tecum be served within the city of New York, and theplace of attendance is within the city of New York, then actualtransportation costs shall be charged instead of the mileage fees.