RS 13:847 Fees in criminal cases; exceptions
§847. Fees in criminal cases; exceptions
A. The clerks of court may charge the following fees and no more in all criminal cases:
(1) For filing, docketing, and registering an affidavit, thirty-five cents.
(2) For filing appearance bond, thirty-five cents.
(3) For filing testimony, thirty-five cents.
(4) For filing a bill of information, thirty-five cents.
(5) Orders bringing accused into court and remanding from court to prison in each case for one or more accused, fifty cents.
(6) For arraignment of one or more accused and entering the several pleas, in each case, seventy-five cents.
(7) For notice of trial to principal, fifty cents.
(8) For subpoenas to witnesses, copies, and seal, forty cents.
(9) For attachments to bring witnesses, summons, subpoenas, court orders for arrest, fifty cents.
(10) For calling, presenting, swearing, and impaneling petit jury, in each case, seventy-five cents.
(11) For copy of indictment or information and jury list, to be served on accused when required by law, in each case, one dollar twenty-five cents.
(12) For swearing witnesses, thirty cents.
(13) For reading indictments or information and plea to jury, fifty cents.
(14) For receiving, reading, recording, and filing indictment of grand jury, seventy-five cents.
(15) For notice of arraignment to principals and security, fifty cents.
(16) For issuing capias, seventy-five cents.
(17) For entering sentence of judgment, seventy-five cents.
(18) For copy of sentence with certificate and seal, seventy-five cents.
(19) For calling, forfeiting, and entering judgment on appearance bond, one dollar twenty-five cents.
(20) For notice of judgment, fifty cents.
(21) For calling and continuance in each case, thirty-five cents.
(22) For each and every order of court entered on the minutes not otherwise provided for, thirty-five cents.
(23) For copies of same, and certificate with seal, forty cents.
(24) For filing return on all writs, subpoenas and notices, thirty-five cents.
(25) For each commitment, seventy-five cents.
(26) For each subpoena duces tecum, seventy-five cents.
(27) For filing plea and abatement of special plea in bar or plea in quasi information or indictment, thirty-five cents.
(28) For appointment of counsel and copy of same, seventy-five cents.
(29) For motion asking for a new trial or in arrest of judgment, and copy, fifty cents.
(30) For taking affidavit and swearing to the same, fifty cents.
(31) For issuing any other notice not provided for above, fifty cents.
(32) For filing any other pleading not provided for above, per page, fifty cents.
(33) For affixing seal on any notice, act, or copy, not provided for above, fifty cents.
(34) For microfilming any of the above mentioned pleadings necessary, fifty cents.
(35) For copies of any of the above mentioned pleadings, per page, fifty cents.
(36) For certification of any of the above mentioned, per page, fifty cents.
(37) For postage on any notices mailed, each, fifty cents.
(38) For indexing any of the above mentioned, per name, fifty cents.
B. The funds derived by the clerk of court in the parish of Calcasieu from that portion of the fees collectable pursuant to this Section above the amount of such fees collectable at the rates provided by R.S. 13:847 prior to the amendment thereof at the 1981 Regular Session of the Legislature shall be expended exclusively for the payment of additional salaries of deputy clerks of court in that parish.
C. Whenever the clerk of court receives an order to make a copy of the pleadings in a criminal case which has been appealed in a federal court, the clerk shall furnish the copies requested upon receipt of payment from the appellant, except an indigent, in accordance with the fee schedule.
D. Notwithstanding the provisions of Subsection A, and in addition to other fees fixed by law, the clerk of court in St. Landry Parish shall be entitled to demand and receive an additional five dollars for every traffic ticket that is processed by the office of the clerk. Fifty percent of these funds shall be used to defray the operational expenses of the criminal division of the clerk of court's office. The remaining fifty percent of the fee shall be used for the St. Landry Parish Police Jury Juror and Witness Fee Fund.
E.(1) Notwithstanding Subsection A and in addition to other fees fixed by law, the clerk of court in Jefferson Parish shall be entitled to demand and receive:
(a) A two-dollar processing fee for every extension of time granted for payment of a fine for a traffic ticket.
(b) A fee of seven dollars and fifty cents for every attachment issued to bring witnesses, summons, subpoenas, and court orders for arrest.
(c) A filing and processing fee of one hundred dollars for all felony expungement proceedings filed in the Twenty-Fourth Judicial District Court pursuant to the provisions of R.S. 44:9, regardless of whether the expungement is filed after a conviction is set aside and the prosecution is dismissed pursuant to the provisions of Code of Criminal Procedure Article 893.
(d) A filing and processing fee of fifty dollars for all misdemeanor expungement proceedings filed in the First Parish Court for the parish of Jefferson, the Second Parish Court for the parish of Jefferson, and the Twenty-Fourth Judicial District Court pursuant to the provisions of R.S. 44:9, regardless of whether the expungement is filed after a conviction is set aside and the prosecution is dismissed pursuant to the provisions of Code of Criminal Procedure Article 894.
(2) These funds shall be used to defray the operational expenses of the criminal division of the clerk of court's office.
F.(1) Notwithstanding Subsection A of this Section and in addition to other fees fixed by law, the clerk of a district court in a parish with a population of between forty-two thousand eight hundred and forty-three thousand five hundred according to the latest federal decennial census shall be entitled to demand and receive:
(a) A filing and processing fee of one hundred dollars for all felony expungement proceedings filed in the district court pursuant to the provisions of R.S. 44:9, regardless of whether the expungement is filed after a conviction is set aside and the prosecution is dismissed pursuant to the provisions of Code of Criminal Procedure Article 893.
(b) A filing and processing fee of fifty dollars for all misdemeanor expungement proceedings filed in the district court pursuant to the provisions of R.S. 44:9, regardless of whether the expungement is filed after a conviction is set aside and the prosecution is dismissed pursuant to the provisions of Code of Criminal Procedure Article 894.
(2) These funds shall be used to defray the operational expenses of the criminal division of the clerk of court's office.
Amended by Acts 1981, No. 358, §1; Acts 1984, No. 438, §1; Acts 1995, No. 779, §1; Acts 2000, 1st Ex. Sess., No. 53, §1, eff. April 17, 2000; Acts 2003, No. 344, §1.