Eighteenth Judicial Circuit Court of Alabama

One plaintiff. Some Alabama appellate court cases have referred to a person, doing business as a company as the "plaintiff."

Yes.

If the defaults are sought against multiple defendants are contained in one motion, then there is only one $50 fee. However, if multiple motions are filed, even simultaneously in the same case, then the fee is $50 for each separate motion or application for default.

No. These types of filings are not expressly provided in Act 2004-636.

No.

No. Section 6-5-1, Ala. Code 1975, and the case law provide that these entities do not have to prepay filing fees. According to an Attorney General opinion issued on June 28, 1977, State departments and agencies are not required to prepay docket fees in civil cases filed in state courts. Also, see Attorney General Opinion 85-505, dated September 6, 1985, and Attorney General Opinion 96-309, dated September 12, 1996. The court may however, tax the cost.

No. Section 30-5-5, Ala. Code 1975, provides that the plaintiff filing a PFA petition shall not be charged a filing fee.

No, Section 3(a) of Act 2004-636 provides that the new filing fee INCREASES DO NOT APPLY to workers' compensation actions; therefore, the filing fees in place before the increases would apply.

The new increased filing fees would apply.

Yes. In Opinion of the Clerk No. 33, 394 So.2d 954 (1981), the Clerk of the Alabama Supreme Court opined that the filing of an award in arbitration in circuit court where no action is pending is a filing of a case requiring the payment of a docket fee. The filing of a pro ami settlement in court where no action is pending would be similar to the filing of an arbitration award in circuit court where no action is pending.

The $50 for each additional child plaintiff fee would apply.

No; therefore, no fee should be charged for this motion.

No.

Two, because the counterclaim is an action filed by the original defendant against the original plaintiff, which is different from a cross claim which is filed by the original defendant against another named defendant.

Yes. Section 5 of Act 2004-636 provides that "[n]othing in this act shall limit a judge's authority to allow a civil case to proceed at no cost to a party upon the judge's approval of an affidavit of substantial hardship."

No. Section 12-19-75(a), Ala. Code 1975 clearly provides that these fees shall be collected for post-judgment proceedings only, not pre-judgment proceedings.

Charge only the lower circuit civil fee (CV00). However, if the party seeks monetary damages in addition to equitable relief, but does not specify the amount of damages sought, the higher fee would apply.

Yes. The fee should be collected either at the time that the motion is filed with he clerk or it could be taxed as cost by the court. See also Rule 5(e), A.R.Civ.P.

Yes. The fee collected should be ordered paid to the clerk or taxed as costs.

Yes, even though a .01 to the original action, it would be considered a new filing because it is one "seeking to modify or enforce an existing domestic relations court order." See § 12-19-71(7).