Question:
How much should the clerk collect in cases where the plaintiff's original complaint sought damages of less than $50,000 and the plaintiff paid the lower filing fee, but the plaintiff thereafter either amends the complaint to seek greater than $50,000 in damages or adds additional counts where the aggregate sought in damages now exceeds $50,000?

Answer:
Collect only the $100 difference.

Question:
If an action is filed by a person d/b/a (doing business as) or filed by the State ex. rel. (on behalf of) a person, is this considered one plaintiff or multiple plaintiffs?

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

Question:
Is an application for default judgment pursuant to Rule 55(b), Alabama Rules of Civil Procedure, considered the same as a motion for a default judgment for which a $50 motion fee would apply according to Section 1 of Act 2004-636 [new Section 12-19-71(a)(10)]?

Answer:
Yes.

Question:
What charge applies to a default judgment being sought against multiple defendants?

Answer:
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.

Question:
Should the new increased filing fees be charged when a joint stipulation of dismissal or an agreement between the parties to a case is filed after an original action is filed?

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

Question:
Is an action to revive a judgment considered a new filing for which the new filing fee would apply?

Answer:
No.

Question:
What if the State, county, and municipal government or its agents or officials files lawsuit, do the new filing fees apply?

Answer:
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.

Question:
If a protection from abuse (PFA) petition is filed after a divorce action has been filed involving the same parties (.01) or the PFA petition is filed as part of the original divorce action, is a new filing fee charged?

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

Question:
If a worker's compensation action is filed, do the new filing fees attach?

Answer:
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.

Question:
What if a workers' compensation count is filed with other counts in a civil action, such as retaliatory discharge claim or third party claim? What filing fees attach to this action?

Answer:
The new increased filing fees would apply.

Question:
Do the new increased filing fees apply to the filing of a pro ami settlement?

Answer:
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.

Question:
What if there is more than one child plaintiff in a pro ami settlement petition?

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

Question:
Is a motion for a consent judgment the same as a motion for judgment on the pleadings?

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

Question:
Is a $50 fee charged on an entry of default once the application for default judgment has been filed on which a $50 fee has been charged?

Answer:
No.

Question:
What if a counterclaim and a cross claim are filed at the same time? Are two different filing fees charged or one filing fee charged?

Answer:
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.

Question:
If an affidavit of substantial hardship (Form c-10, Rev. 2/95) is filed at the time of the original filing of a case by a party requesting waiver of prepayment of filing fees and other fees and costs, and this request is granted by the trial court, if the same party files a subsequent action or a motion to which the new increased filing fees attach, will this waiver still be in effect throughout the case?

Answer:
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."

Question:
Do the increased fees for attachment found in Section 1 of Act 2004-636, p. 12 (amending Section 12-19-75(b), Ala. Code 1975) apply to pre-judgment writs of seizure and attachments as well?

Answer:
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.

Question:
What if the original complaint only seeks equitable or injunctive-type relief and no monetary damages are requested?

Answer:
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.

Question:
Should the increased fees apply to motions filed in "open court"?

Answer:
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.

Question:
Should the $50 fee for dispositive motions be charged when the court considers matters outside the pleadings and converts a Rule 12(b) motion into a Rule 56 motion for summary judgment?

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

Question:
Whether a motion for contempt in a domestic relations case is a new filing subject to the new fee?

Answer:
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).