Arizona § 22-281 - Fees and deposits

§ 22-281. Fees and deposits

A. Justices of the peace shall receive fees established and classified as follows in civil actions:

Class Description Fee

A     Initial case filing fee

 Civil filing fees    $   73.00

B     Subsequent case filing fee

 Civil filing fees — defendant   $   40.00

C     Initial case filing fee

 Forcible entry and detainer filings    $   35.00

 Small claims filing      25.00

D     Subsequent case filing fee

 Small claims answer  $   15.00

E     Minimum clerk fee

 Document and transcript transfer on appeal   $   28.00

 Certification of any documents       28.00

 Issuance of writs        28.00

 Filing any paper or performing any act

for which a fee is not specifically

prescribed      28.00

 Subpoena (civil)         28.00

 Research in locating a document      28.00

 Seal a court file        28.00

 Reopen a sealed court file     28.00

 Record duplication       28.00

F     Per page fee

 Copies of any documents per page $  0.50

G     Special fees

 Small claims service by mail     $  8.00

B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.

C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:

1. To the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113, in the following percentages:

(a) 14.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 16.23 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

2. To the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135, in the following percentages:

(a) 1.69 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 1.89 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

3. To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund pursuant to section 38-810:

(a) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

4. To the county general fund, in the following percentages:

(a) 49.95 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 55.51 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

5. 6.00 percent to the elected officials' retirement plan fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38-810.

D. In counties with a population of more than five hundred thousand persons, 5.65 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.

E. In counties with a population of five hundred thousand persons or less, 6.28 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.

F. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.