N.Y. Civil Practice Law & Rules § 8020: County clerks as clerks of court

§ 8020. County clerks as clerks of court. Whenever a county clerk

renders a service in his capacity as clerk of the supreme or a county

court, in an action pending in such court, he is entitled to the fees

specified in this section, payable in advance.

(a) Placing cause on calendar. For placing a cause on a calendar for

trial or inquest, one hundred twenty-five dollars in the supreme court

and county court; except that where rules of the chief administrator of

the courts require that a request for judicial intervention be made in

an action pending in supreme court or county court, the county clerk

shall be entitled to a fee of ninety-five dollars, payable before a

judge may be assigned pursuant to such request, and thereafter, for

placing such a cause on a calendar for trial or inquest, the county

clerk shall be entitled to an additional fee of thirty dollars, and no

other fee may be charged thereafter pursuant to this subdivision; except

that the county clerk shall be entitled to a fee of forty-five dollars

upon 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 a

poor person pursuant to subdivision (a) of section eleven hundred one of

this chapter.

(b) Calendar fee for transferred cause, joint trial, retrial, or

separate trial. Where a cause which has been placed upon a calendar is

transferred before trial to a court for which a larger calendar fee is

prescribed, the difference in calendar fee shall be paid at the time the

cause is placed upon the calendar of the latter court, except that no

additional fee shall be required when the action is transferred for the

purpose of consolidation or trial jointly with another action. No

separate calendar fee shall be imposed for a retrial of a cause or for

the trial of a separate issue in a cause.

(c) Filing demand for jury trial. For filing a demand for a jury trial

in the following counties, where the right to a jury trial is duly

demanded:

1. in the counties within the city of New York, sixty-five dollars in

the supreme court;

2. in all other counties, sixty-five dollars in the supreme court and

county court.

(d) Filing a stipulation of settlement or a voluntary discontinuance.

For filing a stipulation of settlement pursuant to rule twenty-one

hundred four of this chapter or a notice, stipulation, or certificate

pursuant to subdivision (d) of rule thirty-two hundred seventeen of this

chapter, the defendant shall file and pay:

1. in the counties within the city of New York, thirty-five dollars in

the supreme court.

2. in all other counties, thirty-five dollars in the supreme court and

county court.

Provided, however, that only one such fee shall be charged for each

notice, stipulation or certificate filed pursuant to this subdivision.

(e) Jury fee for transferred cause, joint trial, retrial or separate

trial. Where a cause in which a jury has been demanded is transferred

before trial to a court for which a larger jury fee is prescribed, the

difference in the jury fee shall be paid at the time the cause is placed

upon the calendar of the latter court, except that no additional fee

shall be required when the action is transferred for the purpose of

consolidation or trial jointly with another action in which a jury fee

has previously been paid. No separate jury fee shall be imposed for a

retrial 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 New

York, eight dollars, and in all other counties, four dollars, except as

otherwise 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 all

other counties, ten dollars.

(g) Searches. For certifying to a search of any court records for a

consecutive two-year period or fraction thereof, for each name so

searched, five dollars.

(h) Production of court records. For each day or part thereof in

attendance in any action pursuant to a subpoena duces tecum, twenty

dollars, and in addition thereto, mileage fees of twelve cents per mile

each way and the necessary expenses of the messenger, except that if the

subpoena duces tecum be served within the city of New York, and the

place of attendance is within the city of New York, then actual

transportation costs shall be charged instead of the mileage fees.