GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 1044
AN ACT TO INCREASE THE FEE FOR SERVICE OF PROCESS IN CIVIL AND CRIMINAL ACTIONS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 7A-304(a) reads as rewritten:
"(a) In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected, except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides:
(1) For each arrest or
personal service of criminal process, including citations and subpoenas, the
sum of four dollars ($4.00) five dollars ($5.00) to be remitted
to the county wherein the arrest was made or process was served, except that in
those cases in which the arrest was made or process served by a law-enforcement
officer employed by a municipality, the fee shall be paid to the municipality
employing the officer.
(2) For the use of the courtroom and related judicial facilities, the sum of five dollars ($5.00) in the district court, including cases before a magistrate, and the sum of twenty-three dollars ($23.00) in superior court, to be remitted to the county in which the judgment is rendered. In all cases where the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used exclusively by the county or municipality for providing, maintaining, and constructing adequate courtroom and related judicial facilities, including: adequate space and furniture for judges, district attorneys, public defenders, magistrates, juries, and other court related personnel; office space, furniture and vaults for the clerk; jail and juvenile detention facilities; free parking for jurors; and a law library (including books) if one has heretofore been established or if the governing body hereafter decides to establish one. In the event the funds derived from the facilities fees exceed what is needed for these purposes, the county or municipality may, with the approval of the Administrative Officer of the Courts as to the amount, use any or all of the excess to retire outstanding indebtedness incurred in the construction of the facilities, or to reimburse the county or municipality for funds expended in constructing or renovating the facilities (without incurring any indebtedness) within a period of two years before or after the date a district court is established in such county, or to supplement the operations of the General Court of Justice in the county.
(3) For the retirement and insurance benefits of both State and local government law-enforcement officers, the sum of seven dollars and twenty-five cents ($7.25), to be remitted to the State Treasurer. Fifty cents (50¢) of this sum shall be administered as is provided in Article 12C of Chapter 143 of the General Statutes. Five dollars and seventy-five cents ($5.75) of this sum shall be administered as is provided in Article 12E of Chapter 143 of the General Statutes, with one dollar and twenty-five cents ($1.25) being administered in accordance with the provisions of G.S. 143-166.50(e). One dollar ($1.00) of this sum shall be administered as is provided in Article 12F of Chapter 143 of the General Statutes.
(3a) For the supplemental pension benefits of sheriffs, the sum of seventy-five cents (75¢), to be remitted to the Department of Justice and administered under the provisions of Article 12G of Chapter 143 of the General Statutes.
(4) For support of the General Court of Justice, the sum of twenty-three dollars ($23.00) in the district court, including cases before a magistrate, and the sum of thirty dollars ($30.00) in the superior court, to be remitted to the State Treasurer."
Sec. 2. G.S. 7A-311(a) reads as rewritten:
"(a) In a civil action or special proceeding, the following fees and commissions shall be assessed, collected, and remitted to the county:
(1) a. Effective July 1, 1979, for every civil action filed on or after that date, for each item of civil process, including summons, subpoenas, notices, motions, orders, units and pleadings served, three dollars ($3.00). When two or more items of civil process are served simultaneously on one party, only one three-dollar ($3.00) fee shall be charged. Effective July October 1, 1981, 1990, for every civil action filed on or after that date, for each item of civil process, including summons, subpoenas, notices, motions, orders, writs and pleadings served, four dollars ($4.00). the sum of five dollars ($5.00). When two or more items of civil process are served simultaneously on one party, only one four-dollar ($4.00) five dollar ($5.00) fee shall be charged.
b. When an item of civil process is served on two or more persons or organizations, a separate service charge shall be made for each person or organization. If the process is served, or attempted to be served, by a city policeman, the fee shall be remitted to the city rather than the county. If the process is served, or attempted to be served by the sheriff, the fee shall be remitted to the county. This subsection shall not apply to service of summons to jurors.
(2) For the seizure of personal property and its care after seizure, all necessary expenses, in addition to any fees for service of process.
(3) For all sales by the sheriff of property, either real or personal, or for funds collected by the sheriff under any judgment, five percent (5%) on the first five hundred dollars ($500.00), and two and one-half percent (2 1/2%) on all sums over five hundred dollars ($500.00), plus necessary expenses of sale. Whenever an execution is issued to the sheriff, and subsequently while the execution is in force and outstanding, and after the sheriff has served or attempted to serve such execution, the judgment, or any part thereof, is paid directly or indirectly to the judgment creditor, the fee herein is payable to the sheriff on the amount so paid. The judgment creditor shall be responsible for collecting and paying all execution fees on amounts paid directly to the judgment creditor.
(4) For execution of a judgment of ejectment, all necessary expenses, in addition to any fees for service of process.
(5) For necessary transportation of individuals to or from State institutions or another state, the same mileage and subsistence allowances as are provided for State employees."
Sec. 3. This act shall become effective October 1, 1990, and shall apply to process served on or after that date.
In the General Assembly read three times and ratified this the 27th day of July, 1990.