This bill was submitted at the request of the Montana Association of Clerks of District Court. It clarifies that the payment of costs associated with transferring a case from one court to another falls with the party requesting the transfer. This allows the Clerk of Court to recover costs associated with transferring a case to another court, primarily postage costs. Generally speaking, clerks of court across the state have been collecting postage costs for transmittal of a record on appeal to the supreme court. It wasn't until a few years ago that we realized there was no provision in statute for such a cost. This bill would now provide statutory authority for clerks to recover costs, not only in cases transferred to the supreme court, but also cases transferred to another judicial district and/or federal court.
The following was sent to Representatives Hill, McConnell and Person:
Missoula County supports House Bill 261 - Revise laws regarding clerk of court fees for transmitting records, before House Judiciary Monday morning. HB 261 clarifies that the payment of costs associated with transferring a case from one court to another falls with the party requesting the transfer and allows the Clerk of Court to recover those costs. Please support HB 261.
Respectfully, Vickie Zeier on behalf of the Missoula County Commissioners
This bill was submitted at the request of the Montana Association of Clerks of District Court. It clarifies that the payment of costs associated with transferring a case from one court to another falls with the party requesting the transfer. This allows the Clerk of Court to recover costs associated with transferring a case to another court, primarily postage costs. Generally speaking, clerks of court across the state have been collecting postage costs for transmittal of a record on appeal to the supreme court. It wasn't until a few years ago that we realized there was no provision in statute for such a cost. This bill would now provide statutory authority for clerks to recover costs, not only in cases transferred to the supreme court, but also cases transferred to another judicial district and/or federal court.
ReplyDeleteThe following was sent to Representatives Hill, McConnell and Person:
ReplyDeleteMissoula County supports House Bill 261 - Revise laws regarding clerk of court fees for transmitting records, before House Judiciary Monday morning. HB 261 clarifies that the payment of costs associated with transferring a case from one court to another falls with the party requesting the transfer and allows the Clerk of Court to recover those costs. Please support HB 261.
Respectfully,
Vickie Zeier on behalf of the Missoula County Commissioners