Indiana Trial Court Fee Manual - IN.gov

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Indiana Trial CourtFee ManualCurrent through 2020 Legislative SessionIndiana Supreme CourtIndiana Office of Court ServicesMary Kay Hudson, Executive Director251 North Illinois Street, Suite 800Indianapolis, Indiana 46204courts.in.govi

Table of ContentsContact Information. iii1 Filing Fees/Costs for Criminal Cases . 12 Filing Fees/Costs for Pre-Trial Diversion Cases for Certain Misdemeanors, Level 6 and Level 5 Felonies (see I.C. 33-39-1-8) . 33 Filing Fees/Costs for Infraction and Ordinance Violation Cases . 44 Filing Fees/Costs for Deferral Program Cases for Infractions and Ordinance Violations . 55 Filing Fees/Costs for Seatbelt Violation Cases . 66 Filing Fees/Costs for Child Restraint System Violation Cases . 67 Filing Fees/Costs for Juvenile Cases . 78 Filing Fees/Costs for Civil Cases . 89 Filing Fees/Costs for Small Claims Cases: filed in courts other than Marion County Small Claims (Township) Courts . 910 Filing Fees/Costs for Small Claims Cases: filed in Marion County Small Claims (Township) Courts . 1011 Filing Fees/Costs for Probate Cases . 1112 Alphabetical Guide to Fees/Costs Commonly Assessed by a Court or Clerk . 1213 Court Reporter Fees per Page . 36ii

Contact InformationIndiana Supreme CourtIndiana Office of Court Services251 N. Illinois Street, Suite 800Indianapolis, IN 46204Main Phone:Fax number:317-232-2542317-233-6586Toll Free Numbers:Guardian Ad Litem/Court Appointed Special Advocate:Conference on Legal Education Opportunity:Trial Court Technology Helpdesk:Trial Court Technology 05iii

Indiana Trial Court Fee Manual1 Filing Fees/Costs for Criminal CasesFee TypeCode CitationFee Amt.Other InformationCriminal Costs FeeIC 33-37-4-1 120.00Marijuana Eradication Program FeeIC 33-37-5-7Collected only if the county has a program and there is a conviction under I.C. 35-48-4; feemay not exceed 300Alcohol and Drug Services Program FeeIC 33-37-5-8(b)Collected only if the county has a program; fee may not exceed 400.Law Enforcement Continuing Education FeeIC 33-37-5-8(c)Drug Abuse, Prosecution, Interdiction, andCorrection FeeIC 33-37-5-9Collected only if there is a conviction under I.C. 35-48-4; fee range is 200- 1,000.Countermeasures FeeIC 33-37-5-10Collected only if conviction under I.C. 9-30-5 and driver's license suspension as a result; feeis 200.Child Abuse Prevention FeeIC 33-37-5-12Collected only if conviction of specified offenses and victim is under 18; fee is 100.Domestic Violence Prevention and TreatmentFeeIC 33-37-5-13Collected only if conviction of specified offenses and relationship of parties; fee is 50.Highway Worksite Zone FeeIC 33-37-5-14Collect .50 only if traffic offense or could be 25.50 if exceeding worksite speed limit orfailure to merge.Safe School FeeIC 33-37-5-18Collected only if conviction of (1) offense in which use or possession of a firearm is anelement of the offense or (2) for conviction of offense in which a person operates a vehicleand recklessly passes a school bus stopped on a roadway or a private road when the armsignal device is in the device’s extended position, or does so and causes bodily injury ordeath. The fee range is 200 - 1,000.Jury FeeIC 33-37-5-19 2.00Document Storage FeeIC 33-37-5-20 5.00Beginning July 1, 2015, the document storage fee increased to 5 (from 2). This feeincrease is in effect from July 1, 2015 to June 30, 2022 when the fee will decrease to 2.Automated Record Keeping FeeIC 33-37-5-21 20.00The automated record keeping fee increased to 20 on July 1, 2017 for all actions other thanpretrial diversion programs and deferral programs. The automated record keeping fee forpretrial diversion programs and deferral programs remains 5.Late Payment FeeIC 33-37-5-22Applies only if all conditions of the statute are met; fee is 25.Sexual Assault Victims Assistance FeeIC 33-37-5-23Collected only if conviction of specified offenses; fee range is 500 - 5,000.Public Defense Administration FeeIC 33-37-5-21.2 5.00Judicial Insurance Adjustment FeeIC 33-37-5-25 1.00Judicial Salaries FeeIC 33-37-5-26 20.00 4.00Increased from 3 to 5 on July 1, 2011.Increased from 19 to 20 on July 1, 2012.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk1

Indiana Trial Court Fee ManualDNA Sample Processing FeeIC 33-37-5-26.2 3.00Court Administration FeeIC 33-37-5-27 5.00Total Criminal Fees 185.00Increased from 2 to 3 on July 1, 2017Total is 213 if office is collecting the sheriff's service of process fee of 28.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk2

Indiana Trial Court Fee Manual2 Filing Fees/Costs for Pre-Trial Diversion Cases for Certain Misdemeanors,Level 6 and Level 5 Felonies (see I.C. 33-39-1-8)Fee TypeCode CitationFee AmountDeferred Prosecution FeeIC 33-37-5-17 120.00Initial User FeeIC 33-37-4-1(c) 50.00The fee increased effective July 1, 2018 to 75 for a felony. The feeremained 50 for misdemeanors.Monthly User FeeIC 33-37-4-1(c) 120.00Monthly fee is 20 for each month that the person remains in the pretrialdiversion program; this fee increased effective July 1, 2018. This scenariowould illustrate a 6-month program. The county may have different timeranges for the program which will cause the total to be different.Highway Worksite Zone FeeIC 33-37-5-14Document Storage FeeIC 33-37-5-20 5.00Beginning July 1, 2015, the document storage fee increased to 5 (from 2).This fee increase is in effect from July 1, 2015 to June 30, 2022 when thefee will decrease to 2.Automated Record Keeping FeeIC 33-37-5-21 5.00The automated record keeping fee increased to 20 on July 1, 2017 for allactions other than pretrial diversion programs and deferral programs. Theautomated record keeping fee for pretrial diversion programs and deferralprograms remains 5.Public Defense Administration FeeIC 33-37-5-21.2 5.00Increased to 5 on July 1, 2011.Judicial Insurance Adjustment FeeIC 33-37-5-25 1.00Judicial Salaries FeeIC 33-37-5-26 20.00Increased to 20 on July 1, 2011.DNA Sample Processing FeeIC 33-37-5-26.2 3.00Increased to 3 from 2 on July 1, 2017Court Administration FeeIC 33-37-5-27 5.00Total Pre-Trial Diversion Case FeesOther InformationCollect 0.50 only if traffic offense and could be 25.50 if exceeding theworksite speed limit or failure to merge. 334.00Total is 334.00 for non-traffic misdemeanor offense, 334.50 for trafficoffense or 359.50 if offense is exceeding a worksite speed limit orfailure to merge. See I.C. 33-37-5-14. The total increases 25 for afelony.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk3

Indiana Trial Court Fee Manual3 Filing Fees/Costs for Infraction and Ordinance Violation CasesFee TypeCode CitationFee AmountInfraction or Ordinance Violation Costs FeeIC 33-37-4-2 70.00Alcohol and Drug Services Program FeeIC 33-37-5-8(b)Law Enforcement Continuing EducationFeeIC 33-37-5-8(c)Countermeasures FeeIC 33-37-5-10Judge determines if this 200 fee is to be collected.Highway Worksite Zone FeeIC 33-37-5-14Collect .50 only if traffic offense and could be 25.50 if exceeding theworksite speed limit or failure to merge.Jury FeeIC 33-37-5-19 2.00Document Storage FeeIC 33-37-5-20 5.00Beginning July 1, 2015, the document storage fee increased to 5 (from 2). This fee increase is in effect from July 1, 2015 to June 30, 2022when the fee will decrease to 2.Automated Record Keeping FeeIC 33-37-5-21 20.00The automated record keeping fee increased to 20 on July 1, 2017 forall actions other than pretrial diversion programs and deferral programs.The automated record keeping fee for pretrial diversion programs anddeferral programs remains 5.Late Payment FeeIC 33-37-5-22Public Defense Administration FeeIC 33-37-5-21.2 5.00Increased to 5 on July 1, 2011.Judicial Insurance Adjustment FeeIC 33-37-5-25 1.00Judicial Salaries FeeIC 33-37-5-26 20.00Increased to 20 on July 1, 2011.DNA Sample Processing FeeIC 33-37-5-26.2 3.00Increased to 3 from 2 on July 1, 2017Court Administration FeeIC 33-37-5-27 5.00Total Infraction/Ordinance ViolationsFeesOther InformationJudge determines if this fee is to be collected. Amount of fee is set bycourt rule however may not exceed 400. 4.00 135.00Total is 163 if office is collecting the sheriff’s service of processfee of 28.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk4

Indiana Trial Court Fee Manual4 Filing Fees/Costs for Deferral Program Cases for Infractions and OrdinanceViolationsFee TypeCode CitationFee AmountOther InformationMoving Traffic Offense Court CostIC 34-28-5-1 70.00If the infraction or violation is not a moving traffic offense, this cost will notbe assessed.Initial Users Fee *IC 33-37-4-2(e) 52.00 50 goes to the deferral program and 2 goes to the Jury Pay Fund.Monthly User Fee *IC 33-37-4-2(e) 60.00Monthly fee is 10 for each month that the person remains in the deferralprogram. This scenario illustrates a 6-month program. The county mayhave different time ranges for the program which would cause the total to bedifferent.Highway Worksite Zone FeeIC 33-37-5-14Document Storage FeeIC 33-37-5-20 5.00Beginning July 1, 2015, the document storage fee increased to 5 (from 2). Thisfee increase is in effect from July 1, 2015 to June 30, 2022 when the fee willdecrease to 2.Automated Record Keeping FeeIC 33-37-5-21 5.00The automated record keeping fee increased to 19 (from 7) on July 1,2015 for all actions other than pretrial diversion programs and deferralprograms. The automated record keeping fee for pretrial diversionprograms and deferral programs remains 5. 192.00Total is 192.00 for a moving traffic offense; 217.50 if the offense isexceeding a worksite speed limit or failure to merge. Total is 122.50for a non-moving traffic offense. See I.C. 33-37-5-14.Total Deferral Program FeesCollect 0.50 only if traffic offense and could be 25.50 if exceeding theworksite speed limit or failure to merge.* Statute states these fees are not to exceed these amounts. The prosecutor may assess a lower amount.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk5

Indiana Trial Court Fee Manual5 Filing Fees/Costs for Seatbelt Violation CasesFee TypeCode CitationFee AmountOther InformationClass D InfractionIC 9-19-10-8 and 34-28-5-4 25.00These judgments go to a separate account in the State General Fundin accordance with I.C. 9-19-11-9.Total Seatbelt Violation Fee 25.006 Filing Fees/Costs for Child Restraint System Violation CasesFee TypeCode CitationFee AmountOther InformationClass D InfractionIC 9-19-11-2; 9-19-11-3.6and 34-28-5-4 25.00These judgments go to a separate account in the State General Fundin accordance with I.C. 9-19-11-9.Total Child Restraint SystemViolation Fee 25.00NOTE: Class D infractions generally do not include costs pursuant to IC 34-28-5-5. Seatbelt violation cases and child restraint system violation casesare merely the two most commonly charged Class D infractions.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk6

Indiana Trial Court Fee Manual7 Filing Fees/Costs for Juvenile CasesFee TypeCode CitationFee AmountJuvenile Costs FeeIC 33-37-4-3 120.00Marijuana Eradication Program FeeIC 33-37-5-7See notes to Criminal Cases chart in Chapter 1 for these fee types.Alcohol and Drug Services ProgramFeeIC 33-37-5-8(b)See notes to Criminal Cases chart in Chapter 1 for these fee types.Countermeasures FeeIC 33-37-5-10See notes to Criminal Cases chart in Chapter 1 for these fee types.Document Storage FeeIC 33-37-5-20 5.00Automated Record Keeping FeeIC 33-37-5-21 20.00Late Payment FeeIC 33-37-5-22Public Defense Administration FeeIC 33-37-5-21.2 5.00Judicial Insurance Adjustment FeeIC 33-37-5-25 1.00Judicial Salaries FeeIC 33-37-5-26 20.00Court Administration FeeIC 33-37-5-27 5.00Alternative Dispute Resolution FeeIC 33-23-6-1Total Juvenile FeesOther InformationThe automated record keeping fee increased to 20 on July 1, 2017 for all actionsother than pretrial diversion programs and deferral programs. The automatedrecord keeping fee for pretrial diversion programs and deferral programs remains 5.See notes to Criminal Cases chart in Chapter 1 for these fee types.Increased from 3 to 5 on July 1, 2011.Increased from 19 to 20 on July 1, 2012.If the county has an approved plan from the Judicial Conference of Indiana, theclerk shall collect from the party filing a petition for legal separation, paternity ordissolution of marriage a fee of 20. 176.00Total is 204 if office is collecting the sheriff’s service of process fee of 28.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk7

Indiana Trial Court Fee Manual8 Filing Fees/Costs for Civil CasesFee TypeCode CitationFee AmountCivil Filing FeeIC 33-37-4-4(a) 100.00Document Storage FeeIC 33-37-5-20 5.00Beginning July 1, 2015, the document storage fee increased to 5 (from 2). Thisfee increase is in effect from July 1, 2015 to June 30, 2022 when the fee willdecrease to 2.Automated Record Keeping FeeIC 33-37-5-21 20.00The automated record keeping fee increased to 20 on July 1, 2017 for all actionsother than pretrial diversion programs and deferral programs. The automatedrecord keeping fee for pretrial diversion programs and deferral programs remains 5.Public Defense Administration FeeIC 33-37-5-21.2 5.00Increased to 5 on July 1, 2011.Judicial Insurance Adjustment FeeIC 33-37-5-25 1.00Judicial Salaries FeeIC 33-37-5-26 20.00Court Administration FeeIC 33-37-5-27 5.00Civil Action Service FeeIC 33-37-5-28The clerk shall collect from the party filing the civil action, a service fee of 10 foreach additional defendant named other than the first named defendant. The clerkshall collect from any party adding a defendant, a service fee of 10. This doesnot apply to an action in which the service is made by publication in accordancewith Indiana Trial Rule 4.13 or actions filed using the Indiana electronic filingsystem.Additional Garnishee DefendantsService FeeIC 33-37-5-28Add a 10 fee per garnishee defendant in excess of 3 whether named or added.This does not apply to an action in which service is made by publication inaccordance with Indiana Trial Rule 4.13 or actions filed using the Indianaelectronic filing system.Pro Bono Services FeeIC 33-37-5-31Alternative Dispute Resolution FeeIC 33-23-6-1Total Civil FeesOther InformationIncreased to 20 on July 1, 2012. 1.00If the county has an approved plan from the Judicial Conference of Indiana, theclerk shall collect from the party filing a petition for legal separation, paternity ordissolution of marriage a fee of 20. 157.00Total is 185 if office is collecting the sheriff’s service of process fee of 28.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk8

Indiana Trial Court Fee Manual9 Filing Fees/Costs for Small Claims CasesIn Courts Other than Marion County Township CourtsFee TypeCode CitationFee AmountSmall Claims Filing FeeIC 33-37-4-6 35.00Small Claims Service FeeIC 33-37-4-6 10.00Small Claims Garnishee Service FeeIC 33-37-4-6Document Storage FeeIC 33-37-5-20 5.00Automated Record Keeping FeeIC 33-37-5-21 20.00The automated record keeping fee increased to 20 on July 1, 2017 for allactions other than pretrial diversion programs and deferral programs. Theautomated record keeping fee for pretrial diversion programs and deferralprograms remains 5.Public Defense Administration FeeIC 33-37-5-21.2 5.00Increased to 5 on July 1, 2011.Judicial Insurance Adjustment FeeIC 33-37-5-25 1.00Judicial Salaries FeeIC 33-37-5-26 15.00Pro Bono Services FeeIC 33-37-5-31 1.00Court Administration FeeIC 33-37-5-27 5.00Total Small Claims FeesOther Information 10 fee assessed for each named defendant, including the first nameddefendant, who is not a garnishee defendant. The fee is collected from theparty adding the named defendant. This fee may not be assessed in an actionfiled using the Indiana electronic filing system.Add a 10 fee per garnishee defendant in excess of 3 whether named or added.This fee may not be assessed in an action filed using the Indiana electronic filingsystem. 97.00Increased to 15 on July 1, 2012.Total is 87.00 if filed using the Indiana electronic filing system.An additional 28 would be added if service by sheriff is requested.These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed.A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk9

Indiana Trial Court Fee Manual10 Filing Fees/Costs for Small Claims CasesFiled in Marion County Township CourtsFee TypeCode CitationFee AmountFiling Fee Township Docket FeeIC 33-34-8-1(a)(1) and 33-34-8-1(b) 37.00Service of Process Fee (certified mailor personal service)IC 33-34-8-1(a)(2) or 33-34-8-1(a)(3) 13.00Document Storage FeeIC 33-37-5-20; 33-34-8-1(a)(6) 5.00Automated Record Keeping FeeIC 33-37-5-21; 33-34-8-1(a)(7) 20.00The automated record keeping fee increased to 20 onJuly 1, 2017 for all actions other than pretrial diversionprograms and deferral programs. The automated recordkeeping fee for pretrial diversion programs and deferralprograms remains 5.Public Defense Administration FeeIC 33-37-5-21.2; 33-34-8-1(a)(9) 5.00Increased

Indiana Trial Court Fee Manual. These are only the fees/costs most commonly assessed in this case type. Other fees may be assessed. A complete list of all fees/costs can be found in Chapter 12 Alphabetical Guide to Fees/Costs Assessed by a Court or Clerk . 3 . 2 Filing Fees/Costs for Pre-Trial Diversion Cases for Certain Misdemeanors,

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