Opinion
June 21, 2005.
This 21st day of June, 2005, IT IS HEREBY ORDERED that the Court of Chancery Rule 3(bb) shall be amended by deleting Rule 3(bb) in its entirety and substituting the following language which is, effective July 1, 2005.
Rule 3(bb) Court fees or charges. The Register in Chancery shall assess the following court fees:
(1) CIVIL ACTION FEES
New Case with 1 or 2 defendants $ 250 New Case with 3 or more defendants $ 350 New Case involving class action or derivative claims $ 600 Cases involving service under 10 Del. C. § 3114 with 10 or less defendants $ 600 with more than 10 defendants $ 850 Sequestrations $ 850 Confirm or vacate an arbitration award $ 500 Appeal $ 500 Over 100 docket — each docket $ 1 Filing and recording any pleading Per page $ 1 Short certificates $ 25 Furnishing advertisements to publishers $ 25 Issuing and filing commissions $ 20 Register's certificates $ 25 Section 3114 letters $ 10 Issuing summons and other writs Original $ 50 Copies $ 25 Sequestration $ 20 Certification (excludes copy charge) $ 25 Exemplification $ 50 Bonds $ 25
(2) TRUST ACCOUNTING FEES
New trust administration fees $ 25 Trustee bond $ 10 Inventories Per page $ 2 Filing, recording indexing accounts of trustees and receivers Principal and income Less than $500 to $1000 $ 10 $1001 to $5000 $ 20 $5001 to $15,000 $ 60 Each additional $1000 to $10,000 (or part thereof) $ 15 Charge for each page $ 1 Mailing notices to interested parties — each notice $ 5 Trustee release $ 10 Registering certificates of trust $ 25
(3) CHANCERY MINOR MISCELLANEOUS FEES
Petition
To partition $ 150 For decree of distribution $ 150 To sell real property to pay debts $ 150 For instructions $ 150 For adjudication of presumed death $ 150 For elective share $ 150 For admission of a copy of decedent's will to probate $ 150 For a rule to show cause to compel return of assets to an estate pursuant to 12 Del. C. § 2105 $ 150 To reform trust $ 150 To appoint a successor trustee $ 150 For a rule to show cause in current actions $ 50 Each additional copy $ 25 To remove a guardian or trustee $ 50 To appoint a successor guardian $ 50 Processing of receivership claims $ 1% of amount paid to claimant Guardian appointment Minors $ 50 Tort Settlement $ 100 Disabled persons $ 50
Petition To expend (pro se filer) $ 10 To sell real estate $ 50
Promissory note fee $ 25 Transfer of funds $ 10 Certification (excludes copy charge) $ 25 Bonds $ 25 Issuing summons and other writs Original $ 10 Copies $ 5
Processing of receivership claims Claims under $10 $ 0 Claims of $10 or more, but less than $25 $ 5 Claims of $25 or more, but less than $100 $ 10 Claims of $200 or more, but less than $500 $ 20 Claims of $500 to $999 $ 50 Claims of $1,000 to $9,999 $ 75 Claims over $10,000 $ 1%
(4) VETERANS CASES, PUBLIC GUARDIAN AND INSURANCE COMMISSIONER CASES
No Charge
(5) OTHER CHARGES
Facsimile copies, first page $ 10 (plus $2 per page for faxes 2 pages and over) Photocopies — per page $1.50 Microfilm copies — per page $ 2 Copies of opinions — per page $1.50 Separate storage of exhibits — per exhibit $ 10 (Charged to plaintiff or defendant) Preparation of mailing via Federal Express, Airbourne, etc. $ 5 (excludes copy charge)
(6) COUNTERCLAIMS, CROSS-CLAIMS, THIRD PARTY COMPLAINTS AND AMENDED COMPLAINTS
a. The fee for filing any cross-claim, counterclaim or third party complaint in any action shall be the same as the fee for filing a new action under this rule. The fee for filing any cross-petition or counter-petition shall be the same as for filing a new petition under this rule.
b. The fee for filing an amended complaint shall be $150, together with the fee for the filing of the amended complaint as a pleading.
Charges for matters not covered by this Rule shall be fixed by Order of the Court. Any charge herein may be increased or decreased by the Court for good cause.