Section 25-7-9 - [Effective 1/1/2028] Clerks of the chancery court[From and after January 1, 2028, this section shall read as follows:]
(1) The clerks of the chancery courts shall charge the following fees: (a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00(b)(i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable, each deed of trust, or any other document, for the first five (5) pages................................................ $ 25.00(ii) Each additional page.............. $ 1.00(c)(i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first five (5) pages................................................$ 25.00(ii) Recording each oil and gas assignment, amendment of assignment, release, etc., first five (5) pages................................................ $ 25.00 per additional assignee............................... $ 18.00
(iii) Each additional page............. $ 1.00(iv) Sectional index entries per section or subdivision lot.................................................. $ 1.00(v) Archive fee....................... $ 1.00(vi) Entering marginal notations, if requested on document or by cover letter, pertaining to the recording of any oil and gas document only per book and page................... $ 4.00(d)(i) Furnishing copies of any papers of record or on file: If performed by the clerk or his employee,
per page........................................ $ .50
If performed by any other person,
per page............................................. $ .25
(ii) Entering marginal notations on documents of record................................... $ 1.00(e) For attending the board of supervisors' meeting an annual sum not exceeding..................................... $ 5,000.00(f) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $10,000.00(g) For each day's attendance on the chancery court, to be approved by the chancellor: For the first chancellor sitting only, clerk and two (2) deputies, each................................................. $ 85.00
For the second chancellor sitting, clerk only..... $ 85.00
Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.
(h) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.(i) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding............................................ $ 5,000.00(j) For each civil filing, to be deposited into the Civil Legal Assistance Fund................................. $ 5.00 The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.
(2) The following fee shall be a total fee for all services performed by the clerk with respect to any civil case filed that includes, but is not limited to, divorce, alteration of birth or marriage certificate, removal of minority, guardianship or conservatorship, estate of deceased, adoption that does not involve the Department of Child Protection Services, land dispute injunction, settlement of small claim, contempt, modification, partition suit, or commitment, which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee....... $ 85.00(3) For every civil case filed: (a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................................................... $ 10.00(b) An additional fee to be deposited to the credit of the Judicial System Operation Fund established in Section 9-21-45............................. $ 40.00(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.(5) For each civil case filed including an adoption involving the Department of Child Protection Services, the filing shall be exempt from any fee under this section.Codes, 1880, § 442; 1892, § 1991; 1906, § 2167; Hemingway's 1917, § 1848; 1930, §§ 1786, 1804; 1942, §§ 3932, 3952; Laws, 1928, chs. 87, 227; Laws, 1940, ch. 230; Laws, 1950, ch. 291; Laws, 1968, ch. 361, § 65; Laws, 1970, ch. 397, § 1; Laws, 1970, ch. 398, § 2; Laws, 1981, ch. 497, § 1; Laws, 1993, ch. 481, § 2; Laws, 2004, ch. 505, § 10; Laws, 2005, ch. 323, § 1; Laws, 2006, ch. 447, § 1; Laws, 2006, ch. 573, § 2; Laws, 2006, ch. 577, § 1; Laws, 2007, ch. 476, § 1; Laws, 2010, ch. 398, § 1; Laws, 2012, ch. 329, § 4, eff. 7/1/2012.Amended by Laws, 2024, ch. 531, SB 2792,§ 1, eff. 1/1/2028.Amended by Laws, 2022, ch. 497, HB 719,§ 4, eff. 1/1/2028.Amended by Laws, 2022, ch. 497, HB 719,§ 4, eff. 1/1/2024.Amended by Laws, 2020, ch. 400, HB 1175,§ 1, eff. 6/29/2020.Amended by Laws, 2019, ch. 485, SB 2827,§ 5, eff. 1/1/2020.This section is set out more than once due to postponed, multiple, or conflicting amendments.