Section 12-19-70 - Circuit and district court docket fee - Creation; collection; waiver and taxation as costs at conclusion of case; findings; notice(a) There shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed in circuit court or in district court.(b) The docket fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship pursuant to the income guidelines provided in paragraphs a. and b. of subdivision (4) of Section 15-12-1. A verified statement of substantial hardship, signed by the party claiming hardship, shall be filed with the clerk of court. The accompanying pleading shall be considered filed on the date that the verified statement of substantial hardship is filed with the court. If, within 90 days of the filing, the court makes a written finding that the party claiming hardship has the resources to pay the docket fee without substantial hardship, the party shall have 30 days from the date of the written finding of the court to submit payment of the docket fee or the case shall be dismissed for lack of jurisdiction. Until such time as the plaintiff pays the docket fee, the court shall stay the proceedings and the summons or other process for service shall not issue.(c) If, within 90 days of the filing, the court does not make a written finding that the party claiming hardship has the resources to pay the fee without substantial hardship, the hardship shall be deemed granted.(d) If a hardship is granted pursuant to subsection (c), the party claiming the hardship shall file written notice with the clerk's office that 90 days has passed since the time of filing the affidavit of substantial hardship. Failure of the party claiming the hardship to file the notice under this subsection shall have no effect upon the granting of the affidavit of substantial hardship or the date the accompanying pleading shall be considered filed.(e) Pursuant to the notice requirement under subsection (d), the clerk of the court shall provide a form notice to the party filing an affidavit of substantial hardship and accompanying pleading. The notice shall be in substantially the following form: "I, (insert name of affiant), declare that on (insert date the affidavit of substantial hardship and accompanying pleading were filed), I filed an affidavit of substantial hardship and (insert name of accompanying pleading). As of (insert 90-day expiration date), the court has not made a written finding that I have the resources to pay the fee without substantial hardship and I hereby notify the clerk of the court that my affidavit of substantial hardship is deemed granted by law.
"________________________ (Signature of Affiant)"
(f) Notwithstanding subsection (d), if the clerk of the court receives verbal or written notice from any party, the court, or other means, that a hardship has been granted pursuant to subsection (c), the clerk shall enter the notice and docket the pleading.Ala. Code § 12-19-70 (1975)
Amended by Act 2019-373,§ 1, eff. 6/5/2019.Acts 1975, No. 1205, p. 2384, §16-110.