STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
June 14, 1973
Gene Paul Kean
States Attorney, Minnehaha County
Sioux Falls, South Dakota 57501
OFFICIAL OPINION NO. 73-18
Clerks of courts' fees
Dear Mr. Kean:
You have asked for an opinion on the following questions:
1. How much is a clerk of courts to charge for filing an annulment of marriage case?
2. How much is a clerk of courts to charge for filing a separate maintenance case?
3. How much is the charge in each case above, when a default judgment is entered?
4. How much is the charge in each case above, when a judgment is entered if the matter is contested?
I am aware of the fact that all clerks do not charge the same fees for these services.
In my opinion, the proper fee to charge for an annulment case is set by SDCL 16-10-8(9) "Cases Tried to the Court."
An action for separate maintenance mayor may not be maintained with a request for a divorce. SDCL 25-4-40. If the action is brought without a request for a divorce, the fees would be covered by the aforesaid §16-10-8(9). If the action is for separate maintenance and a divorce, the fees would be covered under subsection (15), "Divorce Actions."
What you refer to as a default is, in essence, a non-contested case. The fee would be the same whether the case were contested or not.
Both actions would be subject to the county law library fee (SDCL 14-6-1) in those counties which have established the fee.
To summarize, the following fees should be charged:
FILING ANSWER TRIAL
ACTION SDCL FEE FEE FEE
Annulment 16-10-8(9) $5.00 $3.00
Maintenance without
divorce request 16-10-8(15) 5.00 5.00* or 5.00*
Maintenance with
divorce request 16-10-8(9) 5.00 3.00
PLUS Library Fee,
where applicable 14-6-1 1.50
*Defendant pays if an answer is filed, Plaintiff pays if the case is uncontested. Total fee is $10.00.
Respectfully submitted,
Kermit A. Sande
Attorney General
