| CIVIL
FEES (Civil Rules of Procedure:
Rule 77(h).) |
 All filing fees shall be nonrefundable and shall cover costs, except Sheriff
's service, which shall be paid separately by the moving party to the
Sheriff.
As required by the State, effective December 1, 2007, the Prothonotary
shall collect a $10.00 Court Security Assessment Fee upon all initial
civil filings.
The filing fee shall cover the first forty (40) filings of an action.
An additional fee of $225.00 shall be paid after each increment of fifty
(50) filings is recorded.
A request for a trial date shall be accompanied by a nonrefundable fee
of $150.00 paid by the requesting party.
Fees do not include advertising costs which shall be billed directly to
the filing party.
The Prothonotary may refuse any filing for which the fees set forth in
the rule have not been paid. Whoever neglects or refuses to pay the fees
set forth in this rule for any service or services performed, for 10 days
after demand in writing by the officer to whom such fees are due, shall
be fined $25.00 in addition to the fees due. The Prothonotary may refuse
any filing from an attorney who fails, after second notice, to pay outstanding
fees. It shall be the obligation of the attorney to pay timely any court
costs or fees incurred by his client.
Fees and payments should be made out to: 'The State of Delaware.'
|
| Superior Court fees for the
services specified as follows: |
| COMPLAINTS |
Complaints for Damages
|
175.00 |
| Condemnation |
175.00 |
| Ejectments |
175.00 |
| Justice of the Peace Court Appeals |
175.00 |
| Automobile Arbitration Appeals |
175.00 |
| Declaratory Judgments |
175.00 |
| Foreign Judgments |
175.00 |
Replevins |
175.00 |
| Foreign Attachments |
175.00 |
| Domestic Attachments |
175.00 |
| Interpleaders |
175.00 |
| Transfers from Court of Chancery |
175.00 |
| Removals from Court of Common Pleas |
175.00 |
Amicable Actions
|
175.00 |
| |
|
| COMPLAINTS SUBJECT
TO SUMMARY PROCEEDINGS FOR COMMERCIAL DISPUTES |
The filing fee for complaints subject to Summary Proceedings for Commercial
Disputes shall be .005 times the amount in controversy, but not less than
$175.00 nor more than $5,000.
|
| MECHANIC'S LIENS
& MORTGAGES |
Mortgages
|
175.00 |
| Mechanic's Liens |
175.00 |
| |
|
| INVOLUNTARY
COMMITMENTS |
Involuntary Commitments
|
N/C
|
| APPEALS |
| Industrial Accident Board |
N/C |
| Unemployment Insurance Appeal Board |
N/C |
| Public Service Commission |
200.00 |
| Motor Vehicle |
175.00 |
| All Other Administrative Agencies |
175.00 |
| Court of Common Pleas |
175.00 |
| Certiorari |
175.00 |
| |
|
| MISCELLANEOUS
PETITIONS |
Complaints Requesting Orders
i.e. Return of Property, Subpoena Requests, Release
of Surplus Funds from Sale of Property, etc.
|
75.00
|
| Expungement of Criminal Record |
75.00 |
| Habeas Corpus |
N/C |
| Mandamus |
175.00 |
| Prohibition |
175.00 |
Judgment or Mortgage Complaints
i.e. To extend, renew, satisfy, vacate, set aside,
etc. |
175.00 |
| Appointment of Attorney |
N/C |
| Road Resolution |
20.00 |
| Tax Ditch, plus advertising costs |
175.00 |
| Possession of Property |
50.00 |
| Quo Warranto |
175.00 |
| Forma Pauperis |
N/C |
| Recording Bonds of Office |
10.00 |
| Recount of Vote |
175.00 |
| Road Vacation |
175.00 |
| |
|
| JUDGMENTS |
Transfers from Other State &
District Court
i.e. Justice of the Peace, Court of Common Pleas,
Family Court, U.S. District Court, Chancery Court
|
25.00
|
Administrative Agency
i.e. Department of Labor, Division of Revenue, etc.
Entering a judgment in Judgment Docket, except when
confessed under warrant of attorney |
25.00 |
| Rule 58.1 Confession Judgment |
175.00 |
| Rule 58.3 Execution of Judgment |
30.00 |
| Foreign Judgment (10 Del. C. § 4781) |
50.00 |
| Lien Extension by agreement of parties |
15.00 |
| City & County Monitions Tax Lien |
25.00 |
| Testatum (to transfer Judgment to another County) |
10.00 |
| Petition for Sheriff's Deed |
20.00 |
| Judgment marked to the use of another party |
10.00 |
| Power of Attorney for Prothonotary to satisfy
judgment |
20.00 |
| Abstract of Judgment from Justice of the Peace |
5.00 |
| Demolition Lien |
10.00 |
| Racketeering-Influenced/Corrupt Organization
(RICO) |
N/C |
| |
|
| EXECUTIONS |
Each Writ
i.e. Initial writ, alias, and any writ thereafter including,
but not
limited to fieri facias, venditioni exponas, levari facias,
order
of sale, writ of possession
|
50.00 |
| MISCELLANEOUS
SERVICES |
| Notary Certificate |
5.00 |
| Notary Commission (NEW) |
20.00 |
| Notary Commission (RENEWAL) |
10.00 |
| Notary Fee |
5.00 |
| Bad Check Processing Charge |
25.00 |
| Registration of Fictitious Name or
Business Name |
25.00 |
| Preparation of Appeal to Supreme Court |
100.00 |
| Certificate of Abatement |
10.00 |
Certified copy of any document
(not to exceed 3 pages without additional copy charge) |
10.00 |
Exemplified copy of any document
(not to exceed 3 pages without additional copy charge) |
25.00 |
| Subpoena issued by Prothonotary |
10.00 |
| Presigned numbered subpoenas |
N/C |
| Closed Case retrieval fee |
10.00 |
| Closed Case retrieval fee (expedited) |
25.00 |
| Jury Panel Listing |
25.00 |
| Request for Trial Date or Pretrial
Conference |
150.00 |
The cost for Special Juries shall
be as stated in the Plan
for Special Juries.
[See also: Superior Court
Civil Rule 3(e).]
|
|
| MEDIATION |
When a Superior Court Commissioner serves as a mediator, the fee for mediation
services shall be a minimum of two (2) hours at the rate of $150 per hour
of hearing time. Each party shall pay the party's share to the Prothonotary
within twenty (20) days of notice of the appointment of the Commissioner
as a mediator. It is the obligation of each attorney, or any party appearing
pro se, to timely pay the costs of ADR and any additional mediation fee
when billed. The Court may impose sanctions against any party who fails
to timely pay any fee required by this rule. The fee shall be deposited
to the General Fund.
|
| NON-FEE CHARGES |
Copy Charge (maximum per page) |
1.50
|
| Copy Charge—FAX (maximum per page) |
8.00 |
| |
|
| TRANSCRIPTS (Based on per-page rate. Effective May 11, 2003.) |
Original & 1 copy (normal) |
3.00 |
| Additional 1 copy (normal) |
2.00 |
| Original & 1 copy (expedited) |
5.00 |
| Additional 1 copy (expedited) |
3.00 |
| Original & 1 copy (daily/overnight) |
6.50 |
| Additional 1 copy (daily/overnight) |
4.00 |
Realtime **
** Plus mandatory transcript rate for
normal delivery. |
2.50 |
| |
 The Court may order parties
to pay other costs such as postage, printing, advertising, and lodging/meals
for jurors.
|
| |
| CRIMINAL
FEES (Criminal Rules of Procedure:
Rule 58.) |
| |
| As required by the State, effective December 1, 2007, the Prothonotary shall
collect a $10.00 Court Security Assessment Fee on all criminal and traffic
charges for which there is a conviction. |
| |
|
| Transfer from the Court of Common
Pleas |
100.00 |
| Appeals from Court of Common Pleas |
100.00 |
| Indictment by true bill w/o previous
commitment |
100.00 |
| New information from attorney general's
office |
100.00 |
| Appeals from Family Court |
100.00 |
| Transfer from Family Court |
100.00 |
| Appeals from inferior courts |
100.00 |
| Commitments from inferior courts |
100.00 |
| |
|
| TRANSCRIPTS (Based on per-page rate. Effective May 11, 2003.) |
| Original & 1 copy (normal) |
3.00 |
| Additional 1 copy (normal) |
2.00 |
| Original & 1 copy (expedited) |
5.00 |
| Additional 1 copy (expedited) |
3.00 |
| Original & 1 copy (daily/overnight) |
6.50 |
| Additional 1 copy (daily/overnight) |
4.00 |
Realtime ***
One party or agency
Two parties or agencies |
2.75
2.30 |
| |
*** Mandatory transcript not required except for
appeal or impeachment purposes. |
