SB 409

ON APRIL 16, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 487, AS AMENDED. AMENDMENT #1 rewrites this bill to revise present law concerning court clerks' fees. Present law provides that costs generally may be collected at the time the services are requested from the clerk or other officer of the co urt . This amendment provides that the costs must be collected at such times, except as otherwise provided by law. This amendment adds to present law that, i f a party requests services from the clerk but fails to pay the applicable filing fees at the time of the request, then the clerk shall give notice to the party and counsel of record, if any, of the party's non-compliance with payment within 10 business days. If the party fails to correct the party's non-compliance within 10 business days of the date of the notice of non-compliance, then the clerk may move the court for relief, up to and including striking a filing or dismissing the judicial proceeding . This amendment does not change present law concerning parties proceeding under a pauper's oath, enc ouraging judges to find a party indigent, and attorney cost bonds. This amendment revises the schedule of fees charged by court clerks. Some of the fees are unchanged from present law, while some are increased incrementally over the next three calendar years, as stated in the following charts: FILING FEES IN CHANCERY AND CIRCUIT COURTS As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 Enforcement of contracts; injunctions; personal injury and property damage; malpractice; health care liability; wrongful death; employment and all other forms of discrimination; will contests; in solemn form probate administrations; civil rights; tax disputes; special remedies; property disputes; and any other type of judicial proceedings not otherwise d e signated in this section or elsewhere by law $275 $300 $325 Divorces involving minor children $250 $275 $300 Divorces that do not involve minor children $175 $200 $225 Appeals from juvenile, general sessions, probate, municipal courts, or administrative agencies $200 $225 $250 Transfers from foreign jurisdictions or enforcement of foreign judgments $200 $225 $250 Requests for writs of mandamus; quo warranto; or writs of certiorari $200 $225 $250 Condemnations or inverse condemnations $200 $225 $250 Restoration of citizenship rights $150 $175 $200 Delayed or corrected birth certificates $150 $175 $200 Adoptions; legitimations; paternity; termination of parental rights; name changes; minor settlements; civil expungements as authorized by law; orders of protection; emergency custody; requests for removal from custody; contempts; modifications of parenting plan; and any other domestic relations judicial proceedings not otherwise designated in this section or elsewhere by law $100 $100 $100 Child suppor t enforcements or modifications (including interstate support actions) $75.00 $75.00 $75.00 Delinquent property tax (per parcel) $42.00 $42.00 $42.00 FILING FEES IN COURTS ADMINISTERING ESTATES As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 Probate estates (including general administrations, small estates, insolvent estates, and muniment of title); conservatorships; or guardianships $275 $300 $325 Requests in probate estates to sell real property; year's support, exempt property, or homestead; insolvency; or interpretation $200 $200 $200 Creditor claims against probate estates (this fee shall also be the fee previously set forth in § 8-21-401(c)(1)(A) for purposes of filing a claim) $50.00 $50.00 $50.00 Exceptions to any creditor c laims against probate estates $100 $100 $100 Mental health laws compiled under title 33 $50.00 $50.00 $50.00 COSTS IN COURTS ADMINISTERING ESTATES As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 For filing and docketing any request on an existing estate, other than a request to close the estate, not otherwise designated in this section or elsewhere by law (this fee shall also be the fee previously set forth in § 8-21-401(c)(6) for purposes of fili ng a motion to transfer a guardianship or conservatorship) $25.00 $25.00 $25.00 For entering any order on an existing estate, other than closing order, not otherwise designated in this section or elsewhere by law $20.00 $20.00 $20.00 For issuing each summons, subpoena, citation, writ, notice (including copies of process when required by law) $10.00 $10.00 $10.00 For filing any document not otherwise designated in this section or elsewhere by law (this fee shall also be the fee previously set forth in § 8-21-401(c)(9) for purposes of notices pursuant to a claim by a personal representative) $7.00 $7.00 $7.00 For filing, reviewing, recording, and entering any accounting or settlement $75.00 $75.00 $75.00 COSTS IN CRIMINAL COURTS OF RECORD As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 Standard cost (per case, per defendant) $300 $300 $300 Violation of probation or post-judgment actions other than expunctions $100 $100 $100 Criminal contempt actions (including criminal contempt proceedings in civil courts); failure to appear; request for bonding company release from final forfeiture; request to reinstate a driver license; or requests for relief $75.00 $75.00 $75.00 FILING FEES IN JUVENILE COURTS As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 Request to establish support or nonsupport; proceedings related to parentage; paternity cases; legitimations; and any other type of actions not otherwise designated in this section or elsewhere by law $100 $100 $100 Child support enforcements or modifications (including interstate support actions) $75.00 $75.00 $75.00 Traffic actions; consent orders; diversions or nonjudicial disposition of juvenile cases; voluntary motions to grant custody; marriage waivers; attachments pro corpus; or bench warrants $42.00 $42.00 $42.00 Restricted licenses; drug screenings; entering orders of appeal and taking appeal bonds; entering judgments from appellate courts; entering orders allowing rehearing; or special pleas $25.00 $25.00 $25.00 Delinquency; unruly actions; felony or misdemeanor judicial proceedings $62.00 $62.00 $62.00 FILING FEES IN CIVIL GENERAL SESSIONS COURTS As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 Enforcement of contracts; collections; torts; citations; detainer warrants; appeals of decisions denying issuance of handgun permits; and any other type of action not otherwise designated in this section or elsewhere by law $50.00 $50.00 $50.00 Short-term mental health commitments $42.00 $42.00 $42.00 Orders of protection (shall be charged and collected in the manner provided in § 36-3-617) $100 $100 $100 COSTS IN CRIMINAL GENERAL SESSIONS COURTS As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 Standard cost for cases not involving traffic citations (per conviction, per defendant) $62.00 $62.00 $62.00 For cases involving traffic citations $42.00 $42.00 $42.00 Failure to appear $40.00 $40.00 $40.00 Issuance of bench warrant, capias, or other process to compel the defendant's attendance at the court $40.00 $40.00 $40.00 Calling in surety (per each time a scire facias or other proceeding is instituted to bring in a surety, or make action against a bond for failure to appear) $40.00 $40.00 $40.00 Requests for bonding company release from final forfeiture or requests to reinstate a driver license $75.00 $75.00 $75.00 COMMISSIONS IN ALL COURTS As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 Except as otherwise provided, for receiving and paying over all taxes, fines, forfeitures, fees, and amercements 5% 5% 5% In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, for receiving and paying over all taxes, fines, forfeitures, fees, and amercements 10% 10% 10% For receiving and paying over all taxes on litigation 6.75% 6.75% 6.75% For selling real or personal property under court order, and receiving into the court's registry, collecting, and paying out the proceeds (the clerk shall collect the sheriff's fee for each party in a proceeding to sell real property) 3% 3% 3% For investing funds as directed by court order (as a percentage of earnings) 5% 5% 5% COSTS IN ALL COURTS As of January 1, 2026 As of January 1, 2027 As of January 1, 2028 For issuing each original, alias, or plures subpoena or subpoena duces tecum $10.00 $10.00 $10.00 For fulfilling a document request, other than an original filing and other than when preparing a record upon appeal (per page) $0.50 $0.50 $0.50 For making certification and seal, providing a copy of an abstract, or providing driver license certification $5.00 $5.00 $5.00 For preparing and acknowledging any deed or other instrument transferring ownership pursuant to court order $50.00 $50.00 $50.00 For issuing summonses to empanel a jury $100 $100 $100 Post-judgment fee per each occurrence regardless of whether judgment is enforced by garnishment, execution, levy, or other process, including, but not lim ited to, interrogatories, publications, motions to set installment payments, orders, or pleas $25.00 $25.00 $25.00 To re-open any closed case $75.00 $75.00 $75.00 For conducting computer searches for any public record having a commercial value $7.00 $7.00 $7.00 For receiving and any paying out funds paid into the court's registry pursuant to an installment payment plan $25.00 $25.00 $25.00 For preparing a record on appeal from a court of record to an appellate court $300 $300 $300 For preparing and causing a public notice to be published $25.00 $25.00 $25.00 For preparing and filing each clerk's report $25.00 $25.00 $25.00 For entry of an order directing the clerk to sell a property in a delinquent property tax judicial proceeding (per parcel) $100 $100 $100 For filing and docketing any request for redemption of a parcel of property or to claim excess sale proceeds in a delinquent property tax judicial proceeding (per request to be paid by the requesting party at the time of filing) $75.00 $75.00 $75.00 This amendment also changes the following fees charged by court clerks: (1) The fee for continuances is increased from $5.00, plus a $2.00 courtroom security enhancement fee, to $10.00, $5.00 of which must be deposited into the county general fund to be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county; (2) The fee for receiving funds paid into court on confirmation of private sales or other funds paid into the clerk p ursuant to court order, and collecting and paying out the proceeds, is increased from $40.00 to $50.00; and (3) Presently, $4.00 of the general filing fees is earmarked for court clerks' computer-related expenses. This amendment increases such amount to $7.00. Present law authorizes court clerks to invest idle funds held under their control, not otherwise invested. This amendment defines "idle funds"" to mean those funds the clerk holds pursuant to statute, local rules of court, or a court order that d oes not specifically direct the clerk to invest the funds. This amendment specifies that the general authorization to invest idle funds does not relie ve the clerks from the responsibility of investing funds held under their control pursuant to court order or local rules of court directing the clerk to invest funds, and the earnings on those investments must accrue to the benefit of those directed by the court or by agreement of the parties to the judicial proceeding. Present law authorizes court clerks t o petition the court to award reasonable costs in e xtraordinary c ases. Under present law, an extraordinary case is a case in which there are 10 or more plaintiffs or 10 or more defendants . This amendment redefines extraordinary cases to mean a case in wh ich there are 10 or more parties. This amendment reiterates that costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal, or enforcement of an ex parte order of protection, order of protection, or a petition for ei ther such order, will be assessed pursuant to present law, which requires that the costs are assessed against the respondent if the court grants the petitioner's request and may only be assessed against a petitioner who is not awarded the requested relief if the court finds that the petitioner is not a victim and knowingly made a false allegation of an offense. This amendment requires the Tennessee state court clerks association to file a report with the general assembly on or before December 31, 2028, pr oposing any increases in the fees, costs, or commissions provided in this section; provided, however, that this section does not prohibit any increases prior to December 31, 2028. This amendment deletes present law authorization for court clerks in David son, Knox, and Shelby counties to charge an addition fee of up to $5.00 for computer searches for public records having commercial value. This amendment imposes a $5.00 administrative fee on a person who violates the prohibition against using a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle, the proceeds of which will be retained by the court clerk. This amendment levies a privilege tax on litigation of $2.00 in all civil and criminal cases instituted in the county, other than those instituted in juvenile or municipal courts, for the purposes of court clerk education. This amendment creates a special account in the state treasury to be known as the court clerk continuing education account . The proceeds from the privilege tax must be deposited in the court clerk fund to be expended by the state court clerks' conference only in accordance with annual appropriations approved by the general assembly for the development and presentation of continuing education programs, courses, and conferences for court clerks in this state. The provisions of this amendment take effect January 1, 2026."