Current through the 2024 Regular Session.
Section 45-52-235.01 - Additional service of process fees; law enforcement fund(a) In addition to all other costs, fees, and charges required by law to be paid and collected in civil cases filed or pending in the Circuit Court or the District Court of Morgan County, there shall be collected by the clerk of the circuit or district court and remitted as provided in this section, the following: (1) An additional fee of fifteen dollars ($15) at the time of the issuance of a summons or alias summons in a civil action where personal service of the summons or alias summons is required or requested by the plaintiff.(2) An additional fee of fifteen dollars ($15) for each defendant service fee, witness subpoena, attachment, garnishment, or execution which is required to be paid and collected pursuant to Sections 12-19-73, 12-19-74, and 12-19-75.(3) An additional fee of fifteen dollars ($15) for each writ, order, notice, or other legal process other than those described in subdivisions (1) and (2) for each person, firm, corporation, or other legal entity on which the writ, order, notice, or other legal process is required or requested to be personally served by the Sheriff of Morgan County. In the event the request or direction for personal service is made by the court or other lawful authority on its motion, the clerk of the courts shall charge the fee as court costs and the fee shall be collected at the conclusion of the case as other court costs are collected from the party who is ordered by the court to be responsible for the payment of the court costs.(b) In addition to all other fees, charges, or costs levied or authorized to be collected by law, the Sheriff of Morgan County is authorized to charge and collect up to thirty dollars ($30) for each summons, subpoena, writ, or other civil process arising out of a civil or criminal action pending outside Alabama where the sheriff is requested to personally serve the summons, subpoena, writ, or other civil process. All fees collected by the sheriff under the authority provided by this subsection shall be deposited in the law enforcement fund referred to in subsection (c).(c) The fees collected by the clerk pursuant to subsection (a) shall be segregated and distributed on a monthly basis to the Sheriff of Morgan County who shall cause the same to be deposited to a law enforcement fund to be established in a bank in Morgan County and to be utilized exclusively for law enforcement purposes and to discharge the duties of the office of sheriff in such a manner as the sheriff in his or her discretion shall determine is in the public interest. On a monthly basis, the sheriff shall distribute to the Morgan County Commission for deposit to the Morgan County General Fund an amount equal to 20 percent of the funds distributed to the sheriff by the clerk pursuant to this section and 10 percent of the fees collected by the sheriff during the preceding month as authorized by subsection (b).(d) The establishment of the law enforcement fund and use of the proceeds arising under this section shall not diminish or take the place of any other source of income established for the sheriff or for the operation of the office of sheriff.Ala. Code § 45-52-235.01 (1975)
Act 2004-4, p. 869, §§ 1 - 4.