Sponsored by:
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Eliminates filing fees for settlement proceedings involving minors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning filing fees for certain cases and amending N.J.S.22A:2-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.22A:2-6 is amended to read as follows:
22A:2-6. Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk $200.00 for the first paper filed by him, which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk $200.00 for the first paper filed by him. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk $135.00 for the first paper filed by him.
Any person filing a motion in any action or proceeding shall pay to the clerk $30.00.
Notwithstanding the provisions of this section, or any otherwise applicable rule of court, there shall be no filing or other court fee in connection with a proceeding in the Law Division of the Superior Court to settle a personal injury matter involving a minor.
(cf: P.L.2002, c.34, s.26)
2. This act shall take effect immediately.
STATEMENT
This bill eliminates filing or other court fees for initiating a proceeding in the Law Division of the Superior Court to settle a personal injury matter involving a minor. At present, in personal injury matters, legal action initiated by a parent or guardian prior to the child turning 18 years of age may be settled at a “friendly hearing” where the court examines the settlement proposal agreed to by the parties to determine if the agreement is fair and reasonable; the court may either approve or reject the proposal. This bill would eliminate the fees associated with bringing the matter before the court for consideration.