Monday, July 11, 2016

Why do clerks still collect the certified mail fee from e-filers? It's complicated...

After viewing our last post, Richard Mann pointed out via twitter that another oddity in e-filing fees:
Although e-filers are now handling all service for initial filings, the clerks still charge the amounts built into the filing fee for certified mail to defendants (or additional defendants, depending on the case type.)

The reason is that although the court rules have changed, these fees are set by the legislature, and the legislature can't change their statutes until they convene for the 2017 session in January.

The court has indicated that they plan to ask the legislature to amend the statutes as soon as possible. Until that occurs, the clerks are forced by the law to collect the fees, so please don't gripe to them- It's not their fault!

Also, please don't make the mistake of assuming that you don't have to take care of certified mail service when you e-file just because these fees are charged. If you e-file, you are responsible for making sure initial service occurs, not the clerk.

Richard Mann regularly tweets about many topics and recently published a nice summary of how the recent rule changes affect attorneys. His twitter feed is one of the resources we use to keep an eye on interesting developments in Indiana law. Follow him at https://twitter.com/RAMattorneys.

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