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Clerks, Court - As enacted, revises present law concerning court clerks' fees. - Amends TCA Title 8; Title 18; Title 55 and Title 67. Companion bill has been assigned Public Chapter Number 486 by the Secretary of State, the official text

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           ~tate of \!rennessee

           PUBLIC CHAPTER NO. 486

           HOUSE BILL NO. 487

           By Representatives Farmer, Hale

           Substituted for: Senate Bill No. 409

           By Senators Bailey, Hatcher

         AN ACT to amend Tennessee Code Annotated, Title 8; Title 18; Title 55 and Title 67,
relative to court clerks.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 8-21-401, is amended by deleting the
section in its entirety and substituting instead the following:

8-21-401.

          (a) Except as otherwise provided by law, the filing fees and costs provided in this
section in civil cases are chargeable and must be collected at the time the services are
requested from the clerk or other officer of the court; however, this section does not limit
the ability of a party to initiate a judicial proceeding by filing a pauper's oath. If 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 this section within ten (10) business days. If the party
fails to correct the party's non-compliance within ten (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. If payment of the clerk's
filing fees or costs would create a substantial hardship for a party, then the court is
encouraged to use the discretion provided in Rule 29 of the Rules of the Supreme Court
to find that the party is indigent, even if that party does not meet the Legal Services
Corporation's poverty guidelines. If a party, other than a party who initiated a judicial
proceeding under a pauper's oath, pays filing fees or costs at the time the services are
requested, such payment must be deemed to satisfy the requirement for security to be
given for filing fees or costs, pursuant to § 20-12-120. An attorney filing the judicial
proceeding must have the option to sign a cost bond in lieu of the party paying the
clerk's filing fees or costs at the time services are requested. The clerk shall not refuse to
file a judicial proceeding where the attorney has opted to sign a cost bond. In any judicial
proceeding where the clerk refuses to accept such cost bond in lieu of the party paying
the clerk's filing fees or costs, the clerk forfeits all filing fees or costs in that judicial
proceeding. These requirements for filing fees or costs to be paid or security provided
when services are requested from the clerk do not apply in criminal cases. The filing
fees and costs listed in this section do not include officer's fees as provided for in § 8-21-
901 and elsewhere. These filing fees and costs also do not include state and local
litigation taxes.

          (b) Filing Fees in Civil Cases in Circuit and Chancery Courts. The clerks of the
circuit and chancery courts shall charge a standard filing fee as set forth below:

FILING FEES IN CHANCERY AND CIRCUIT                  As of     As of    As of
                        COURTS                      January  January  January
                                                    1,2026    1,2027   1,2028

Enforcement of contracts; injunctions; personal     $275     $300     $325
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
HB487

       otherwise designated in this section or elsewhere
       by law

       Divorces involving minor children                    $250       $275          $300
                                                                       $200          $225
       Divorces that do not involve minor children          $175       $225          $250
                                                                       $225          $250
       Appeals from juvenile, general sessions, probate,    $200       $225          $250
       municipal courts, or administrative agencies         $200       $225          $250
       Transfers from foreign jurisdictions or              $200       $175          $200
       enforcement of foreign judgments                     $200       $175          $200
       Requests for writs of mandamus; quo warranto;                   $100          $100
       or writs of certiorari
       Condemnations or inverse condemnations                          $75.00        $75.00
                                                                       $42.00        $42.00
       Restoration of citizenship rights                    $150

       Delayed or corrected birth certificates              $150

       Adoptions; legitimations; paternity; termination of  $100
       parental rights; name changes; minor
       settlements; civil expungements as authorized by     $75.00
       law; orders of protection; emergency custody;        $42.00
       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
       bylaw

       Child support enforcements or modifications
       (including interstate support actions)
       Delinquent property tax (per parcel)

       (c) Filing Fees in Courts Administering Estates.

                 (1) The clerks of courts administering estates shall charge a standard
       filing fee as set forth below:

       FILING FEES IN COURTS ADMINISTERING                      As of         As of    As of
                               ESTATES                        January       January  January

                                                              1,2026         1,2027   1,2028

       Probate estates (including general administrations,    $275          $300     $325
       small estates, insolvent estates, and muniment of      $200
       title); conservatorships; or guardianships             $50.00        $200     $200
       Requests in probate estates to sell real property;     $100
       year's support, exempt property, or homestead;         $50.00        $50.00   $50.00
       insolvency; or interpretation
       Creditor claims against probate estates (this fee                    $100     $100
       shall also be the fee previously set forth in § 8-21-                $50.00   $50.00
       401 (c)(1 )(A) for purposes of filing a claim)
       Exceptions to any creditor claims against probate
       estates

       Mental health laws compiled under title 33

                 (2) The clerks of courts administering estates shall charge the standard
       costs as set forth below:

       COSTS IN COURTS ADMINISTERING                   As of           As of       As of
                           ESTATES
                                                    January 1,      January 1,  January 1,
                                                       2026            2027        2028

       For filing and docketing any request on an   $25.00          $25.00      $25.00

       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

                                                2
HB487

       purposes of filing a motion to transfer a    $20.00                   $20.00   $20.00
       guardianship or conservatorship)             $10.00
       For entering any order on an existing        $7.00                    $10.00   $10.00
       estate, other than closing order, not                                 $7.00    $7.00
       otherwise designated in this section or      $75.00
       elsewhere by law                                                      $75.00   $75.00
       For issuing each summons, subpoena,
       citation, writ, notice (including copies of
       process when required by law)
       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)
       For filing, reviewing, recording, and
       entering any accounting or settlement

       (d) Costs in Criminal Cases in Courts of Record.

                 (1) The clerks of the criminal courts of record shall charge the standard
       costs as set forth below:

       COSTS IN CRIMINAL COURTS OF RECORD                                      As of    As of     As of
                                                                             January  January   January

                                                                             1,2026    1,2027    1,2028

       Standard cost (per case, per defendant)                               $300     $300      $300
                                                                             $100     $100      $100
       Violation of probation or post-judgment actions
       other than expunctions                                                $75.00   $75.00    $75.00
       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

                 (2) The clerks may charge a cost of up to one hundred dollars ($100) for
       expunctions.

                 (3) Reimbursement from the state is limited to the fees and costs in effect
       prior to January 1, 2006.

                 (e) Filing Fees in Juvenile Courts. The clerks of the juvenile courts shall charge a
       standard filing fee as set forth below:

        FILING FEES IN JUVENILE COURTS I As of                                 As of     As of
                                                                             January   January
                                                                    January
                                                                              1,2027   1,2028
                                                             1,2026
                                                                             $100     $100
       Request to establish support or I $100
                                                                             $75.00   $75.00
       nonsupport; proceedings related to
       parentage; paternity cases; legitimations;                            $42.00   $42.00
       and any other type of actions not
       otherwise designated in this section or
       elsewhere by law

       Child support enforcements or I $75.00

       modifications (including interstate
       support actions}

       Traffic actions; consent orders; I $42.00

       diversions or nonjudicial disposition of
       juvenile cases; voluntary motions to
       grant custody; marriage waivers;
       attachments pro corpus; or bench
       warrants

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HB487

       Restricted licenses; drug screenings;        $25.00   $25.00 $25.00
       entering orders of appeal and taking         $62.00   $62.00 $62.00
       appeal bonds; entering judgments from
       appellate courts; entering orders allowing
       rehearina; or special pleas
       Delinquency; unruly actions; felony or
       misdemeanor judicial proceedings

       (f) Filing Fees in Civil General Sessions Courts.

                 (1) The clerks of the general sessions courts exercising civil jurisdiction
       shall charge a standard filing fee as set forth below:

       FILING FEES IN CIVIL GENERAL                   As of    As of    As of
                SESSIONS COURTS                     January  January  January

                                                    1,2026    1,2027   1,2028

       Enforcement of contracts; collections;       $50.00   $50.00   $50.00
       torts; citations; detainer warrants;
       appeals of decisions denying issuance of     $42.00   $42.00   $42.00
       handgun permits; and any other type of       $100     $100     $100
       action not otherwise designated in this
       section or elsewhere by law
       Short-term mental health commitments

       Orders of protection (shall be charged
       and collected in the manner provided in §
       36-3-617)

                 (2) When a general sessions court is exercIsIng concurrent civil
       jurisdiction with a court of record, the clerk shall charge the litigation taxes and
       costs applicable in courts of record.

       (g) Costs in Criminal General Sessions Courts.

                 (1) The clerks of the general sessions courts exercising criminal
       jurisdiction shall charge the standard costs as set forth below:

       COSTS IN CRIMINAL GENERAL                      As of    As of    As of
               SESSIONS COURTS                      January  January  January

                                                    1,2026    1,2027   1,2028

       Standard cost for cases not involving        $62.00   $62.00   $62.00
       traffic citations (per conviction, per       $42.00
       defendant)                                            $42.00   $42.00

       For cases involving traffic citations

       Failure to appear                            $40.00   $40.00   $40.00
                                                    $40.00   $40.00   $40.00
       Issuance of bench warrant, capias, or        $40.00
       other process to compel the defendant's               $40.00 $40.00
       attendance at the court                      $75.00
       Calling in surety (per each time a scire              $75.00 $75.00
       facias or other proceeding is instituted to
       bring in a surety, or make action against
       a bond for failure to appear)
       Requests for bonding company release
       from final forfeiture or requests to
       reinstate a driver license

                 (2) The clerks may charge a cost of up to one hundred dollars ($100) for
       expunctions.

                 (3) Reimbursement from the state is limited to the fees and costs in effect
       prior to January 1, 2006.

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HB487

                (h) Clerk's Commissions. The clerks of courts shall charge the standard
       commissions as set forth below:

       COMMISSIONS IN ALL COURTS   I As of                   As of     As of
                                                            January  January
                                    January 1,
                                                            1,2027    1,2028
                                        2026                         5%

       Except as otherwise provided, for I 5%               5%       10%
                                                            10%
       receiving and paying over all taxes,                          6.75%
       fines, forfeitures, fees, and                        6.75%    3%
       amercements                                          3%
       In counties having a population of more I 10%                 5%
       than seven hundred thousand                          5%
       (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

       For receiving and paying over all taxes I 6. 75%

       on litigation
       For selling real or personal property I 3%
       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)

       For investing funds as directed by court l 5%

       order (as a percentage of earnings)

       (i) Costs in all Courts.

       (1) The clerks of court shall charge the standard costs as set forth below:

       COSTS IN ALL COURTS                           As of    As of   As of
                                                   January  January  January

                                                   1,2026   1,2027   1,2028

       For issuing each original, alias, or plures $10.00   $10.00 $10.00
       subpoena or subpoena duces tecum

       For fulfilling a document request, other $0.50       $0.50    $0.50
       than an original filing and other than

       when preparing a record upon appeal
       (per page)

       For making certification and seal, $5.00             $5.00    $5.00
       providing a copy of an abstract, or
       providing driver license certification

       For preparing and acknowledging any $50.00           $50.00 $50.00
       deed or other instrument transferring
       ownership pursuant to court order

       For issuing summonses to empanel a $100              $100     $100
       iurv                                                 $25.00   $25.00

       Post-judgment fee per each occurrence       $25.00
       regardless of whether judgment is
       enforced by garnishment, execution,
       levy, or other process, including, but not
       limited to, interrogatories, publications,
       motions to set installment payments,
       orders, or pleas

       To re-open any closed case                  $75.00   $75.00   $75.00
                                                            $7.00    $7.00
       For conducting computer searches for $7.00
       any public record having a commercial
       value

       For receiving and any paying out funds $25.00        $25.00 $25.00
       paid into the court's registry pursuant to

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HB487

       an installment payment plan                   $300    $300    $300
                                                     $25.00  $25.00  $25.00
       For preparing a record on appeal from a       $25.00  $25.00  $25.00
       court of record to an appellate court         $100    $100    $100
       For preparing and causing a public
       notice to be published                        $75.00  $75.00 $75.00
       For preparing and filing each clerk's
       report
       For entry of an order directing the clerk
       to sell a property in a delinquent property
       tax judicial proceeding (per parcel)
       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 filinci)

                 (2) The clerks of court shall charge a cost of ten dollars ($10.00) for each
       requested continuance. Of this cost, the clerk shall deposit five dollars ($5.00)
       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. For each
       fiscal year, the court security committee, created by § 16-2-505(d)(2), shall
       develop and submit recommendations to the county legislative body regarding
       how such funds must be utilized. The clerk shall collect the costs for
       continuances at the conclusion of the judicial proceeding. If multiple litigants
       request a continuance, the judge may assess the costs to one (1) or more
       parties.

                 (3) For receiving funds paid into the court's registry on confirmation of
       private sales or other funds paid into the court's registry pursuant to court order,
       and collecting and paying out the proceeds, the cost is fifty dollars ($50.00). This
       cost also applies where there is a pre-judgment judicial attachment or similar
       process to bring property into the court's possession prior to judgment. This cost
       shall not apply to payments of proceeds made pursuant to court order to any
       person from funds held by the clerk, except for court orders concerning a
       redemption of delinquent taxes property sale; in such case, the fee must only be
       charged one (1) time against the total amount of proceeds generated from the
       sale of the property.

                 (4) The clerks have the authority to invest idle funds held under their
       control, not otherwise invested. The clerk shall invest such funds in financial
       institutions operating under the laws of the state or under the laws of the United
       States; provided, that such deposits are insured under the federal deposit
       insurance corporation. Such investments shall not exceed the amounts that are
       federally insured, unless otherwise fully collateralized under a written collateral
       agreement, or unless the funds are deposited with an institution that is a member
       of the state collateral pool. The clerk may invest funds in the local government
       investment pool administered by the state treasurer. The earnings on such
       investments must become part of the costs of the clerk and the clerk shall
       account for earnings received the same as with other costs received. As used in
       this subdivision (i)(4), "idle funds" means those funds the clerk holds pursuant to
       statute, local rules of court, or a court order that does not specifically direct the
       clerk to invest the funds. This subdivision (i)(4) does not relieve 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.

                 (5) Whenever the clerk is required by law or by a court to send
       documents by certified or registered mail, the clerk is entitled to recover the
       clerk's actual costs for mailing the documents.

       6
HB487

                              (6) For the purposes of determining the filing fees of the clerk, when any
                    party files a third-party complaint, counter-complaint, or cross-complaint, the
                    party filing the third-party complaint, counter-complaint, or cross-complaint must
                    be charged the same filing fee as was charged at the initiation of the original
                    judicial proceeding.

                    U) Earmarked Funds for Technology. Out of all the standard filing fees charged
          by the clerks of the courts, seven dollars ($7. 00) of each standard filing fee must be
          earmarked for technology and for other usual and necessary technology-related
          expenses at the discretion of the clerk. The clerk shall preserve these funds exclusively
          for these purposes and these funds shall not revert to the general fund at the end of a
          budget year, if unexpended.

                    (k) Costs in Extraordinary Cases. In any extraordinary cases, the clerk may
          petition the court to award reasonable costs, in excess of the amounts provided in this
          section, to reimburse the clerk for the additional services demanded by the judicial
          proceeding. In such judicial proceedings, the clerk may also petition the court to require
          an appropriate cost bond. For the purposes of this subsection (k), an extraordinary case
          means a case in which there are ten (10) or more parties.

                    (I) Charges to the State Unchanged. Notwithstanding this section to the contrary,
          any fees, costs, or commissions increased by this section that are assessed against the
          state or that otherwise represent a charge to the state in criminal cases, child support
          actions, mental health proceedings, judicial proceedings under the Tennessee Adult
           Protection Act, compiled in title 71, chapter 6, part 1, judicial proceedings with regard to
          child care licensing, and collection efforts brought by the department of human services,
           are limited to the amounts chargeable prior to January 1, 2006.

                     (m) Indigent Parties. A clerk is not permitted to collect any filing fee or cost
           authorized by this section without permitting any person the opportunity to institute a
          judicial proceeding by means of a pauper's oath, in accordance with Rule 29 of the
           Rules of the Supreme Court.

                     (n) Fees for Electronic Filing and Retrieval of Court Documents.

                               (1) In any court where electronic filing, signing, or verification of papers
                     has been authorized by local court rule and is in compliance with technological
                     standards established by the supreme court, clerks may assess a transaction fee
                     for each filing submitted by a party to the judicial proceeding. The transaction fee
                     is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty
                     dollars ($50.00) per judicial proceeding. As an alternative to a transaction fee,
                     clerks may assess an annual subscription fee for each registered user of the
                     electronic filing system. The subscription fee permits the registered user
                     unlimited electronic filings for a one-year period. The one-year period must be
                     defined by the clerk and must be consistently maintained for all registered users
                     of the electronic filing system. The annual subscription fee shall not exceed three
                     hundred dollars ($300) for each annual period. Each of these fees must be set in
                     an amount necessary to defray the expenses associated with implementation
                     and maintenance of the electronic filing and document retrieval system and must
                     be included in the local court rule authorizing it. Pursuant to subsection (I), these
                     fees shall not be assessed against the state.

                               (2) Pursuant to subsection (m), neither the transaction fee nor the
                     subscription fee must be assessed to a party declared indigent or to that indigent
                     party's legal representative.

                               (3) In any court where electronic filing, signing, or verification of papers
                     has been authorized by local court rule, the state and any department or
                     contractor of the state is not required to file documents electronically,
                     notwithstanding any local court rule.

                               (4) Neither the electronic filing transaction fee or subscription fee limit a
                     clerk's statutory authority to charge subscription fees or transaction fees for

                                                                 7
HB487

                    obtaining copies of documents maintained by the clerk as part of an electronic
                    filing system of a separate document management system.

                    (o) Orders of Protection. Notwithstanding this section to the contrary, the clerks
          of the courts shall collect filing fees, costs, litigation taxes, or any other 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 either
          such order in the manner provided in § 36-3-617.

                    (p) Clerks' Report. The Tennessee state court clerks association must file a
          report with the general assembly on or before December 31, 2028, proposing 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.

          SECTION 2. Tennessee Code Annotated, Section 8-21-408, is amended by deleting the
section in its entirety.

          SECTION 3. Tennessee Code Annotated, Section 8-21-409, is amended by deleting the
section in its entirety.

          SECTION 4. Tennessee Code Annotated, Section 8-21-801, is amended by deleting the
language "8-21-401 (i)(7)" and substituting "8-21-401 (h)".

          SECTION 5. Tennessee Code Annotated, Section 18-5-105, is amended by deleting the
language"§ 8-21-401(i)(8) or, if applicable,§ 8-21-409(e)(1)" and substituting"§ 8-21-401(i)(4)".

           SECTION 6. Tennessee Code Annotated, Section 55-4-603, is amended by deleting the
language"§ 8-21-401 (h)(2)" and substituting"§ 8-21-401 (h)".

           SECTION 7. Tennessee Code Annotated, Section 55-8-199, is amended by adding the
following as a new subdivision (c)(5):

                     (5) In addition to any other fine or fee, a person violating this section is subject to
           a five dollar ($5.00) administrative fee to be retained by the court clerk.

           SECTION 8. Tennessee Code Annotated, Section 67-4-602, is amended by adding the
 following as a new subsection (m):

                     (m)

                               (1) In addition to any other tax imposed by this chapter, there is levied a
                     privilege tax on litigation of two dollars ($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.

                               (2)

                                         (A) There is created a special account in the state treasury to be
                               known as the court clerk continuing education account, referred to as the
                               court clerk fund in this subsection (m).

                                         (B) Notwithstanding the apportionment of revenue formula in § 67-
                               4-606, there must be deposited in the court clerk fund proceeds from the
                               privilege tax on litigation imposed by subdivision (m)(1 ).

                               (3) Moneys in the court clerk fund may be invested by the state treasurer
                     in accordance with § 9-4-603.

                                (4) Notwithstanding any law to the contrary, interest accruing on
                     investments and deposits of the court clerk fund must be credited to the fund,
                     shall not revert to the general fund and must be carried forward into the
                     subsequent fiscal year.

                                                                  8
HB487
                              (5) Any balance remaining unexpended at the end of a fiscal year in the

                    court clerk fund shall not revert to the general fund but must be carried forward
                    into the subsequent fiscal year.

                              (6) Moneys in the court clerk fund may 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.
          SECTION 9. This act takes effect January 1, 2026, the public welfare requiring it.

                                                                 9
                     HOUSE BILL NO. 487

PASSED:  April21,2025

                          CAMERON SEXTON, SPEAKER
                          HOUSE OF REPRESENTATIVES

                       ~  1,. ~~'-&

                                 '       RANDY MCNALlY

                                 SPEAKER OF THE SENATE

:J..1 APPROVED this  ~ day of ~          2025

  iaH l

BILL LEE, GOVERNOR
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