HomeMy WebLinkAboutAgenda - 09-20-1995 - V-A 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: SEPTEMBER 20, 1995
Action A enda
Item #
SUBJECT: RESOLUTION--SHERIFF PROCESSING FEES (OUT OF NORTH CAROLINA)
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _X—No
ATTACHMENT(S) : INFORMATION CONTACT:
RESOLUTION MANAGER'S OFFICE, EXTENSION 2300
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To adopt a resolution that would allow the sheriff to
charge $50 for service of civil process issued by
federal courts and states other than North Carolina.
BACKGROUND:
RECOMMENDATION: The Manager recommends that the Board of Commissioners
adopt the attached resolution effective October 1,
1995.
2
RESOLUTION FOR ORANGE COUNTY WITH RESPECT TO THE FEES TO BE
CHARGED BY THE SHERIFF FOR SERVICE OF PROCESS ORIGINATING
OUTSIDE OF THE GENERAL COURT OF JUSTICE OR OTHER NORTH
CAROLINA COURTS OR AGENCIES
WHEREAS, North Carolina General Statute Section 153A-102
grants to the Board of Commissioners the power to fix the
fees and commissions charged by county officers and employees
for performing services or duties permitted or required by
law;
WHEREAS, the Sheriff and his deputies are permitted, but not
required, to serve summons and complaints and other legal
process issued by the federal courts and courts of the
several states, other than North Carolina; and
WHEREAS, the provisions of North Carolina General Statute
Section 7A-311 which set uniform fees for service of civil
process only apply to process issued by the courts of North
Carolina;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY: In any civil action or special proceeding arising in
the federal courts or in a court of one of the several states
other than the State of North Carolina, the following fees
shall be assessed, collected and remitted to the county:
Effective October 1, 1995, for each item of civil process,
including summons and complaints, subpoenas, notices,
motions, orders and pleadings served, fifty dollars ($50. 00) .
When two or more items of civil process are served
simultaneously on one party, only one fifty dollar ($50. 00)
fee shall be charged.
When an item of civil process is served on two or more
persons or organizations, a separate service charge shall be
made for each person or organization.
This resolution shall not apply to any process issued by the
North Carolina General Court of Justice or any other court,
administrative body or agency of the State of North Carolina
or any of its political subdivisions.
Moses Carey, Jr. , Chair