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Rs 13:352 Fees; Bond Premiums; Equipment, Supplies, And Other Expenses; Reimbursement Of Expenses Of Judges Of Courts Of Appeal

§352. Fees; bond premiums; equipment, supplies, and other expenses; reimbursement of

expenses of judges of courts of appeal

A. The clerks of all of the courts of appeal shall charge the following fees:

(1) For filing the record of appeal, three hundred dollars.

(2) For filing an application for writs where the supervisory jurisdiction of the court

of appeal is invoked, one hundred fifty dollars.

(3) For any process issued or copies made in connection with appeals, the same fees

as are allowed the clerk of the district court where the court of appeal is domiciled.

(4) For copies of opinions or parts of the record made by the clerk, fifty cents per

page.

(5)(a) In all criminal cases, in all proceedings connected with criminal cases relating

to a violation of state law except for bond forfeiture proceedings, and in all appeals taken

from sentences imposed for the violation of municipal or parochial ordinances, the entire

costs of the clerks of the courts of appeal shall be twenty-five dollars which shall be paid by

the parish in which the cases or proceedings shall have originated, and in appeals from

sentences imposed for the violation of ordinances, shall be paid by the parish or municipality,

as the case may be, which shall have adopted the ordinance.

(b) If the inmate is sentenced to the actual physical control and custody of the

Department of Public Safety and Corrections, the department shall withdraw funds from an

inmate's drawing or savings account for the reimbursement of fees which have been paid by

the parish to a clerk of the court of appeal, upon presentation to the Department of Public

Safety and Corrections of a certified copy of the appeal or writ to a court of appeal of a

matter in which the inmate is a party, upon the written request or authorization of the inmate,

or upon order of a court of competent jurisdiction. All funds so collected shall be forwarded

to the parish which has paid the fee to the clerk of the court of appeal. The department shall

deduct the amount of the fee from the offender's drawing or savings account. Except as

otherwise authorized by law, the department shall prohibit withdrawals from the account

until the costs have been paid in full to the parish which has paid the cost of appeal.

(6) For any other miscellaneous civil matter, up to one hundred dollars. For filing an

application for rehearing from any civil appeal or supervisory writ, one hundred dollars.

B. Each court of appeal by a rule of court, may increase the fees provided in

Paragraphs (4), (5), and (6) of Subsection A of this Section.

C. From the fees collected by each clerk, he shall pay the premiums on the fidelity

bonds required under R.S. 13:351. The balance shall be retained and may be expended for

the purchase of stationery, books, furniture, equipment, to defray the expense of employment

benefits for court employees, including judges, and for other expenses in the operation of the

court and the clerk's office, as directed by the court. Additionally, any balance may be

expended to reimburse the judges of the courts of appeal for expenses related to their office

which are incurred while on official duty, payable out of the self-generated funds provided

for in this Section in an amount established annually by the Conference of the Court of

Appeal Judges, subject to final approval by the Supreme Court of Louisiana.

D. Title to all furniture and equipment purchased pursuant to the provisions of this

Section shall vest in the purchasing court.

E. Notwithstanding the provisions of Part XI of Chapter 1 of Title 39 of the

Louisiana Revised Statutes of 1950, upon termination of office, each judge having

possession of equipment or furniture purchased with the fees provided in this Section may

purchase such property with nonpublic funds at a cost of the standard depreciated value of

the property. The clerk, or presiding judge, or any judge by direction of the court, is

authorized to complete such sales, and the proceeds of the sales are to be retained by the

clerk and expended as provided for in this Section.

F. The provisions of this Section shall apply to all furniture and equipment in the

possession of the courts of appeal regardless of the date of acquisition.

Amended by Acts 1954, No. 600, §1; Acts 1960, No. 36, §1; Acts 1982, No. 573, §2,

eff. July 22, 1982; Acts 1984, No. 208, §1, eff. June 29, 1984; Acts 1986, No. 104, §1; Acts

1994, 3rd Ex. Sess., No. 98, §1; Acts 1999, No. 699, §1; Acts 2001, No. 750, §1, eff. June

25, 2001; Acts 2003, No. 824, §1; Acts 2012, No. 815, §1; Acts 2015, No. 264, §1, eff. July

1, 2015.

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
appeal
courts
fee
reimburse
clerk
writ
paid
fees
parish
cost