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48 Montana Attorney General Reports and Opinions 1 (1999-2000)

handle is hein.sag/sagmt0019 and id is 1 raw text is: VOLUME NO. 48 CLERKS - Authority to collect $20 fee to be applied to payment of salary of court reporter; COUNTY OFFICERS AND EMPLOYEES - Authority of clerk of district court to collect $20 fee to be applied to payment of salary of court reporter; FEES - Authority of clerk of district court to collect $20 fee to be applied to payment of salary of court reporter; MONTANA CODE ANNOTATED - Title 25, chapter 1; sections 7-4-2511, 25-1-202; MONTANA CONSTITUTION - Article VII, section 4(2); OPINIONS OF THE ATTORNEY GENERAL - 43 Op. Att'y Gen. No. 72 (1990), 42 Op. Att'y Gen. No. 56 (1988), 40 Op. Att'y Gen. No. 62 (1984), 37 Op. Att'y Gen. No. 128 (1978). HELD: A district court clerk must charge and collect the court reporter filing fee provided under Mont. Code Ann. § 25-1-202 when a civil appeal has been filed from a city or justice court. February 18, 1999 Mr. Thomas R. Scott Beaverhead County Attorney 2 South Pacific, CL #2 Dillon, MT 59725-2713 Dear Mr. Scott: You have asked my opinion on the following question: Must a district court clerk charge and collect the court reporter filing fee provided for under Mont. Code Ann. § 25-1-202 (1997) when an appeal has been filed from a city or justice court? In answering your question, I look first to the plain language of the statute. Stratemeyer v. Lincoln County, 276 Mont. 67, 915 P.2d 175 (1996) (a statute is to be construed according to its plain meaning). The statute reads in whole: Fee for court reporter. In addition to other filing fees, a fee of $20 must be paid to the clerk of the district court at the time of filing a civil action in the district court. The fee must be paid by the clerk into the treasury of the county where the action is filed, to be applied to the payment of the salary of the reporter. The prevailing party may have the amount paid by the prevailing party taxed in the bill of costs as proper disbursements. OPINION NO. 1

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