wa-law.org > bill > 2025-26 > HB 2686 > Original Bill
A petitioner may not be required to pay any fee or surcharge for the filing of a petition for dissolution of marriage if at any point during the marriage prior to the filing of the dissolution petition:
A full domestic violence protection order has been issued against the spouse who is named as the respondent in the petition for dissolution of marriage; or
The respondent spouse has been charged with a crime of domestic violence, as defined in RCW 10.99.020.
Upon request of the petitioner and at no cost to the petitioner, personal service of the summons and petition for dissolution of marriage must be made by law enforcement, including, at a minimum, two timely attempts at personal service, if at any point during the marriage prior to the filing of the dissolution petition:
A full domestic violence protection order has been issued against the spouse who is named as the respondent in the petition for dissolution of marriage; or
The respondent spouse has been charged with a crime of domestic violence, as defined in RCW 10.99.020.
After July 1, 2009, but no later than November 1, 2009, a county may, and to the extent state funding is provided to meet the minimum requirements of the program a county shall, create a program to provide services to all parties involved in proceedings under chapter 26.09 RCW. Minimum components of this program shall include: (a) An individual to serve as an initial point of contact for parties filing petitions for dissolutions or legal separations under chapter 26.09 RCW; (b) informing parties about courthouse facilitation programs and orientations; (c) informing parties of alternatives to filing a dissolution petition, such as marriage or domestic partnership counseling; (d) informing parties of alternatives to litigation including counseling, legal separation, and mediation services if appropriate; (e) informing parties of supportive family services available in the community; (f) screening for referral for services in the areas of domestic violence as defined in RCW 7.105.010, child abuse, substance abuse, and mental health; and (g) assistance to the court in superior court cases filed under chapter 26.09 RCW.
This program shall not provide legal advice. No attorney-client relationship or privilege is created, by implication or by inference, between persons providing basic information under this section and the participants in the program.
Except as provided in section 1 of this act, the legislative authority of any county may impose user fees or may impose a surcharge of up to $20 on only those superior court cases filed under this title, or both, to pay for the expenses of this program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. The program shall provide services to indigent persons at no expense.
Persons who implement the program shall be appointed in the same manner as investigators, stenographers, and clerks as described in RCW 26.12.050.
If the county has a program under this section, any petition under RCW 26.09.020 must allege that the moving party met and conferred with the program prior to the filing of the petition.
If the county has a program under this section, parties shall meet and confer with the program prior to participation in mediation under RCW 26.09.016.
Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.
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For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, and any party filing a counterclaim, cross-claim, or third-party claim in any such action, a fee of $36 must be paid.
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The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity of marriage shall pay, at the time and in addition to the filing fee required under RCW 36.18.020, a fee of $54. The clerk of the superior court shall transmit monthly $48 of the $54 fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining $6 shall be retained by the county for the purpose of supporting community-based domestic violence services within the county, except for five percent of the $6, which may be retained by the court for administrative purposes. On or before December 15th of each year, the county shall report to the department of social and health services revenues associated with this section and community-based domestic violence services expenditures. The department of social and health services shall develop a reporting form to be utilized by counties for uniform reporting purposes.
The filing fee in (b)(i) of this subsection does not apply to a petition for dissolution of marriage filed under the circumstances specified in section 1 of this act.
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The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of $125; if the demand is for a jury of 12, a fee of $250. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of 12, an additional $125 fee will be required of the party demanding the increased number of jurors.
Upon conviction in criminal cases a jury demand charge of $125 for a jury of six, or $250 for a jury of 12 may be imposed as costs under RCW 10.46.190.
For preparing a certified copy of an instrument on file or of record in the clerk's office, for the first page or portion of the first page, a fee of $5, and for each additional page or portion of a page, a fee of $1 must be charged. For authenticating or exemplifying an instrument, a fee of $2 for each additional seal affixed must be charged. For preparing a copy of an instrument on file or of record in the clerk's office without a seal, a fee of 50 cents per page must be charged. When copying a document without a seal or file that is in an electronic format, a fee of 25 cents per page must be charged. For copies made on a compact disc, an additional fee of $20 for each compact disc must be charged.
For executing a certificate, with or without a seal, a fee of $2 must be charged.
For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of $20 must be charged.
For filing a supplemental proceeding, a fee of $20 must be charged.
For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of $2 must be charged.
For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of $5.
For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.
For clerk's services such as performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed $30 per hour.
For processing ex parte orders, the clerk may collect a fee of $30.
For duplicated recordings of court's proceedings there must be a fee of $10 for each audiotape and $25 for each video or other electronic storage medium.
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For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of $200 must be charged. When the extension of judgment is at the request of the clerk, the $200 charge may be imposed as court costs under RCW 10.46.190.
A facilitator surcharge of up to $20 must be charged as authorized under RCW 26.12.240.
For filing an adjudication claim under RCW 90.03.180, a fee of $25 must be charged.
For filing a claim of frivolous lien under RCW 60.04.081 or 60.90.130 or filing an action to release a lien under RCW 60.90.090 and 60.90.140, a fee of $35 must be charged.
For preparation of a change of venue, a fee of $20 must be charged by the originating court in addition to the per page charges in subsection (4) of this section.
A service fee of $5 for the first page and $1 for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
For preparation of clerk's papers under RAP 9.7, a fee of 50 cents per page must be charged.
For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.
Investment service charge and earnings under RCW 36.48.090 must be charged.
Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.
For filing a request for civil arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed $250 as established by authority of local ordinance. $220 of this charge shall be used to offset the cost of the civil arbitration program. $30 of each fee collected under this subsection must be used for indigent defense services.
For filing a request for trial de novo of a civil arbitration award, a fee not to exceed $400 as established by authority of local ordinance must be charged.
A public agency may not charge a fee to a law enforcement agency, for preparation, copying, or mailing of certified copies of the judgment and sentence, information, affidavit of probable cause, and/or the notice of requirement to register, of a sex offender convicted in a Washington court, when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex offender's registration file.
For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of $20 must be charged.
A surcharge of up to $20 may be charged in dissolution and legal separation actions as authorized by RCW 26.12.260. The surcharge may not be charged for a petition for dissolution of marriage filed under the circumstances specified in section 1 of this act.
The revenue to counties from the fees established in this section shall be deemed to be complete reimbursement from the state for the state's share of benefits paid to the superior court judges of the state prior to July 24, 2005, and no claim shall lie against the state for such benefits.
Revenue collected under this section is subject to division with the state under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070, except as provided in subsections (5) and (6) of this section.
Clerks of superior courts shall collect the following fees for their official services:
In addition to any other fee required by law, the party filing the first or initial document in any civil action, including, but not limited to an action for restitution, adoption, or change of name, and any party filing a counterclaim, cross-claim, or third-party claim in any such civil action, shall pay, at the time the document is filed, a fee of $200 except:
In an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of $45. The $45 filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action;
In proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee; or
In a dissolution of marriage action where the petitioner shall not pay a filing fee if the petition for dissolution of marriage is filed under the circumstances provided in section 1 of this act.
Any party, except a defendant in a criminal case, filing the first or initial document on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the document is filed, a fee of $200.
For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of $200.
For filing of a petition for an antiharassment protection order under RCW 7.105.100 a filing fee of $53.
For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of $200.
In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first document therein, a fee of $200.
For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of $200.
Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, an adult defendant in a criminal case shall be liable for a fee of $200, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.01.160(3). Upon motion by the defendant, the court may waive or reduce any fee previously imposed under this subsection if the court finds that the defendant is indigent as defined in RCW 10.01.160(3).
No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 7.105.115.
No fee shall be collected when an abstract of judgment is filed by the county clerk of another county for the purposes of collection of legal financial obligations.
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In addition to the fees required to be collected under this section, clerks of the superior courts must collect surcharges as provided in this subsection (5) of which 75 percent must be remitted to the state treasurer for deposit in the judicial stabilization trust account and 25 percent must be retained by the county.
On filing fees required to be collected under subsection (2)(b) of this section, a surcharge of $30 must be collected.
On all filing fees required to be collected under this section, except for fees required under subsection (2)(b), (d), and (h) of this section and except as provided in section 1 of this act, a surcharge of $40 must be collected.
On filing fees required to be collected under subsection (2)(a), (b), (c), (e), (f), and (g) of this section, except as provided in section 1 of this act, a surcharge of $50 must be collected and $45 of such surcharge must be transmitted by the county treasurer to the state treasurer to be deposited in the following manner: $20 in the Washington state legacy project, state library, and archives account and $25 in the judicial stabilization trust account. The remaining funds must be retained by the county to be used for the county clerk's office operations, including administering the surcharge.
Sheriffs shall collect the following fees for their official services:
For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one defendant at any location, $10, and on two or more defendants at the same residence, $12, besides mileage. The sheriff may not collect a fee for service of summons and petition pursuant to section 1 of this act;
For making a return, besides mileage actually traveled, $7;
For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, $30 per hour;
For filing copy of writ of attachment or writ of execution with auditor, $10 plus auditor's filing fee;
For serving writ of possession or restitution without aid of the county, besides mileage, $25;
For serving writ of possession or restitution with aid of the county, besides mileage, $40 plus $30 for each hour after one hour;
For serving an arrest warrant in any action or proceeding, besides mileage, $30;
For executing any other writ or process in a civil action or proceeding, besides mileage, $30 per hour;
For making a deed to lands sold upon execution or order of sale or other decree of court, to be paid by the purchaser, $35;
For making copies of papers when sufficient copies are not furnished, $1 for first page and 50 cents per each additional page;
For the service of any other document and supporting papers for which no other fee is provided for herein, $12;
For posting a notice of sale, or postponement, $10 besides mileage;
For certificate or bill of sale of property, or certificate of redemption, $30;
For conducting a sale of property, $30 per hour spent at a sheriff's sale;
For notarizing documents, $5 for each document;
For fingerprinting for noncriminal purposes, $10 for each person for up to two sets, $3 for each additional set;
For mailing required by statute, whether regular, certified, or registered, the actual cost of postage;
For an internal criminal history records check, $10;
For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost including personnel time.
Fees allowable under this section may be recovered by the prevailing party incurring the same as court costs. Nothing contained in this section permits the expenditure of public funds to defray costs of private litigation. Such costs shall be borne by the party seeking action by the sheriff, and may be recovered from the proceeds of any subsequent judicial sale, or may be added to any judgment upon proper application to the court entering the judgment.
Notwithstanding subsection (1) of this section, a county legislative authority may set the amounts of fees that shall be collected by the sheriff under subsection (1) of this section to cover the costs of administration and operation, except that the sheriff may not collect any fee for service of summons and petition pursuant to section 1 of this act.
The fines imposed by this section do not apply to juvenile offenders.