Davis, 070318 ALAGO, AGO 2018-37

• Case Date: July 03, 2018
• Court: Alabama

Honorable Don Davis AGO 2018-37 No. 2018-037 Alabama Attorney General Opinion State of Alabama Office of the Attorney General July 3, 2018          Honorable Don Davis          Mobile County Probate Judge          Post Office Box 7          Mobile, Alabama 36601          Probate Judges - Copies - Fees -Court Costs - Circuit Courts -Mobile County          A probate court may assess a matter being removed from probate court to circuit court the per page fee amount set forth in section 12-19-90(b)(25) of the Code of Alabama.          Dear Judge Davis:          This opinion of the Attorney General is issued in response to your request.          QUESTION          Should a matter being removed from probate court to circuit court be assessed a per page fee pursuant to section 12-19-90(a) or (b)(22) of the Code of Alabama?          FACTS AND ANALYSIS          Your request states that a question has arisen as to the proper court costs to be assessed a matter at the time such matter is removed from probate court to circuit court. You state that the long-standing practice in Mobile County Probate Court has been to tax the party requesting removal of the case $2.50 per page of material reproduced at the time a copy of the file is transmitted to the circuit court pursuant to an order of removal issued by the circuit judge. You further note that this practice is based on section 12-19-90(b)(22) of the Code of Alabama. Ala. Code § 12-19-90(b)(22) (2012).          Section 12-19-90 of the Code of Alabama sets forth the schedule of fees for the judges of probate. Section 12-19-90(a) sets forth several fees for certain matters occurring in probate court. Ala. Code § 12-19-90(a) (2012). Nothing in subsection (a), however, provides a fee for the removal of a matter from probate court to circuit court. Section 12-19-90(b) delineates the appropriate fees to be assessed for services other than those specified in subsection (a). Ala. Code § 12-19-90(b) (2012). In particular, subsection (b)(22) provides a fee of $3.00 per page for filing and...