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Legal Research

: BRB's Public Records Blog

Arizona Courts - Document Retrieval Fee Inconsistencies at JP Level

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A huge inconsistency exists for fees charged by Arizona's limited jurisdiction Justice Courts. In Arizona there is a mandated fee of $24.00 that Justice Courts are required to charge the public when asked to do a name search. But there is no mandated fee when the public asks for a specific case file. However, at least 28 (approx. 1/3) of the Justice Courts charge an additional $24.00 when asked to pull a specific case file.

 

These courts are charging this fee when the specific case number or docket number is given to the clerk and there was no search performed. So, if a search is done first then the public asks to see a file, the charge could be $48.00.



Depending on the court, the $24.00 file charge is based sometimes on a per case basis, sometimes on a per name basis, and sometimes simply at the discretion of the court personnel at the counter.

 

This fee interpretation is not per the guidelines of the Administrative Offices of the Courts (AOC). Also, this charge for pulling document is not a procedure followed by the AZ Superior Courts. Reportedly, the AOC is considering implementation of a statewide fee schedule/regulation that would give specific mandates to these limited jurisdiction courts and thus would supposedly halt this practice.

Full post as published by BRB's Public Records Blog on March 11, 2010 (boomark / email).

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