Court Services Fees Regulation

Court Services Fees Regulation, M.R. 150/2021 The Court Services Fees Act , C.C.S.M. c. C297 Regulation 150/2021 Registered December 20, 2021 bilingual version (HTML) Table of Contents Section 1 Fees in Court of Appeal 2 Fees in Court of King's Bench 3 Miscellaneous fees 4 Sheriffs' fees 5 Fees for transcripts 6 Exceptions 7 Definition 8 Repeal 9 Coming into force Fees in Court of Appeal 1 The following fees are payable in connection with civil and family matters in the Court of Appeal: (a) filing a notice of appeal, cross appeal or other document instituting a proceeding Fees in Court of King's Bench 2(1) The following fees are payable in connection with civil matters and matters under The Provincial Offences Act in the Court of King's Bench: (a) filing a statement of claim, notice of application or other document commencing a proceeding for which a fee is not established under an Act 2(2) The following fees are payable in connection with family matters in the Court of King's Bench: (a) filing a petition for divorce, a petition, an application or a statement of claim 2(3) The following fees are payable in connection with probate matters in the Court of King's Bench: (a) filing a caveat Fees for general matters 2(4) The following fees are payable in connection with general matters in the King's Bench: (a) for filing or issuing any document not otherwise set out in this regulation including assignment of judgment, bond (including approval), certificate, certificate of divorce, conviction, notice of satisfaction, subpoena, warrant, writ or renewal of writ Miscellaneous fees 3 The following fees are payable for the services set below in the Court of Appeal, the Court of King's Bench and The Provincial Court: (a) research fee (plus photocopying): Sheriffs' fees 4(1) The following fees are payable for sheriff services set out below, other than for services in connection with a writ: (a) receiving, entering and endorsing an originating process, order, notice, warrant or other document, including return of the document 4(2) The following fees are payable to a sheriff for services in connection with writs: (a) for executing a writ, including (i) receiving, entering and endorsing a writ, (ii) up to six hours of time spent by a sheriff in executing writ, including travel time, (iii) administrative services including searches, affidavits, services, certification of documents, report writing and correspondence, sale notices, receiving, approving bonds or security taken, (iv) up to 100 kilometres of travel to execute the writ, from the place where the document is received by the sheriff effecting service to the place of service and return, Inclusive fee: $500; (b) additional time in excess of six hours spent by a sheriff in executing writ: at $80 per hour per sheriff; (c) additional mileage over 100 kilometres, at the same rate as paid by the government; (d) receiving, entering and endorsing renewal of writ 4(3) Additional costs relating to the execution of a writ, such as costs for advertising, storage or moving, are the responsibility of the person requesting execution of the writ. Fees for transcripts 5(1) The fees set out in this section are payable for transcripts of court proceedings. 5(2) The fees for a court transcript produced on paper are as follows: (a) for a transcript provided in the normal course of business (regular service) (i) for the first copy ordered, by a party, per page 5(3) The fees for a court transcript produced in an electronic format and delivered by e-mail are as follows: (a) for a transcript provided in the normal course of business (regular service): (i) for the first copy ordered by a party, per page 5(4) The fee for an extra copy of a court transcript produced on a data storage device is $25 per device, in addition to the applicable fee for the initial transcript. Exceptions 6(1) No fees are payable for the following services provided to a person who is receiving services under The Legal Aid Manitoba Act : (a) services provided by sheriffs, other than services relating to the execution of writs; (b) the filing of documents under section 1 or 2. 6(2) No fees are payable for filing restitution orders or documents relating to the enforcement of restitution orders. Definition 7 In this regulation, "writ" includes a writ of delivery, writ of possession, writ of seizure and sale, writ of execution and an attaching order. Repeal 8 The Court Services Fees Regulation , Manitoba Regulation 322/87 R, is repealed. Coming into force 9 This regulation comes into force on the day that Part 5 of The Court Practice and Administration Act (Various Acts Amended) , S.M. 2021, c. 40, comes into force.