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Civil Procedure (Amendment) Act 2013

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

34^TH CONSTITUTIONAL REGULAR SESSION, 2013

BILL NO: 40

P.L. 2013-22

CIVIL PROCEDURE (AMENDMENT) ACT 2013

AN ACT

To amend the Civil Procedure Act, 29 MIRC 1, to increase the fees and costs that may be recovered for serving process to reflect the increase in costs since the current fees and costs were originally set in the 1966 Trust Territory Code.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS:

Section 1: Short Title.

This Act may be cited as the Civil Procedure (Amendment) Act, 2013.

Section 2: Amendment.

(1) Section 105 of the Civil Procedure Act, 29 MIRC Chapter. 1, is amended to read as follows:

§105. Fees.

A chief of police, police officer or person authorized to execute or serve process, other than a member of the Marshall Islands Police Force or Local Government Police Force executing or serving a process in a criminal or civil contempt proceedings, or in juvenile delinquency proceedings, shall be entitled to collect the following fees for duties performed by him or her:

(a) for serving any form of process,$5.00 plus 0.25 cents per mile for any travel actually performed and necessary in connection with the service. Any process delivered to a chief of police or any police officer shall be sent by him or her to a police officer who is located where the officer can serve it more quickly or with less travel;

(b) for levying a writ of execution and making a sale thereunder, the fees provided above for serving of any process, plus $25.00 for conducting the sale, and 0.05 cents for every dollar collected up to $50.00, and 0.02 cents for every dollar collected over $50.00; and

(c) in addition to the above, a chief of police shall be allowed actual, reasonable and necessary expenses for caring for any property seized under an attachment or levy of execution; provided, however, that no caretaker or watchman shall be allowed in excess of $24.00 for each twelve (12) hours of service.

(2) Section 107 of the Civil Procedure Act, 29 MIRC Chapter 1, is amended to read as follows:

§107. Disposition of proceeds.

Any person authorized to serve or execute process, shall be entitled to retain for his or her own use the fees authorized in this Division, provided, however, all fees collected by a police officer for travel shall be remitted to the government agency providing the vehicle for service.

Section 3: Effective Date.

This Act shall take effect on the date of certification in accordance with Article IV, Section 21 of the Constitution and Rules of Procedures of Nitijela.

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