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Agenda - 09-20-1995 - V-A
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Agenda - 09-20-1995 - V-A
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BOCC
Date
9/20/1995
Meeting Type
Regular Meeting
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Agenda
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V-A
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Minutes - 19950920
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\Board of County Commissioners\Minutes - Approved\1990's\1995
RES-1995-045 Resolution for Orange County with Respect to the Fees to be Charged by the Sheriff for Service of Process Originating Outside of the General Court of Justice or Other North Carolina Courts or Agencies
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\Board of County Commissioners\Resolutions\1990-1999\1995
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2 <br /> RESOLUTION FOR ORANGE COUNTY WITH RESPECT TO THE FEES TO BE <br /> CHARGED BY THE SHERIFF FOR SERVICE OF PROCESS ORIGINATING <br /> OUTSIDE OF THE GENERAL COURT OF JUSTICE OR OTHER NORTH <br /> CAROLINA COURTS OR AGENCIES <br /> WHEREAS, North Carolina General Statute Section 153A-102 <br /> grants to the Board of Commissioners the power to fix the <br /> fees and commissions charged by county officers and employees <br /> for performing services or duties permitted or required by <br /> law; <br /> WHEREAS, the Sheriff and his deputies are permitted, but not <br /> required, to serve summons and complaints and other legal <br /> process issued by the federal courts and courts of the <br /> several states, other than North Carolina; and <br /> WHEREAS, the provisions of North Carolina General Statute <br /> Section 7A-311 which set uniform fees for service of civil <br /> process only apply to process issued by the courts of North <br /> Carolina; <br /> BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE <br /> COUNTY: In any civil action or special proceeding arising in <br /> the federal courts or in a court of one of the several states <br /> other than the State of North Carolina, the following fees <br /> shall be assessed, collected and remitted to the county: <br /> Effective October 1, 1995, for each item of civil process, <br /> including summons and complaints, subpoenas, notices, <br /> motions, orders and pleadings served, fifty dollars ($50. 00) . <br /> When two or more items of civil process are served <br /> simultaneously on one party, only one fifty dollar ($50. 00) <br /> fee shall be charged. <br /> When an item of civil process is served on two or more <br /> persons or organizations, a separate service charge shall be <br /> made for each person or organization. <br /> This resolution shall not apply to any process issued by the <br /> North Carolina General Court of Justice or any other court, <br /> administrative body or agency of the State of North Carolina <br /> or any of its political subdivisions. <br /> Moses Carey, Jr. , Chair <br />
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