When any action at law, suit in equity or other proceeding is instituted, the clerk of the court wherein the same is instituted shall require from the plaintiff a reasonable deposit of money for the services to be performed by himself or any other officer named in this article: Provided, however, That such clerk shall not be required to pay any part of such deposit to any officer (other than himself) for any services to be performed, unless he is directed so to do by the plaintiff at the time such deposit is made. The action, cause or proceeding wherein any deposit is made shall be credited therewith, and there shall be charged against such deposit all payments made by the clerk to any other such officer for services performed by the latter; and at the end of the month such clerk shall be required to pay into the county treasury such part of the deposit as has been earned by services performed by him or by any other officer whose services he has been directed by the plaintiff to pay. Upon the appearance of any defendant to any action at law (other than criminal cases), suit in equity or other proceeding, such defendant shall likewise be required to deposit with the clerk a reasonable amount, and the same shall be applied and accounted for in like manner as a deposit made by the plaintiff or petitioner. After demand by the clerk for deposit provided for in this section he shall not be required to perform any service until the demand is complied with, unless affidavit is filed as provided for by section one, article two of this chapter.
Structure West Virginia Code
Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements
Article 1. Fees and Allowances
§59-1-1. Fee for Use of State Seal
§59-1-2. Fees to Be Charged by Secretary of State
§59-1-2b. Purchase of Voter Registration Lists and Election Data; Fees
§59-1-2c. Young Entrepreneur Reinvestment Act; Certain Fees Waived
§59-1-3. Fees to Be Charged by Auditor
§59-1-5. Violations of Preceding Section
§59-1-6. Fees to Be Charged by Surveyors
§59-1-7. Fees to Be Charged by Notaries Public
§59-1-8. Compensation of Commissioners of Courts
§59-1-9. Compensation of Fiduciary Commissioners; Procedure for Approving
§59-1-10. Fees to Be Charged by Clerk of County Commission
§59-1-11. Fees to Be Charged by Clerk of Circuit Court
§59-1-11a. Additional Costs in Certain Criminal Proceedings
§59-1-12. Payment of Fines by Credit Card or Payment Plan
§59-1-13. Fees to Be Charged by Clerk of Supreme Court of Appeals
§59-1-14. Fees to Be Charged by Sheriffs
§59-1-15. Payments to Sheriffs and Clerks Out of State or County Treasury
§59-1-16. Amount of Allowance to Witnesses for Attendance; How and When Made
§59-1-18. To Whom Fees Charged; Services by Clerks and Sheriffs Without Fees
§59-1-20. Making Out Fee Bills; Motion to Quash Improper Fee Bill; Prepayment of Fees
§59-1-21. Fee Bills of County Clerk
§59-1-22. Duties of Successor of Deceased Clerk With Reference to Fee Books and Fee Bills
§59-1-23. Requisites and Effect of Fee Bills for Services of Deceased Clerk
§59-1-24. Collection of Fees; Receipt
§59-1-26. Limitation on Distress or Suit for Collection of Fees
§59-1-28. Use and Disposition of Fees of Sheriffs, Clerks and Prosecuting Attorneys
§59-1-28a. Disposition of Filing Fees in Civil Actions and Fees for Services in Criminal Cases
§59-1-29. Collection of Such Fees
§59-1-30. Books of Account to Be Kept by Officers
§59-1-31. Monthly Payments; How Credited; Report Required
§59-1-32. Reduction or Remission of Fees Prohibited; Penalty for Default in Payment
§59-1-35. Supervision by Chief Inspector of Public Offices
§59-1-36. Fees and Allowances for Poor Persons