Should a clerk charge fees contained in section 2 of Act 898 of 1983 in addition to the $75 fee for initiating a cause of action? Yes if applicable. The statute says that the uniform $75 dollar advance fee shooud cover those things listed in section 1, but if the charge is not a thing of th

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL June 17, 1985 OPINION NO. 85-136 Mr. Mike Beebe State Senator 211 Arch Searcy, AR 72143 Dear Senator Beebe: This letter is written in response to your request for an opinion regarding Act 898 of 1983. Your specific question was whether a clerk should charge the fees contained in section 2 of Act 898 in addition to the initial $75.00 filing fee provided in section l. Section 1 of Act 898 of 1983, provides a uniform filing fee of $75.00 for initiating a cause of action in probate court. The section further states, the uniform advance fee proscribed herein shall include all extra fees now authorized by law including, but not limited to, those fees authorized for assessment for continuning legal education, county law library, court reporter, justice building, and bureau of vital statistics-domestic relations, ..." Under the doctrine of ejusdem generis the specific items mentioned control the general reference to all fees. Thus the fees that are included within the $75.00 cost for initiating a cause of action includes only those fees of the same nature as the legal education fund, the county law library, etc., but not the various filing fees included in section 2. It appears the clerk should charge a $75.00 fee for initiating a cause of action under section 1. The clerk should also charge the fee provided in section 2 where applicable. Beebe opinion June 17, 1985 Page 2 The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Randel K. Miller. Sincerely, STEVE /CLAR Attor ey General SC/RKEM/1jm