HB388 By Representatives Pringle, Williams (JW), Wilcox, Gaston, Sessions, Drummond and Clarke RFD Mobile County Legislation Rd 1 02-APR-15

A BILL TO BE ENTITLED AN ACT

Relating to the Probate Court of Mobile County; to authorize the judge of probate to accept the electronic filing of judicial filings in the probate court in the same manner as electronic filings are accepted in the Circuit Court of Mobile County; to provide that the electronic filings are subject to the Alabama Rules of Civil Procedure; to further provide for fees in the probate court by authorizing the judge of probate to collect reasonable fees for access and printing of judicial pleadings through the Internet or other electronic means; and for the distribution and use of the fees provided in the same manner as special recording fees in the probate court; and to provide for the payment of estimated costs in advance under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) The Probate Court of Mobile County may accept the filing of judicial pleadings under the same rules and procedures that govern the filing of judicial pleadings in the Circuit Court of Mobile County and subject to any existing or future orders, procedures, or protocols of the Supreme Court of Alabama relating to electronic filing of judicial pleadings.

(b) The provisions of the Alabama Rules of Civil Procedure relating to electronically filed pleadings shall apply to judicial proceedings in the Probate Court of Mobile County upon implementation of electronic filing of judicial pleadings.

Section 2. The Judge of Probate of Mobile County may collect reasonable fees from persons and entities for access to and for printing of judicial pleadings through the Internet and other electronic means which do not exceed the fee persons and entities must pay for access to and printing of judicial pleadings in the Circuit Court of Mobile County.

Section 3. All fees paid to the Judge of Probate of Mobile County in accordance with Section 2 shall be held by the Judge of Probate of Mobile County in the Probate Court of Mobile County's special recording fee account and utilized and disbursed by the Judge of Probate of Mobile County in accordance with Act 98-646, as in effect on the effective date of this act, notwithstanding any provision to the contrary contained therein.

Section 4. The Judge of Probate of Mobile County may require estimated court costs in cases filed in the Probate Court of Mobile County to be paid in advance at the time of filing of the pleadings.

Section 5. All laws or parts of laws which conflict with this act are repealed.

Section 6. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Mobile County

Court, Probate

Records

Judge, Probate

Internet