§ 25-21,210.Actions to which state is a party; fees; how paid and taxed.
Article 21: Special Proceedings and Actions · Last amended 1877 · Last verified July 22, 2026
Full Text of § 25-21,210
Source
Laws 1877, § 10, p. 22; R.S.1913, § 1186; C.S.1922, § 1109; C.S.1929, § 27-328; R.S.1943, § 24-328; R.S.1943, (1985), § 24-328.
Cross References
Payment of docket fee in civil cases, see section 33-106.
Plain-English Summary
Section 25-21,210 keeps the fee schedule uniform regardless of who the parties are. The fees charged by the sheriff, the clerk, other officers, or witnesses in a claim or suit to which the state is a party are the same fees charged in any other civil action, and those fees are paid and taxed in the same manner as in other civil actions in the district courts.
The point is to prevent a separate fee structure — higher or lower — from applying just because the state sits on one side of the case. Whoever handles process, filings, or testimony in a state case gets paid, and gets taxed against the losing party, the same way they would in a dispute between two private parties.
Frequently Asked Questions
Do sheriffs and clerks charge different fees in cases involving the state?
No. Section 25-21,210 requires the same fees as in any other civil action in district court.
How are these fees paid and taxed?
The same way fees are paid and taxed in other civil actions in the district courts.
Does this section apply to witness fees as well?
Yes. It covers the fees of the sheriff, the clerk, other officers, and witnesses alike.
Why would a uniform fee rule matter in state litigation?
It keeps the cost of litigating against or on behalf of the state consistent with ordinary civil practice, instead of creating a separate fee scale tied to the state’s involvement.
Is there a related rule about docket fees in civil cases?
Yes. Section 33-106 addresses payment of the docket fee in civil cases generally.