URCP 077

Advisory Committee Notes

Subdivision (d), deleted by the 1999 amendment, prohibited the sheriff, constable and clerk from charging a fee for a certified copy when the copy was furnished by the person requesting the copy. The subdivision was deleted on two grounds:

(1) The Supreme Court has no authority to regulate fees charged by a sheriff or constable.

(2) In order to certify a document as a true copy of an original, the clerk must either copy the original or compare, word-by-word, the copy to the original. The latter is much more difficult, time consuming and costly than the former, yet it was in the latter case that the fee was waived.