31-3212. EXCEPTIONS TO FEE SCHEDULE — HABEAS CORPUS — STATE OR ANY COUNTY OF IDAHO A PARTY — COST OF TRANSCRIPTS. (1) No filing or recording fee of any kind shall be charged or received by any county officer mentioned in this chapter for duties performed or services rendered in proceedings in habeas corpus, unless the habeas corpus petitioner is a prisoner as defined in section 31-3220A, Idaho Code.
(2) County officers shall not charge any fee against, or receive any compensation whatever from, the state or any county of Idaho for any services rendered in any action or proceeding in which the state of Idaho, or any state board, or state officer in his official capacity, or any county of Idaho, or county officer in his official capacity, is a party.
(3) If the habeas corpus petitioner or appellant is a prisoner, and is not an indigent prisoner as defined in section 31-3220A, Idaho Code, the prisoner may be required to pay all or part of the filing fees on appeal as set forth in sections 31-3201 and 31-3201A, Idaho Code. If the appellant is an indigent prisoner, as found by the court under section 31-3220A, Idaho Code, the transcript on appeal will be paid for as provided in section 1-1105(2), Idaho Code.
(4) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the appellant is not a prisoner but is otherwise restrained of his liberty by any public officer, the transcript for use on the appeal will be paid for by the appellant. If the appellant under this paragraph is indigent, the transcript and/or record for use on the appeal will be paid for in the manner as provided in section 1-1105(2), Idaho Code.
(5) In habeas corpus cases on appeal to the supreme court of the state of Idaho, in which the custody of children is in controversy, the appellant, unless he be indigent, shall pay for the record on appeal. If the appellant under this paragraph is indigent, the record and/or transcript will be paid for as provided in section 1-1105(2), Idaho Code.
History:
[(31-3212) R.S., sec. 2138; am. 1901, p. 162, sec. 1; reen. R.C. & C.L., sec. 2129; C.S., sec. 3713; I.C.A., sec. 30-2712; am. 1967, ch. 52, sec. 1, p. 98; am. 1982, ch. 281, sec. 1, p. 715; am. 1996, ch. 420, sec. 5, p. 1401.]