Request By:
Mr. Donald E. Skeeters
Attorney at Law
705 North Dixie Blvd.
Radcliff, Kentucky 40160
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your letter contains these questions:
"Request an attorney general's opinion with regard to KRS 24A.140(3) and KRS 24A.140(2) under the new court system, re the following questions:
"When a district court is held in city facilities, who is to serve subpoenas, summonses and notices in civil cases?
"What is the rate of remuneration? Who is responsible for it?"
When a district court is held in city facilities, the city police or city marshal, as the case may be, shall be responsible for attending court, keeping order, and providing the same services to district court as are provided by the sheriff to circuit court. KRS 24A.140(3). This means that the city police [or marshal in certain cities] have the duty of serving subpoenas, summonses, and notices in civil cases. Compensation for such services shall be the same as allowed to the sheriff in doing that work in circuit court. Under KRS 64.095 the sheriff is required to be paid, by the litigants, his mileage expense in the service of a notice, subpoena, or summons, at the rate of ten cents (10 ) per mile. It is our opinion that the mileage allowance of KRS 64.095 would apply to city police [or marshal] in performing such services. Further, KRS 64.090 would cover the applicable fees for such work. The fees would be paid by litigants, except where the statute provides otherwise.
The fee for summoning each witness is $1.00. For serving a notice the fee is $2.00. The fee for serving summonses generally is $3.00. For services in summoning petit jurors, the fee, to be paid out of the state treasury, is $1.50 for constructive service and $3.00 for each person actually served (personal service). KRS 64.090, as amended 1976 (Ex. Sess.), Ch. 22, § 77, effective January 2, 1978.