§ 9.3.2.1 FEES OF OFFICERS AND WITNESSES

• Jurisdiction: Arizona

§ 9.3.2.1 Fees of Officers and Witnesses

Costs in superior court include "fees of officers and witnesses." A.R.S. § 12-332(A)(1). The term "officer" is not defined in A.R.S. § 12-332; however, A.R.S. § 12-301, which requires payment of fees of officers at the time service is rendered, provides that "[a]n officer may refuse to perform any service" until the fee is paid. In Sligh v. Watson, 67 Ariz. 95, 99, 102, 191 P.2d 724, 726, 729 (1948), the supreme court indicated that the clerk of the court is an "officer" within the contemplation of A.R.S. § 34-122, which was the predecessor version of A.R.S. § 12-301. Thus, the term "officer" appears to refer to an officer of the court, and A.R.S. § 12-332(A)(1) would, therefore, permit recovery of fees paid by successful litigants to such officers, for example...