This case has been cited 1 times or more.
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2014-09-08 |
PERALTA, J. |
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| Time and again, we have held that clerks of court are not authorized to demand and/or receive commissioner's fees for reception of evidence ex parte.[14] To be entitled to reasonable compensation, a commissioner must not be an employee of the court. Section D (7), Chapter IV of the Manual for Clerks of Court provides that "The Court shall allow the commissioner, other than an employee of the court, such reasonable compensation as the circumstances of the case warrant to be taxed as costs against the defeated party, or apportioned, as justice requires."[15] Accordingly, respondent, as a court employee, has no authority to demand or receive any commissioner's fee. | |||||