Is there a legally mandated filing fee and/or deposit?

Samoa

Samoa

Answer
  • Yes, filing fee
  • Yes, deposit
Source

SamoaElectoral Act 1963

PARTX ELECTION PETITIONS, 125, p. 103 & 107

107. Security for costs –

(1) Atthe time of presenting an election petition or within three (3) days after theexpiration of the time limited for the presentation of the petition thepetitioner shall give security to the satisfaction of the Commissioner of theCourt for all costs which may become payable by him or her to any witnesssummoned on his behalf or to any respondent.

(2) Thesecurity shall be an amount of $2,000 and shall be given by recognisance to theGovernment entered into by any number of sureties not exceeding five (5) or bya deposit of money, or partly in one way and partly in the other.

(3) Ifno security is given as required by this section no further proceedings shallbe taken on the petition.

125. Costs of petition - (1) All costs ofand incidental to the presentation of an election petition, and to theproceedings consequent thereon, except such as are by this Act otherwiseprovided for shall be defrayed by the parties to the petition in such mannerand in such proportions as the Supreme Court may determine; and in particularany costs which in the opinion of the Court have been caused by vexatiousconduct, unfounded allegations, or unfounded objections on the part either ofthe petitioner or respondent, and any needless expenses incurred or caused onthe part of the petitioner or respondent, may be ordered to be defrayed by theparties by whom they were caused or incurred, whether those parties are or are noton the whole successful.

(2) If a petitioner fails for six (6)months after demand to pay to any person summoned as a witness on his or herbehalf, or to any respondent, any sum certified to be due to him or her forcosts, and the failure is within one year after the demand proved to thesatisfaction of the Supreme Court, every person who has under this Act enteredinto a recognisance relating to the petition shall be held to have made defaultin the recognisance, and it shall be dealt with in manner provided by section15 of the Government Proceedings Act 1974. those parties are or are not on the whole successful. (2) If apetitioner fails for six (6) months after demand to pay to any person summonedas a witness on his or her behalf, or to any respondent, any sum certified tobe due to him or her for costs, and the failure is within one year after thedemand proved to the satisfaction of the Supreme Court, every person who hasunder this Act entered into a recognisance relating to the petition shall beheld to have made default in the recognisance, and it shall be dealt with inmanner provided by section 15 of the Government Proceedings Act 1974.

Close tooltip