Online Attorney

's docket fee shall be $10; $20 in admiralty appeals involving not over $1,000; $50 in admiralty appeals involving not over $5,000; $100 in admiralty appeals involving more than $5,000; $5 on discontinuance of a civil action; $5 on motion for judgment and other proceedings on recognizances; $2.50 for each deposition admitted in evidence. (b) The docket fees of United States attorneys and United States trustees shall be paid to the clerk of court and by him paid into the Treasury. (c) In admiralty appeals the court may allow as costs for printing the briefs of the successful party not more than: $25 where the amount involved is not over $1,000; $50 where the amount involved is not over $5,000; $75 where the amount involved is over $5,000. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 956; June 18, 1954, ch. 304, 68 Stat. 253; Pub. L. 95-598, title II, Sec. 245, Nov. 6, 1978, 92 Stat. 2671.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 571, 572, and 578 (R.S. Secs. 823, 824; May 28, 1896, ch. 252, Secs. 6, 24, 29 Stat. 179, 186; Feb. 26, 1919, ch. 49, Sec. 1, 40 Stat. 1182; July 19, 1919, ch. 24, Sec. 1, 41 Stat. 209; Feb. 11, 1921, ch. 46, 41 Stat. 1099; June 6, 1930, ch. 409, 46 Stat. 522; Aug. 3, 1935, ch. 431, Sec. 1, 49 Stat. 513). Section consolidates sections 571, 572, and 578 of title 28, U.S.C., 1940 ed. The phrase "$20 on trial or final hearing in civil, criminal, or admiralty cases" was substituted for the following provisions of section 572 of title 28, U.S.C., 1940 ed., "On trial before a jury, in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of $20", and the limitation of $10 in "cases at law when judgment is rendered without a jury" was omitted. This simplified restatement provides for a single docket fee in each case which reaches final hearing or trial. Since the docket fee is arbitrary, any limitation or distinction between law cases tried with or without a jury is unrealistic. Word "solicitor" was omitted as obsolete and inapplicable in civil, criminal, or admiralty practice. Words "motion for judgment" were substituted for "scire facias" to conform to Rules 2 and 81 of the Federal Rules of Civil Procedure. Changes were made in phraseology. -COD- CODIFICATION Section 408(c) of Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98-166, title II, Sec. 200, Nov. 28, 1983, 97 Stat. 1081; Pub. L. 98-353, title III, Sec. 323, July 10, 1984, 98 Stat. 358; Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99-500, Sec. 101(b) [title II, Sec. 200], Oct. 18, 1986, 100 Stat. 1783-39, 1783-45, and Pub. L. 99-591, Sec. 101(b) [title II, Sec. 200], Oct. 30, 1986, 100 Stat. 3341-39, 3341-45; Pub. L. 99-554, title III, Sec. 307(a), Oct. 27, 1986, 100 Stat. 3125, which provided for the deletion of any references to United States Trustees in this title at a prospective date, was repealed by Pub. L. 99-554, title III, Sec. 307(b), Oct. 27, 1986, 100 Stat. 3125. -MISC2- AMENDMENTS 1978 - Subsec. (b). Pub. L. 95-598 inserted "and United States trustees" after "United States attorneys". 1954 - Subsec. (a). Act June 18, 1954, inserted in first item "including a default judgment whether entered by the court or by the clerk" after "final hearing". EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1920 of this title. -End- -CITE- 28 USC Sec. 1924 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS -HEAD- Sec. 1924. Verification of bill of costs -STATUTE- Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 957.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 831 (R.S. Sec. 984; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24). Section as revised conforms to existing Federal Practice. See note to subdivision (d) of Rule 54 of the Federal Rules of Civil Procedure. For discussion as to verification of bill of costs under existing practice, see - 8 Hughes, Federal Practice, Jurisdiction and Procedure - Civil and Criminal, Sec. 6441. Words "or allowed by the General Accounting Office" were omitted as unnecessary. That office will not allow items in a tax bill for costs against the United States unless such bill has been taxed by the court, and the court, under this section, cannot tax as costs items in an unverified bill. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1925 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS -HEAD- Sec. 1925. Admiralty and maritime cases -STATUTE- Except as otherwise provided by Act of Congress, the allowance and taxation of costs in admiralty and maritime cases shall be prescribed by rules promulgated by the Supreme Court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 957.) -MISC1- HISTORICAL AND REVISION NOTES This section was drafted to make possible the promulgation of comprehensive and uniform rules governing costs in admiralty. Various enactments of Congress, all over 100 years old, relate to particular features of such matter, but do not set forth any comprehensive and uniform procedure. See, for example, sections 818, 826, and 827 of title 28, U.S.C., 1940 ed. -End- -CITE- 28 USC Sec. 1926 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS -HEAD- Sec. 1926. Court of Federal Claims -STATUTE- (a) The Judicial Conference of the United States shall prescribe from time to time the fees and costs to be charged and collected in the United States Court of Federal Claims. (b) The court and its officers shall collect only such fees and costs as the Judicial Conference prescribes. The court may require advance payment of fees by rule. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 97-164, title I, Sec. 139(p)(1), Apr. 2, 1982, 96 Stat. 44; Pub. L. 102-572, title IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 304 (Mar. 3, 1911, ch. 231, Sec. 191, 36 Stat. 1144). For distribution of other provisions of section 304 of title 28, U.S.C., 1940 ed., see Distribution Table. Changes were made in phraseology. AMENDMENTS 1992 - Pub. L. 102-572 substituted "Court of Federal Claims" for "Claims Court" as section catchline and "United States Court of Federal Claims" for "United States Claims Court" in subsec. (a). 1982 - Pub. L. 97-164 substituted "Claims Court" for "Court of Customs and Patent Appeals" as section catchline and, in text substituted provisions directing the Judicial Conference of the United States to prescribe from time to time the fees and costs to be charged and collected in the United States Claims Court and directing the court and its officers to collect only such fees and costs as the Judicial Conference prescribes, with the court authorized to require advance payment of fees by rule for provisions which had directed that fees and costs in the Court of Customs and Patent Appeals be fixed by a table of fees adopted by such court and approved by the Supreme Court, that the fees and costs so fixed not exceed the fees and costs charged in the Supreme Court, and that the fees be accounted for and paid over to the Treasury. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. COURT FEES FOR ELECTRONIC ACCESS TO INFORMATION Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of Pub. L. 102-140, set out as a note under section 1913 of this title. -End- -CITE- 28 USC Sec. 1927 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS -HEAD- Sec. 1927. Counsel's liability for excessive costs -STATUTE- Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 96-349, Sec. 3, Sept. 12, 1980, 94 Stat. 1156.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 829 (R.S. Sec. 982). Word "personally" was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C.C.A. 401. Reference to "proctor" was omitted as covered by the revised section. See definition of "court of the United States" in section 451 of this title. Changes were made in phraseology. AMENDMENTS 1980 - Pub. L. 96-349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys' fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2503 of this title; title 19 section 1516a. -End- -CITE- 28 USC Sec. 1928 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS -HEAD- Sec. 1928. Patent infringement action; disclaimer not filed -STATUTE- Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 821 (R.S. Sec. 973). Word "action" was substituted for "any suit at law or in equity" to conform with Rule 2 of the Federal Rules of Civil Procedure. Words "or decree" were omitted after "judgment," because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a decree. Changes were made in phraseology. AMENDMENTS 1999 - Pub. L. 106-113 substituted "United States Patent and Trademark Office" for "Patent Office". EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note under section 1 of Title 35, Patents. -End- -CITE- 28 USC Sec. 1929 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS -HEAD- Sec. 1929. Extraordinary expenses not expressly authorized -STATUTE- Where the ministerial officers of the United States incur extraordinary expense in executing Acts of Congress, the payment of which is not specifically provided for, the Attorney General may allow the payment thereof. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 957.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 577 (R.S. Sec. 846; Feb. 18, 1875, ch. 80, Sec. 1, Stat. 318; May 28, 1896, ch. 252, Sec. 13, 29 Stat. 183; May 27, 1908, ch. 200, Sec. 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; Feb. 26, 1919, ch. 49, Sec. 7, 40 Stat. 1182; Oct. 13, 1941, ch. 431, Sec. 1, 55 Stat. 736). Provision for payment of expenses under section 577 of title 28, U.S.C., 1940 ed., from appropriations for expenses of the judiciary was omitted as unnecessary. Such expenses are carried in the Judiciary Appropriation Acts and will continue without this provision. The first sentence of said section 577 is incorporated in section 551 of this title. The qualifying phrase "under the special taxation of the district court in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the Judiciary," was omitted, and the functions of allowing extraordinary expenses was vested in the Attorney General instead of the President. Neither the President nor the district judge should be burdened with such duty since the Attorney General only has the information upon which to act. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1930 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 123 - FEES AND COSTS -HEAD- Sec. 1930. Bankruptcy fees -STATUTE- (a) Notwithstanding section 1915 of this title, the parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title, the following filing fees: (1) For a case commenced under chapter 7 or 13 of title 11, $155. (2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under section 1931 of this title. (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $800. (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000. (5) For a case commenced under chapter 12 of title 11, $200. (6) In addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11 for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $250 for each quarter in which disbursements total less than $15,000; $500 for each quarter in which disbursements total $15,000 or more but less than $75,000; $750 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,250 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,500 for each quarter in which disbursements total $225,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $5,000 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $7,500 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $8,000 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $10,000 for each quarter in which disbursements total $5,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed. (7) In districts that are not part of a United States trustee region as defined in section 581 of this title, the Judicial Conference of the United States may require the debtor in a case under chapter 11 of title 11 to pay fees equal to those imposed by paragraph (6) of this subsection. Such fees shall be deposited as offsetting receipts to the fund established under section 1931 of this title and shall remain available until expended. An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments. For converting, on request of the debtor, a case under chapter 7, or 13 of title 11, to a case under chapter 11 of title 11, the debtor shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title, a fee of the amount equal to the difference between the fee specified in paragraph (3) and the fee specified in paragraph (1). (b) The Judicial Conference of the United States may prescribe additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b) of this title. (c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the court, by the appellant or petitioner. (d) Whenever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs. (e) The clerk of the court may collect only the fees prescribed under this section. -SOURCE- (Added Pub. L. 95-598, title II, Sec. 246(a), Nov. 6, 1978, 92 Stat. 2671; amended Pub. L. 98-353, title I, Sec. 111(a), (b), July 10, 1984, 98 Stat. 342; Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 407(b)], Oct. 18, 1986, 100 Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec. 101(b) [title IV, Sec. 407(b)], Oct. 30, 1986, 100 Stat. 3341-39, 3341-64; Pub. L. 99-554, title I, Secs. 117, 144(f), Oct. 27, 1986, 100 Stat. 3095, 3097; Pub. L. 101-162, title IV, Sec. 406(a), Nov. 21, 1989, 103 Stat. 1016; Pub. L. 102-140, title I, Sec. 111(a), Oct. 28, 1991, 105 Stat. 795; Pub. L. 103-121, title I, Sec. 111(a)(1), (b)(1), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 37; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec. 109(a)], Sept. 30, 1996, 110 Stat. 3009, 3009-18; Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 113], Nov. 29, 1999, 113 Stat. 1535, 1501A-20; Pub. L. 106-518, title I, Secs. 103-105, Nov. 13, 2000, 114 Stat. 2411, 2412.) -COD- CODIFICATION Amendment by Pub. L. 104-91 is based on section 111(a) of H.R. 2076, One Hundred Fourth Congress, as passed by House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104-91. Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC1- AMENDMENTS 2000 - Subsec. (a). Pub. L. 106-518, Sec. 104, substituted "the amount equal to the difference between the fee specified in paragraph (3) and the fee specified in paragraph (1)" for "$400" in concluding provisions. Subsec. (a)(2). Pub. L. 106-518, Sec. 103, substituted "equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under section 1931 of this title" for "$300". Subsec. (a)(7). Pub. L. 106-518, Sec. 105, which directed amendment of subsec. (a) by adding par. (7) at end, was executed by adding par. (7) after par. (6) and before concluding provisions to reflect the probable intent of Congress. 1999 - Subsec. (a)(1). Pub. L. 106-113 substituted "$155" for "$130". 1996 - Subsec. (a)(3). Pub. L. 104-208 inserted a dollar sign before "800". Subsec. (a)(6). Pub. L. 104-208 substituted "$500 for each quarter in which disbursements total $15,000 or more but less than $75,000; $750 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,250 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,500 for each quarter in which disbursements total $225,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $5,000 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $7,500 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $8,000 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $10,000 for each quarter in which disbursements total $5,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed." for "$500 for each quarter in which disbursements total $15,000 or more but less than $150,000; $1,250 or each quarter in which disbursements total $150,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $3,000,000; $5,000 for each quarter in which disbursements total $3,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed." Pub. L. 104-91, as amended by Pub. L. 104-99, struck out "a plan is confirmed or" before "the case is converted". 1993 - Subsec. (a)(1). Pub. L. 103-121, Sec. 111(a)(1), substituted "$130" for "$120". Subsec. (a)(3). Pub. L. 103-81, Sec. 111(b)(1), substituted "800" for "$600". 1991 - Subsec. (a)(3). Pub. L. 102-140, Sec. 111(a)(1), substituted "$600" for "$500". Subsec. (a)(6). Pub. L. 102-140, Sec. 111(a)(2), substituted "$250" for "$150", "$500" for "$300", "$1,250" for "$750", "$3,750" for "$2,250", and "$5,000" for "$3,000". 1989 - Subsec. (a)(1). Pub. L. 101-162 substituted "$120" for "$90". 1986 - Subsec. (a). Pub. L. 99-554, Secs. 117(5), 144(f), in introductory and closing provisions, substituted "of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title" for "of the court", and in closing provisions, inserted provision that for conversion, on request of the debtor, of a case under chapter 7 or 13 of title 11, to a case under chapter 11 of title 11, the debtor pay to the clerk of the court a fee of $400. Subsec. (a)(1). Pub. L. 99-500 and Pub. L. 99-591, Pub. L. 99-554, Sec. 117(1), amended par. (1) identically substituting "$90" for "$60". Subsec. (a)(3). Pub. L. 99-554, Sec. 117(2), substituted "$500" for "$200". Subsec. (a)(4). Pub. L. 99-554, Sec. 117(3), substituted "$1,000" for "$500". Subsec. (a)(5), (6). Pub. L. 99-554, Sec. 117(4), added pars. (5) and (6). 1984 - Pub. L. 98-353, Sec. 111(b),

Online Attorney