District court; filing and miscellaneous fees; rules of court

  1. Law
  2. USC 28
  3. Judiciary And Judicial Procedure
  4. PROCEDURE
  5. FEES AND COSTS
  6. District court; filing and miscellaneous fees; rules of court

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§1914. District court; filing and miscellaneous fees; rules of court

(a) The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $350, except that on application for a writ of habeas corpus the filing fee shall be $5.

(b) The clerk shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States.

(c) Each district court by rule or standing order may require advance payment of fees.

(June 25, 1948, ch. 646, 62 Stat. 954 ; Pub. L. 95–598, title II, §244, Nov. 6, 1978, 92 Stat. 2671 ; Pub. L. 99–336, §4(a), June 19, 1986, 100 Stat. 637 ; Pub. L. 99–500, §101(b) [title IV, §407(a)], Oct. 18, 1986, 100 Stat. 1783–39 , 1783-64, and Pub. L. 99–591, §101(b) [title IV, §407(a)], Oct. 30, 1986, 100 Stat. 3341–39 , 3341-64; Pub. L. 104–317, title IV, §401(a), Oct. 19, 1996, 110 Stat. 3853 ; Pub. L. 108–447, div. B, title III, §307(a), Dec. 8, 2004, 118 Stat. 2895 ; Pub. L. 109–171, title X, §10001(a), Feb. 8, 2006, 120 Stat. 183 .)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§549, 553 and 555 (R.S. §828; June 28, 1902, ch. 1301, §1, 32 Stat. 476 ; Feb. 11, 1925, ch. 204, §§2, 6, 8, 43 Stat. 857 , 858; Jan. 22, 1927, ch. 50, §2, 44 Stat. 1023 ; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54 ; Mar. 3, 1942, ch. 124, §2, 56 Stat. 122 ; Sept. 27, 1944, ch. 414, §§1, 4, 5, 58 Stat. 743 , 744).

Section consolidates sections 549, 553, and 555 of title 28, U.S.C., 1940 ed., as amended with necessary changes of phraseology.

The phrase "filing fee" was substituted for the inconsistent and misleading words of sections 549 and 553 of title 28, U.S.C., 1940 ed., "as full payment for all services to be rendered by the clerk" etc. thus removing the necessity for including exceptions and referring to other sections containing provisions for additional fees.

The provision in section 549 of title 28, U.S.C., 1940 ed., for payment of fees by the parties instituting criminal proceedings by indictment or information, was omitted. Such proceedings are instituted only by the United States from which costs cannot be exacted.

The provision in section 549 of title 28, U.S.C., 1940 ed., for taxation of fees as costs, was omitted as covered by section 1920 of this title.

Words "or appeal from a deportation order of a United States Commissioner" in section 553 of title 28, U.S.C., 1940 ed., were omitted as obsolete since repeal of the Chinese Exclusion Act by act Dec. 17, 1943, ch. 344, §1, 57 Stat. 600 . Appeal was formerly conferred by section 282 of title 8, U.S.C., 1940 ed., Aliens and Nationality.

Subsection (d) excepting the District of Columbia, was added to preserve the existing schedule of fees prescribed by section 11–1509 of the District of Columbia Code, 1940 ed.

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2006-Subsec. (a). Pub. L. 109–171 substituted "$350" for "$250".

2004-Subsec. (a). Pub. L. 108–447 substituted "$250" for "$150".

1996-Subsec. (a). Pub. L. 104–317 substituted "$150" for "$120".

1986-Subsec. (a). Pub. L. 99–500 and Pub. L. 99–591 substituted "$120" for "$60".

Subsec. (d). Pub. L. 99–336 struck out subsec. (d) which provided that section was not applicable to District of Columbia.

1978-Subsec. (a). Pub. L. 95–598 substituted "$60" for "$15".

Effective Date of 2006 Amendment

Pub. L. 109–171, title X, §10001(d), Feb. 8, 2006, 120 Stat. 184 , provided that: "This section [amending this section and enacting provisions set out as notes under sections 1913 and 1931 of this title] and the amendment made by this section shall take effect 60 days after the date of the enactment of this Act [Feb. 8, 2006]."

Effective Date of 2004 Amendment

Pub. L. 108–447, div. B, title III, §307(c), Dec. 8, 2004, 118 Stat. 2895 , provided that: "This section [amending this section and section 1931 of this title] shall take effect 60 days after the date of the enactment of this Act [Dec. 8, 2004]."

Effective Date of 1996 Amendment

Pub. L. 104–317, title IV, §401(c), Oct. 19, 1996, 110 Stat. 3854 , provided that: "This section [amending this section and section 1931 of this title] shall take effect 60 days after the date of the enactment of this Act [Oct. 19, 1996]."

Effective Date of 1986 Amendment

Pub. L. 99–336, §4(c), June 19, 1986, 100 Stat. 638 , provided that: "The amendments made by this section [amending this section] shall apply with respect to any civil action, suit, or proceeding instituted on or after the date of the enactment of this Act [June 19, 1986]."

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.

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.


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