US (United States) Code. Title 28. Part V: Procedure. Chapter 123: Fees and costs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 123 - FEES AND COSTS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

CHAPTER 123 - FEES AND COSTS

-MISC1-

Sec.

1911. Supreme Court.

1912. Damages and costs on affirmance.

1913. Courts of appeals.

1914. District court; filing and miscellaneous fees; rules

of court.

1915. Proceedings in forma pauperis.

1915A. Screening.

1916. Seamen's suits.

1917. District courts; fee on filing notice of or petition

for appeal.

1918. District courts; fines, forfeitures and criminal

proceedings.

1919. Dismissal for lack of jurisdiction.

1920. Taxation of costs.

1921. United States marshal's fees.

1922. Witness fees before United States magistrate judges.

1923. Docket fees and costs of briefs.

1924. Verification of bill of costs.

1925. Admiralty and maritime cases.

1926. Court of Federal Claims.

1927. Counsel's liability for excessive costs.

1928. Patent infringement action; disclaimer not filed.

1929. Extraordinary expenses not expressly authorized.

1930. Bankruptcy fees.

1931. Disposition of filing fees.

1932.(!1) Judicial Panel on Multidistrict Litigation.

1932.(!1) Revocation of earned release credit.

AMENDMENTS

1996 - Pub. L. 104-317, title IV, Sec. 403(a)(2), Oct. 19, 1996,

110 Stat. 3854, added item 1932 "Judicial Panel on Multidistrict

Litigation".

Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Secs.

805(b), 809(b)], Apr. 26, 1996, 110 Stat. 1321, 1321-75, 1321-76;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, added item 1915A and item 1932 "Revocation of earned

release credit".

1992 - Pub. L. 102-572, title IX, Secs. 902(b)(2), 908(b)(2),

Oct. 29, 1992, 106 Stat. 4516, 4519, substituted "Dismissal" for

"District courts; dismissal" in item 1919 and "Court of Federal

Claims" for "Claims Court" as item 1926.

1988 - Pub. L. 100-702, title X, Sec. 1020(a)(8), Nov. 19, 1988,

102 Stat. 4672, substituted "court" for "courts" after "District"

in item 1914.

1986 - Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 407(d)], Oct.

18, 1986, 100 Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec.

101(b) [title IV, Sec. 407(d)], Oct. 30, 1986, 100 Stat. 3341-39,

3341-64, added item 1931.

1984 - Pub. L. 98-353, title I, Sec. 111(c), July 10, 1984, 98

Stat. 343, substituted "fees" for "courts" in item 1930.

Notwithstanding directory language that the amendment be made to

the table of sections for chapter 125 of this title, the amendment

was executed to the table of sections for chapter 123 of this title

to reflect the probable intent of Congress.

1982 - Pub. L. 97-164, title I, Sec. 139(p)(2), Apr. 2, 1982, 96

Stat. 44, substituted "Claims Court" for "Court of Customs and

Patent Appeals" in item 1926.

1978 - Pub. L. 95-598, title II, Sec. 246(b), Nov. 6, 1978, 92

Stat. 2672, added item 1930.

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" substituted for "United States

magistrates" in item 1922 pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

Previously, "United States magistrates" substituted for "United

States commissioners" pursuant to Pub. L. 90-578. See chapter 43

(Sec. 631 et seq.) of this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 11 sections 507, 707, 1112,

1208, 1225, 1307, 1325; title 26 section 1398.

-FOOTNOTE-

(!1) So in original. Two sections 1932 have been enacted.

-End-

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28 USC Sec. 1911 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1911. Supreme Court

-STATUTE-

The Supreme Court may fix the fees to be charged by its clerk.

The fees of the clerk, cost of serving process, and other

necessary disbursements incidental to any case before the court,

may be taxed against the litigants as the court directs.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 954.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 330 (Mar. 3, 1911, ch.

231, Sec. 223, 36 Stat. 1153).

The second paragraph was inserted to give statutory sanction to

existing practice.

Changes were made in phraseology.

-End-

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28 USC Sec. 1912 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1912. Damages and costs on affirmance

-STATUTE-

Where a judgment is affirmed by the Supreme Court or a court of

appeals, the court in its discretion may adjudge to the prevailing

party just damages for his delay, and single or double costs.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 954.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 878, and section

1141(c)(4) of title 26 U.S.C., 1940 ed., Internal Revenue Code

(R.S. Sec. 1010; Mar. 3, 1911, ch. 231, Secs. 117, 289, 36 Stat.

1131, 1167; Feb. 10, 1939, ch. 2, Sec. 1141(c)(4), 53 Stat. 165).

Section consolidates section 878 of title 28 with section

1141(c)(4) of title 26, both U.S.C., 1940 ed., with changes in

phraseology necessary to effect consolidation.

Words "prevailing party" were substituted for "the respondents in

error," contained in said section 878 of title 28, since writs of

error have been abolished.

SENATE REVISION AMENDMENT

By Senate amendment, all provisions relating to the Tax Court

were eliminated. Therefore, section 1141(c)(4) of Title 26, U.S.C.,

Internal Revenue Code, was not one of the sources of this section

as finally enacted. However, no change in the text of this section

was necessary. See 80th Congress Senate Report No. 1559.

-End-

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28 USC Sec. 1913 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1913. Courts of appeals

-STATUTE-

The fees and costs to be charged and collected in each court of

appeals shall be prescribed from time to time by the Judicial

Conference of the United States. Such fees and costs shall be

reasonable and uniform in all the circuits.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 954.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 543 (Mar. 3, 1891, ch.

517, Sec. 2, 26 Stat. 826; Feb. 19, 1897, ch. 263, 29 Stat. 536;

Sept. 27, 1944, ch. 413, 58 Stat. 743).

Words "and in the United States Circuit Court of Appeals for the

District of Columbia" were omitted as covered by "each court of

appeals."

Judicial Conference of Senior Circuit Judges was changed to

Judicial Conference "of the United States" in conformity with

section 331 of this title.

Changes were made in phraseology.

COURT FEES FOR ELECTRONIC ACCESS TO INFORMATION

Pub. L. 102-140, title III, Sec. 303, Oct. 28, 1991, 105 Stat.

810, as amended by Pub. L. 104-317, title IV, Sec. 403(b), Oct. 19,

1996, 110 Stat. 3854; Pub. L. 107-347, title II, Sec. 205(e), Dec.

17, 2002, 116 Stat. 2915, provided that:

"(a) The Judicial Conference may, only to the extent necessary,

prescribe reasonable fees, pursuant to sections 1913, 1914, 1926,

1930, and 1932 of title 28, United States Code, for collection by

the courts under those sections for access to information available

through automatic data processing equipment. These fees may

distinguish between classes of persons, and shall provide for

exempting persons or classes of persons from the fees, in order to

avoid unreasonable burdens and to promote public access to such

information. The Director of the Administrative Office of the

United States Courts, under the direction of the Judicial

Conference of the United States, shall prescribe a schedule of

reasonable fees for electronic access to information which the

Director is required to maintain and make available to the public.

"(b) The Judicial Conference and the Director shall transmit each

schedule of fees prescribed under paragraph (a) to the Congress at

least 30 days before the schedule becomes effective. All fees

hereafter collected by the Judiciary under paragraph (a) as a

charge for services rendered shall be deposited as offsetting

collections to the Judiciary Automation Fund pursuant to 28 U.S.C.

612(c)(1)(A) to reimburse expenses incurred in providing these

services."

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 101-515, title IV, Sec. 404, Nov. 5, 1990, 104 Stat.

2132.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2077 of this title.

-End-

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28 USC Sec. 1914 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

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

court

-STATUTE-

(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 $150, 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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 954; Pub. L. 95-598, title II,

Sec. 244, Nov. 6, 1978, 92 Stat. 2671; Pub. L. 99-336, Sec. 4(a),

June 19, 1986, 100 Stat. 637; Pub. L. 99-500, Sec. 101(b) [title

IV, Sec. 407(a)], Oct. 18, 1986, 100 Stat. 1783-39, 1783-64, and

Pub. L. 99-591, Sec. 101(b) [title IV, Sec. 407(a)], Oct. 30, 1986,

100 Stat. 3341-39, 3341-64; Pub. L. 104-317, title IV, Sec. 401(a),

Oct. 19, 1996, 110 Stat. 3853.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 549, 553 and 555 (R.S.

Sec. 828; June 28, 1902, ch. 1301, Sec. 1, 32 Stat. 476; Feb. 11,

1925, ch. 204, Secs. 2, 6, 8, 43 Stat. 857, 858; Jan. 22, 1927, ch.

50, Sec. 2, 44 Stat. 1023; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat.

54; Mar. 3, 1942, ch. 124, Sec. 2, 56 Stat. 122; Sept. 27, 1944,

ch. 414, Secs. 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, Sec. 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.

-COD-

CODIFICATION

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

-MISC2-

AMENDMENTS

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 1996 AMENDMENT

Section 401(c) of Pub. L. 104-317 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

Section 4(c) of Pub. L. 99-336 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1930, 1931, 2412 of this

title; title 11 section 330.

-End-

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28 USC Sec. 1915 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1915. Proceedings in forma pauperis

-STATUTE-

(a)(1) Subject to subsection (b), any court of the United States

may authorize the commencement, prosecution or defense of any suit,

action or proceeding, civil or criminal, or appeal therein, without

prepayment of fees or security therefor, by a person who submits an

affidavit that includes a statement of all assets such prisoner

possesses that the person is unable to pay such fees or give

security therefor. Such affidavit shall state the nature of the

action, defense or appeal and affiant's belief that the person is

entitled to redress.

(2) A prisoner seeking to bring a civil action or appeal a

judgment in a civil action or proceeding without prepayment of fees

or security therefor, in addition to filing the affidavit filed

under paragraph (1), shall submit a certified copy of the trust

fund account statement (or institutional equivalent) for the

prisoner for the 6-month period immediately preceding the filing of

the complaint or notice of appeal, obtained from the appropriate

official of each prison at which the prisoner is or was confined.

(3) An appeal may not be taken in forma pauperis if the trial

court certifies in writing that it is not taken in good faith.

(b)(1) Notwithstanding subsection (a), if a prisoner brings a

civil action or files an appeal in forma pauperis, the prisoner

shall be required to pay the full amount of a filing fee. The court

shall assess and, when funds exist, collect, as a partial payment

of any court fees required by law, an initial partial filing fee of

20 percent of the greater of -

(A) the average monthly deposits to the prisoner's account; or

(B) the average monthly balance in the prisoner's account for

the 6-month period immediately preceding the filing of the

complaint or notice of appeal.

(2) After payment of the initial partial filing fee, the prisoner

shall be required to make monthly payments of 20 percent of the

preceding month's income credited to the prisoner's account. The

agency having custody of the prisoner shall forward payments from

the prisoner's account to the clerk of the court each time the

amount in the account exceeds $10 until the filing fees are paid.

(3) In no event shall the filing fee collected exceed the amount

of fees permitted by statute for the commencement of a civil action

or an appeal of a civil action or criminal judgment.

(4) In no event shall a prisoner be prohibited from bringing a

civil action or appealing a civil or criminal judgment for the

reason that the prisoner has no assets and no means by which to pay

the initial partial filing fee.

(c) Upon the filing of an affidavit in accordance with

subsections (a) and (b) and the prepayment of any partial filing

fee as may be required under subsection (b), the court may direct

payment by the United States of the expenses of (1) printing the

record on appeal in any civil or criminal case, if such printing is

required by the appellate court; (2) preparing a transcript of

proceedings before a United States magistrate judge in any civil or

criminal case, if such transcript is required by the district

court, in the case of proceedings conducted under section 636(b) of

this title or under section 3401(b) of title 18, United States

Code; and (3) printing the record on appeal if such printing is

required by the appellate court, in the case of proceedings

conducted pursuant to section 636(c) of this title. Such expenses

shall be paid when authorized by the Director of the Administrative

Office of the United States Courts.

(d) The officers of the court shall issue and serve all process,

and perform all duties in such cases. Witnesses shall attend as in

other cases, and the same remedies shall be available as are

provided for by law in other cases.

(e)(1) The court may request an attorney to represent any person

unable to afford counsel.

(2) Notwithstanding any filing fee, or any portion thereof, that

may have been paid, the court shall dismiss the case at any time if

the court determines that -

(A) the allegation of poverty is untrue; or

(B) the action or appeal -

(i) is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted;

or

(iii) seeks monetary relief against a defendant who is immune

from such relief.

(f)(1) Judgment may be rendered for costs at the conclusion of

the suit or action as in other proceedings, but the United States

shall not be liable for any of the costs thus incurred. If the

United States has paid the cost of a stenographic transcript or

printed record for the prevailing party, the same shall be taxed in

favor of the United States.

(2)(A) If the judgment against a prisoner includes the payment of

costs under this subsection, the prisoner shall be required to pay

the full amount of the costs ordered.

(B) The prisoner shall be required to make payments for costs

under this subsection in the same manner as is provided for filing

fees under subsection (a)(2).

(C) In no event shall the costs collected exceed the amount of

the costs ordered by the court.

(g) In no event shall a prisoner bring a civil action or appeal a

judgment in a civil action or proceeding under this section if the

prisoner has, on 3 or more prior occasions, while incarcerated or

detained in any facility, brought an action or appeal in a court of

the United States that was dismissed on the grounds that it is

frivolous, malicious, or fails to state a claim upon which relief

may be granted, unless the prisoner is under imminent danger of

serious physical injury.

(h) As used in this section, the term "prisoner" means any person

incarcerated or detained in any facility who is accused of,

convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law or the terms and conditions of parole,

probation, pretrial release, or diversionary program.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 954; May 24, 1949, ch. 139, Sec.

98, 63 Stat. 104; Oct. 31, 1951, ch. 655, Sec. 51(b), (c), 65 Stat.

727; Pub. L. 86-320, Sept. 21, 1959, 73 Stat. 590; Pub. L. 96-82,

Sec. 6, Oct. 10, 1979, 93 Stat. 645; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104-134, title I,

Sec. 101[(a)] [title VIII, Sec. 804(a), (c)-(e)], Apr. 26, 1996,

110 Stat. 1321, 1321-73 to 1321-75; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 9a(c)(e), 832, 833,

834, 835, and 836 (July 20, 1892, ch. 209, Secs. 1-5, 27 Stat. 252;

June 25, 1910, ch. 435, 36 Stat. 866; Mar. 3, 1911, ch. 231, Sec.

5a, as added Jan. 20, 1944, ch. 3, Sec. 1, 58 Stat. 5; June 27,

1922, ch. 246, 42 Stat. 666; Jan. 31, 1928, ch. 14, Sec. 1, 45

Stat. 54).

Section consolidates a part of section 9a(c)(e) with sections

832-836 of title 28, U.S.C., 1940 ed.

For distribution of other provisions of section 9a of title 28,

U.S.C., 1940 ed., see Distribution Table.

Section 832 of title 28, U.S.C., 1940 ed., was completely

rewritten, and constitutes subsections (a) and (b).

Words "and willful false swearing in any affidavit provided for

in this section or section 832 of this title, shall be punishable

as perjury as in other cases," in section 833 of title 28, U.S.C.,

1940 ed., were omitted as covered by the general perjury statute,

title 18, U.S.C., 1940 ed., Sec. 231 (H.R. 1600, 80th Cong., sec.

1621).

A proviso in section 836 of title 28, U.S.C., 1940 ed., that the

United States should not be liable for costs was deleted as covered

by section 2412 of this title.

The provision in section 9a(e) of title 28, U.S.C., 1940 ed.,

respecting stenographic transcripts furnished on appeals in civil

cases is extended by subsection (b) of the revised section to

include criminal cases. Obviously it would be inconsistent to

furnish the same to a poor person in a civil case involving money

only and to deny it in a criminal proceeding where life and liberty

are in jeopardy.

The provision of section 832 of title 28, U.S.C., 1940 ed., for

payment when authorized by the Attorney General was revised to

substitute the Director of the Administrative Office of the United

States Courts who now disburses such items.

Changes in phraseology were made.

1949 ACT

This amendment clarifies the meaning of subsection (b) of section

1915 of title 28, U.S.C., and supplies, in subsection (e) of

section 1915, an inadvertent omission to make possible the recovery

of public funds expended in printing the record for persons

successfully suing in forma pauperis.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-134, Sec. 101[(a)] [title VIII,

Sec. 804(a)(1)], designated first paragraph as par. (1),

substituted "Subject to subsection (b), any" for "Any", struck out

"and costs" after "of fees", substituted "submits an affidavit that

includes a statement of all assets such prisoner possesses" for

"makes affidavit", substituted "such fees" for "such costs",

substituted "the person" for "he" in two places, added par. (2),

and designated last paragraph as par. (3).

Subsec. (b). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

804(a)(3)], added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

804(a)(2), (4)], redesignated subsec. (b) as (c) and substituted

"subsections (a) and (b) and the prepayment of any partial filing

fee as may be required under subsection (b)" for "subsection (a) of

this section". Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

804(a)(2)], redesignated subsec. (c) as (d). Former subsec. (d)

redesignated (e).

Subsec. (e). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

804(a)(5)], amended subsec. (e) generally. Prior to amendment,

subsec. (e) read as follows: "The court may request an attorney to

represent any such person unable to employ counsel and may dismiss

the case if the allegation of poverty is untrue, or if satisfied

that the action is frivolous or malicious."

Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 804(a)(2)],

redesignated subsec. (d) as (e). Former subsec. (e) redesignated

(f).

Subsec. (f). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

804(a)(2), (c)], redesignated subsec. (e) as (f), designated

existing provisions as par. (1) and substituted "proceedings" for

"cases", and added par. (2).

Subsec. (g). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

804(d)], added subsec. (g).

Subsec. (h). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec.

804(e)], added subsec. (h).

1979 - Subsec. (b). Pub. L. 96-82 substituted "Upon the filing of

an affidavit in accordance with subsection (a) of this section, the

court may direct payment by the United States of the expenses of

(1) printing the record on appeal in any civil or criminal case, if

such printing is required by the appellate court; (2) preparing a

transcript of proceedings before a United States magistrate in any

civil or criminal case, if such transcript is required by the

district court, in the case of proceedings conducted under section

636(b) of this title or under section 3401(b) of title 18, United

States Code; and (3) printing the record on appeal if such printing

is required by the appellate court, in the case of proceedings

conducted pursuant to section 636(c) of this title" and "Such

expenses shall be paid when authorized by the Director of the

Administrative Office of the United States Courts" for "In any

civil or criminal case the court may, upon the filing of a like

affidavit, direct that the expense of printing the record on

appeal, if such printing is required by the appellate court, be

paid by the United States, and the same shall be paid when

authorized by the Director of the Administrative Office of the

United States Courts".

1959 - Subsec. (a). Pub. L. 86-320 substituted "person" for

"citizen".

1951 - Subsec. (b). Act Oct. 31, 1951, struck out "furnishing a

stenographic transcript and" after "expense of".

Subsec. (e). Act Oct. 31, 1951, inserted provision that the

United States shall not be liable for any of the costs incurred.

1949 - Subsec. (b). Act May 24, 1949, Sec. 98(a), inserted "such

printing is" between "if" and "required".

Subsec. (e). Act May 24, 1949, Sec. 98(b), inserted "or printed

record" after "stenographic transcript".

-CHANGE-

CHANGE OF NAME

"United States magistrate judge" substituted for "United States

magistrate" in subsec. (c) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1930, 2503 of this title;

title 10 section 867a; title 11 section 523; title 18 sections 983,

3006A.

-End-

-CITE-

28 USC Sec. 1915A 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1915A. Screening

-STATUTE-

(a) Screening. - The court shall review, before docketing, if

feasible or, in any event, as soon as practicable after docketing,

a complaint in a civil action in which a prisoner seeks redress

from a governmental entity or officer or employee of a governmental

entity.

(b) Grounds for Dismissal. - On review, the court shall identify

cognizable claims or dismiss the complaint, or any portion of the

complaint, if the complaint -

(1) is frivolous, malicious, or fails to state a claim upon

which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from

such relief.

(c) Definition. - As used in this section, the term "prisoner"

means any person incarcerated or detained in any facility who is

accused of, convicted of, sentenced for, or adjudicated delinquent

for, violations of criminal law or the terms and conditions of

parole, probation, pretrial release, or diversionary program.

-SOURCE-

(Added Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Sec.

805(a)], Apr. 26, 1996, 110 Stat. 1321, 1321-75; renumbered title

I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-End-

-CITE-

28 USC Sec. 1916 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1916. Seamen's suits

-STATUTE-

In all courts of the United States, seamen may institute and

prosecute suits and appeals in their own names and for their own

benefit for wages or salvage or the enforcement of laws enacted for

their health or safety without prepaying fees or costs or

furnishing security therefor.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 955.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 837 (June 12, 1917, ch.

27, Sec. 1, 40 Stat. 157; July 1, 1918, ch. 113, Sec. 1, 40 Stat.

683).

Changes in phraseology were made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1921 of this title.

-End-

-CITE-

28 USC Sec. 1917 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1917. District courts; fee on filing notice of or petition for

appeal

-STATUTE-

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 of a writ of certiorari

$5 shall be paid to the clerk of the district court, by the

appellant or petitioner.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 955.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 552 (Feb. 11, 1925, ch.

204, Sec. 5, 43 Stat. 857; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat.

54; Sept. 27, 1944, ch. 414, Sec. 3, 58 Stat. 744).

Words "to the clerk of the district court" were added to clarify

the intent of Congress, as shown by the title of the 1944 act

containing this section, and by the text of such Act in its

entirety.

Words "as an additional fee in said suit or action, or proceeding

in bankruptcy" were omitted. The entire text of the basic 1944 act

shows that Congress intended it to apply to all actions, suits and

proceedings, including bankruptcy proceedings, and nowhere else in

such act is any reference made to bankruptcy proceedings.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1918 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1918. District courts; fines, forfeitures and criminal

proceedings

-STATUTE-

(a) Costs shall be included in any judgment, order, or decree

rendered against any person for the violation of an Act of Congress

in which a civil fine or forfeiture of property is provided for.

(b) Whenever any conviction for any offense not capital is

obtained in a district court, the court may order that the

defendant pay the costs of prosecution.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 955.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 822 (R.S. Sec. 974).

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 844.

-End-

-CITE-

28 USC Sec. 1919 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1919. Dismissal for lack of jurisdiction

-STATUTE-

Whenever any action or suit is dismissed in any district court,

the Court of International Trade, or the Court of Federal Claims

for want of jurisdiction, such court may order the payment of just

costs.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 96-417, title V,

Sec. 510, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102-572, title IX,

Sec. 908(a), (b)(1), Oct. 29, 1992, 106 Stat. 4519.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 80 (Mar. 3, 1911, ch.

231, Sec. 37, 36 Stat. 1098).

Words "dismissed for want of jurisdiction" were substituted for

"it shall appear to the satisfaction of the said district court, at

any time after such suit has been brought or removed thereto, that

such suit does not really and substantially involve a dispute or

controversy properly within the jurisdiction of said district

court". The substituted language is sufficient. (See reviser's note

under section 1359 of this title.) The provisions of section 80 of

title 28, U.S.C., 1940 ed., relating to dismissal for improper or

collusive joinder in removal proceedings, are incorporated in

section 1359 of this title. Other provisions of section 80 of title

28, U.S.C., 1940 ed., appear in section 1447 of this title.

Changes were made in phraseology.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "Dismissal" for "District

courts; dismissal" in section catchline and inserted reference to

Court of Federal Claims in text.

1980 - Pub. L. 96-417 included dismissals in Court of

International Trade for want of jurisdiction.

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 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil

actions commenced on or after Nov. 1, 1980, see section

701(b)(1)(E) of Pub. L. 96-417, set out as a note under section 251

of this title.

-End-

-CITE-

28 USC Sec. 1920 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1920. Taxation of costs

-STATUTE-

A judge or clerk of any court of the United States may tax as

costs the following:

(1) Fees of the clerk and marshal;

(2) Fees of the court reporter for all or any part of the

stenographic transcript necessarily obtained for use in the case;

(3) Fees and disbursements for printing and witnesses;

(4) Fees for exemplification and copies of papers necessarily

obtained for use in the case;

(5) Docket fees under section 1923 of this title;

(6) Compensation of court appointed experts, compensation of

interpreters, and salaries, fees, expenses, and costs of special

interpretation services under section 1828 of this title.

A bill of costs shall be filed in the case and, upon allowance,

included in the judgment or decree.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 95-539, Sec. 7, Oct.

28, 1978, 92 Stat. 2044.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 9a(a) and 830 (R.S.

Sec. 983; Mar. 3, 1911, ch. 231, Sec. 5a, as added Jan. 20, 1944,

ch. 3, Sec. 1, 58 Stat. 5).

For distribution of other provisions of section 9a of title 28,

U.S.C., 1940 ed., see table at end of reviser's notes.

Word "may" was substituted for "shall" before "tax as costs," in

view of Rule 54(d) of the Federal Rules of Civil Procedure,

providing for allowance of costs to the prevailing party as of

course "unless the court otherwise directs".

Changes were made in phraseology.

AMENDMENTS

1978 - Par. (6). Pub. L. 95-539 added par. (6).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-539 effective Oct. 28, 1978, see section

10(a) of Pub. L. 95-539, set out as a note under section 602 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1821, 2412, 2503 of this

title; title 21 section 844.

-End-

-CITE-

28 USC Sec. 1921 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1921. United States marshal's fees

-STATUTE-

(a)(1) The United States marshals or deputy marshals shall

routinely collect, and a court may tax as costs, fees for the

following:

(A) Serving a writ of possession, partition, execution,

attachment in rem, or libel in admiralty, warrant, attachment,

summons, complaints, or any other writ, order or process in any

case or proceeding.

(B) Serving a subpoena or summons for a witness or appraiser.

(C) Forwarding any writ, order, or process to another judicial

district for service.

(D) The preparation of any notice of sale, proclamation in

admiralty, or other public notice or bill of sale.

(E) The keeping of attached property (including boats, vessels,

or other property attached or libeled), actual expenses incurred,

such as storage, moving, boat hire, or other special

transportation, watchmen's or keepers' fees, insurance, and an

hourly rate, including overtime, for each deputy marshal required

for special services, such as guarding, inventorying, and moving.

(F) Copies of writs or other papers furnished at the request of

any party.

(G) Necessary travel in serving or endeavoring to serve any

process, writ, or order, except in the District of Columbia, with

mileage to be computed from the place where service is returnable

to the place of service or endeavor.

(H) Overtime expenses incurred by deputy marshals in the course

of serving or executing civil process.

(2) The marshals shall collect, in advance, a deposit to cover

the initial expenses for special services required under paragraph

(1)(E), and periodically thereafter such amounts as may be

necessary to pay such expenses until the litigation is concluded.

This paragraph applies to all private litigants, including seamen

proceeding pursuant to section 1916 of this title.

(3) For purposes of paragraph (1)(G), if two or more services or

endeavors, or if an endeavor and a service, are made in behalf of

the same party in the same case on the same trip, mileage shall be

computed to the place of service or endeavor which is most remote

from the place where service is returnable, adding thereto any

additional mileage traveled in serving or endeavoring to serve in

behalf of the party. If two or more writs of any kind, required to

be served in behalf of the same party on the same person in the

same case or proceeding, may be served at the same time, mileage on

only one such writ shall be collected.

(b) The Attorney General shall from time to time prescribe by

regulation the fees to be taxed and collected under subsection (a).

Such fees shall, to the extent practicable, reflect the actual and

reasonable cost of the service provided.

(c)(1) The United States Marshals Service shall collect a

commission of 3 percent of the first $1,000 collected and 1 1/2

percent on the excess of any sum over $1,000, for seizing or

levying on property (including seizures in admiralty), disposing of

such property by sale, setoff, or otherwise, and receiving and

paying over money, except that the amount of commission shall be

within the range set by the Attorney General. if (!1) the property

is not disposed of by marshal's sale, the commission shall be in

such amount, within the range set by the Attorney General, as may

be allowed by the court. In any case in which the vessel or other

property is sold by a public auctioneer, or by some party other

than a marshal or deputy marshal, the commission authorized under

this subsection shall be reduced by the amount paid to such

auctioneer or other party. This subsection applies to any

judicially ordered sale or execution sale, without regard to

whether the judicial order of sale constitutes a seizure or levy

within the meaning of State law. This subsection shall not apply to

any seizure, forfeiture, sale, or other disposition of property

pursuant to the applicable provisions of law amended by the

Comprehensive Forfeiture Act of 1984 (98 Stat. 2040).

(2) The Attorney General shall prescribe from time to time

regulations which establish a minimum and maximum amount for the

commission collected under paragraph (1).

(d) The United States marshals may require a deposit to cover the

fees and expenses prescribed under this section.

(e) Notwithstanding section 3302 of title 31, the United States

Marshals Service is authorized, to the extent provided in advance

in appropriations Acts -

(1) to credit to such Service's appropriation all fees,

commissions, and expenses collected by such Service for -

(A) the service of civil process, including complaints,

summonses, subpoenas, and similar process; and

(B) seizures, levies, and sales associated with judicial

orders of execution; and

(2) to use such credited amounts for the purpose of carrying

out such activities.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 955; Sept. 9, 1950, ch. 937, 64

Stat. 824; Pub. L. 87-621, Sec. 1, Aug. 31, 1962, 76 Stat. 417;

Pub. L. 99-646, Sec. 39(a), Nov. 10, 1986, 100 Stat. 3600; Pub. L.

100-690, title VII, Sec. 7608(c), Nov. 18, 1988, 102 Stat. 4515;

Pub. L. 101-647, title XII, Sec. 1212, Nov. 29, 1990, 104 Stat.

4833.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 574 (R.S. Secs. 823,

829; May 28, 1896, ch. 252, Sec. 6, 29 Stat. 179; May 29, 1930, ch.

356, 46 Stat. 486; Aug. 3, 1935, ch. 431, Sec. 2, 49 Stat. 513).

Provisions for serving venires and summoning grand and petit

jurors were omitted as useless since marshal's fees are now covered

into the Treasury and there is no basis for apportioning the cost

of summoning jurors for a term of court and taxing the same to

individual cases.

The marshal's fee "for holding a court of inquiry or other

proceedings before a jury, including summoning a jury, $5" is

omitted as obsolete in the Federal practice. See, Black's Law

Dictionary "Court of Inquiry." See, also, Webster's International

Dictionary.

A fee of 50 cents "for each bail bond" is omitted as covered by

the general provision for taxation of marshal's fees in criminal

cases.

The provisions for a fee of $5 for drawing and executing a deed

and $1 for executing a deed prepared by a party or his attorney are

omitted as unnecessary. It is the marshal's duty to execute

conveyances of property which he sells on execution and his salary

compensates him therefor. There is no occasion for him to draw such

a deed and no beneficial purpose in taxing the parties a fee for

his signature.

The 2 per centum fee for disbursing moneys is omitted as an

unnecessary burden upon funds belonging to litigants.

The provision that a folio consists of "100 words or major

fraction thereof" is inserted to conform with section 607 of title

28, U.S.C., 1940 ed., which is transferred to title 44, U.S.C.,

1940 ed., Public Printing and Documents, along with section 606 of

said title 28, to which said section 607 also relates.

The provision for a lump sum to be determined by the court and

taxed in criminal cases was added. It fixes a maximum of $25 in

misdemeanor cases and $100 in felony cases. It may be questioned

whether costs as such should ever be taxed against the convicted

defendant in a criminal case. The acquitted defendant is not

permitted to tax costs against the United States. Indeed the

allowance of costs in criminal cases is not a matter of right but

rests completely within the discretion of the court. Morris v.

United States, 1911, 185 Fed. 73, 107 C.C.A. 293.

In Alberty v. U.S., C.C.A.9, 1937, 91 F.2d 461, the defendant was

fined $100 on each of 11 accounts of an indictment under the 1906

Food and Drug Act (title 21, Secs. 2, 10, U.S.C., 1934 ed., as

amended). Costs of prosecution were taxed in the sum of $1,499.80.

Yet the court in its discretion might have reached substantially

the same result by imposing a fine of $200 on each count without

any taxation of costs.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Comprehensive Forfeiture Act of 1984, referred to in subsec.

(c)(1), is chapter III of title II of Pub. L. 98-473, Oct. 12,

1984, 98 Stat. 2040, as amended. For complete classification of

this Act to the Code, see Short Title of 1984 Amendment note set

out under section 1961 of Title 18, Crimes and Criminal Procedure,

and Tables.

-MISC2-

AMENDMENTS

1990 - Subsec. (c)(1). Pub. L. 101-647 substituted "if the

property is not disposed of by marshal's sale" for "If the property

is to be disposed of by marshal's sale".

1988 - Pub. L. 100-690 added subsecs. (a) to (d), struck out

former subsecs. (a) and (b), and redesignated former subsec. (c) as

(e).

1986 - Pub. L. 99-646 designated existing provisions as subsec.

(a) with pars. (1) to (9) and subsec. (b) with pars. (1) and (2),

substituted a period for the semicolon at end of each par., and

added subsec. (c).

1962 - Pub. L. 87-621 increased fees for serving an attachment in

rem, or libel in admiralty, warrant, attachment, summons, capias,

or any other writ from $2 to $3, for serving a subpoena or summons

for a witness or appraiser from 50 cents to $2, for preparation of

a proclamation in admiralty from 30 cents to $3, and for copies of

writs or other papers furnished at the request of any party from 10

to 30 cents per folio of 100 words or fraction thereof, and mileage

for necessary travel from 10 cents a mile to 12 cents per mile, or

fraction thereof, inserted provisions authorizing a fee of $1, in

addition to the prescribed fee, for forwarding any writ, order, or

process to another judicial district for service, and $3 for

preparation of any notice of sale or other public notice or bill of

sale, permitting payment of travel expenses where there is an

endeavor to serve any process, writ, or order, prohibiting

collection of mileage fees for services or endeavors to serve in

the District of Columbia, and empowering marshals to require a

deposit to cover all fees and expenses, and substituted provisions

authorizing a fee of $3 for serving a writ of possession,

partition, execution, order or process, and commissions of 3 per

centum on the first $1,000 collected and 1 1/2 per centum on

amounts over $1,000 for seizing and levying on property (including

seizures in admiralty), disposing of the same and receiving and

paying over the money for provisions which permitted a marshal

serving such a writ or process, and seizing and levying on

property, advertising and disposing of the same and receiving and

paying over the money, to receive the same fees and poundage as

allowed for similar services to the sheriffs of the States in which

the service is rendered, and 2 1/2 per centum on any sum under

$500, and 1 1/2 per centum on amounts over $500 for sale of

vessels or other property under process in admiralty, or under the

order of a court of admiralty, and provisions permitting collection

of actual expenses incurred, and $3 per hour for each deputy

marshal required, for the keeping of property attached, and

directing the marshal to collect, in advance, a deposit to cover

initial expenses and periodically thereafter such amounts as

necessary to pay expenses until litigation is concluded, for

provisions which allowed only such compensation as the court, on

petition, might allow.

1950 - Act Sept. 9, 1950, increased mileage fees from 6 to 10

cents a mile.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 39(b) of Pub. L. 99-646 provided that: "The amendments

made by this section [amending this section] shall take effect 30

days after the date of enactment of this Act [Nov. 10, 1986]."

EFFECTIVE DATE OF 1962 AMENDMENT

Section 3 of Pub. L. 87-621 provided that: "This Act [amending

this section] shall become effective ninety days after enactment

[Aug. 31, 1962]."

COLLECTION AND DISPOSITION OF FEES AND EXPENSES FOR SERVICES

Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 997, provided

in part: "That notwithstanding the provisions of title 31 U.S.C.

3302, for fiscal year 1990 and hereafter the Director of the United

States Marshals Service may collect fees and expenses for the

services authorized by 28 U.S.C. 1921 as amended by Public Law

100-690, and credit such fees to this appropriation to be used for

salaries and other expenses incurred in providing these services".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 3711.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

28 USC Sec. 1922 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1922. Witness fees before United States magistrate judges

-STATUTE-

The fees of more than four witnesses shall not be taxed against

the United States, in the examination of any criminal case before a

United States magistrate judge, unless their materiality and

importance are first approved and certified to by the United States

attorney for the district in which the examination is had.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 956; Pub. L. 90-578, title IV,

Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 828 (R.S. Sec. 981; May

28, 1896, ch. 252, Sec. 19, 29 Stat. 184).

Last clause of section 828 of title 28, U.S.C., 1940 ed.,

providing "and such taxation shall be subject to revision, as in

other cases" was omitted as unnecessary in view of the inherent

power of the court to revise costs taxed.

Changes were made in phraseology.

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" substituted for "United States

magistrates" in section catchline and "United States magistrate

judge" substituted for "United States magistrate" in text pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of this title. Previously, "United States magistrates" and

"United States magistrate" substituted for "United States

commissioners" and "United States commissioner", respectively,

pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of

this title.

-End-

-CITE-

28 USC Sec. 1923 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1923. Docket fees and costs of briefs

-STATUTE-

(a) Attorney's and proctor's docket fees in courts of the United

States may be taxed as costs as follows:

$20 on trial or final hearing (including a default judgment

whether entered by the court or by the clerk) in civil, criminal,

or admiralty cases, except that in cases of admiralty and maritime

jurisdiction where the libellant recovers less than $50 the

proctor'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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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), substituted "fees" for

"courts" in section catchline.

Subsecs. (a), (c), (e). Pub. L. 98-353, Sec. 111(a), substituted

"clerk of the court" for "clerk of the bankruptcy court".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 113],

Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that the

amendment made by section 1000(a)(1) [title I, Sec. 113] is

effective 30 days after Nov. 29, 1999.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 111(a) of Pub. L. 103-121 provided in part that the

amendment made by that section is effective 30 days after Oct. 27,

1993.

Section 111(b) of Pub. L. 103-121 provided in part that the

amendment made by that section is effective 30 days after Oct. 27,

1993.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 111 of Pub. L. 102-140 provided that the amendment made

by that section is effective 60 days after Oct. 28, 1991.

EFFECTIVE DATE OF 1989 AMENDMENT; MISCELLANEOUS FEES

Section 406(a) of Pub. L. 101-162 provided that: "Section

1930(a)(1) of title 28, United States Code, is amended by striking

out '$90' and inserting in lieu thereof '$120'. Pursuant to section

1930(b) of title 28, the Judicial Conference of the United States

shall prescribe a fee of $60 on motions seeking relief from the

automatic stay under 11 U.S.C. section 362(b) and motions to compel

abandonment of property of the estate. The fees established

pursuant to the preceding two sentences shall take effect 30 days

after the enactment of this Act [Nov. 21, 1989]."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, with effective date and applicability of enactment of subsec.

(a)(6) of this section by section 117(4) of Pub. L. 99-554

dependent upon the judicial district involved, see section 302(a),

(d), (e) of Pub. L. 99-554, set out as a note under section 581 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-353 effective July 10, 1984, see section

122(a) of Pub. L. 98-353, set out as an Effective Date note under

section 151 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 402(c) of Pub. L.

95-598, set out as a note preceding section 101 of Title 11,

Bankruptcy.

ACCRUAL AND PAYMENT OF QUARTERLY FEES IN CHAPTER 11 CASES AFTER

JAN. 27, 1996; CONFIRMATION STATUS OF PLANS

Section 101(a) of Pub. L. 104-91, as amended by Pub. L. 104-208,

div. A, title I, Sec. 101(a) [title I, Sec. 109(d)], Sept. 30,

1996, 110 Stat. 3009, 3009-19, provided in part: "That,

notwithstanding any other provision of law, the fees under 28

U.S.C. 1930(a)(6) shall accrue and be payable from and after

January 27, 1996, in all cases (including, without limitation, any

cases pending as of that date), regardless of confirmation status

of their plans".

REPORT ON BANKRUPTCY FEES

Section 111(d) of Pub. L. 103-121 provided that:

"(1) Report required. - Not later than March 31, 1998, the

Judicial Conference of the United States shall submit to the

Committees on the Judiciary of the House of Representatives and the

Senate, a report relating to the bankruptcy fee system and the

impact of such system on various participants in bankruptcy cases.

"(2) Contents of report. - Such report shall include -

"(A)(i) an estimate of the costs and benefits that would result

from waiving bankruptcy fees payable by debtors who are

individuals, and

"(ii) recommendations regarding various revenue sources to

offset the net cost of waiving such fees; and

"(B)(i) an evaluation of the effects that would result in cases

under chapters 11 and 13 of title 11, United States Code, from

using a graduated bankruptcy fee system based on assets,

liabilities, or both of the debtor, and

"(ii) recommendations regarding various methods to implement

such a graduated bankruptcy fee system.

"(3) Waiver of fees in selected districts. - For purposes of

carrying out paragraphs (1) and (2), the Judicial Conference of the

United States shall carry out in not more than six judicial

districts, throughout the 3-year period beginning on October 1,

1994, a program under which fees payable under section 1930 of

title 28, United States Code, may be waived in cases under chapter

7 of title 11, United States Code, for debtors who are individuals

unable to pay such fees in installments.

"(4) Study of graduated fee system. - For purposes of carrying

out paragraphs (1) and (2), the Judicial Conference of the United

States shall carry out, in not fewer than six judicial districts, a

study to estimate the results that would occur in cases under

chapters 11 and 13 of title 11, United States Code, if filing fees

payable under section 1930 of title 28, United States Code, were

paid on a graduated scale based on assets, liabilities, or both of

the debtor."

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.

ISSUANCE OF NOTICES TO CREDITORS AND OTHER INTERESTED PARTIES

Section 403 of Pub. L. 101-162 provided that: "Notwithstanding

any other provision of law, for fiscal year 1990 and hereafter, (a)

The Administrative Office of the United States Courts, or any other

agency or instrumentality of the United States, is prohibited from

restricting solely to staff of the Clerks of the United States

Bankruptcy Courts the issuance of notices to creditors and other

interested parties. (b) The Administrative Office shall permit and

encourage the preparation and mailing of such notices to be

performed by or at the expense of the debtors, trustees or such

other interested parties as the Court may direct and approve. (c)

The Director of the Administrative Office of the United States

Courts shall make appropriate provisions for the use of and

accounting for any postage required pursuant to such directives."

COLLECTION AND DISPOSITION OF FEES IN BANKRUPTCY CASES

Section 404(a) of Pub. L. 101-162 provided that: "For fiscal year

1990 and hereafter, such fees as shall be collected for the

preparation and mailing of notices in bankruptcy cases as

prescribed by the Judicial Conference of the United States pursuant

to 28 U.S.C. 1930(b) shall be deposited to the 'Courts of Appeals,

District Courts, and Other Judicial Services, Salaries and

Expenses' appropriation to be used for salaries and other expenses

incurred in providing these services."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 589a of this title; title

11 sections 104, 1129.

-End-

-CITE-

28 USC Sec. 1931 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1931. Disposition of filing fees

-STATUTE-

(a) Of the amounts paid to the clerk of court as a fee under

section 1914(a) or as part of a judgment for costs under section

2412(a)(2) of this title, $90 shall be deposited into a special

fund of the Treasury to be available to offset funds appropriated

for the operation and maintenance of the courts of the United

States.

(b) If the court authorizes a fee under section 1914(a) or an

amount included in a judgment for costs under section 2412(a)(2) of

this title of less than $150, the entire fee or amount, up to $90,

shall be deposited into the special fund provided in this section.

-SOURCE-

(Added Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 407(c)], Oct.

18, 1986, 100 Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec.

101(b) [title IV, Sec. 407(c)], Oct. 30, 1986, 100 Stat. 3341-39,

3341-64; amended Pub. L. 101-162, title IV, Sec. 406(d), Nov. 21,

1989, 103 Stat. 1016; Pub. L. 102-572, title III, Sec. 301(b), Oct.

29, 1992, 106 Stat. 4511; Pub. L. 104-317, title IV, Sec. 401(b),

Oct. 19, 1996, 110 Stat. 3853.)

-COD-

CODIFICATION

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

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-317, Sec. 401(b)(1), substituted

"$90" for "$60".

Subsec. (b). Pub. L. 104-317, Sec. 401(b)(2), substituted "$150"

for "$120" and "$90" for "$60".

1992 - Pub. L. 102-572 substituted present provisions for former

provisions which read as follows:

"The following portion of moneys paid to the clerk of court as

filing fees under this chapter shall be deposited into a special

fund of the Treasury to be available to offset funds appropriated

for the operation and maintenance of the courts of the United

States:

"Under section 1914(a), $60."

1989 - Pub. L. 101-162, which directed that "as provided in

annual appropriation acts" be struck out before colon, was executed

by striking out "as provided in annual appropriation Acts" before

colon as probable intent of Congress.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-317 effective 60 days after Oct. 19,

1996, see section 401(c) of Pub. L. 104-317, set out as a note

under section 1914 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

DISPOSITION OF FEES

Pub. L. 106-518, title I, Sec. 102, Nov. 13, 2000, 114 Stat.

2411, provided that: "For fiscal year 2001 and each fiscal year

thereafter, any portion of miscellaneous fees collected as

prescribed by the Judicial Conference of the United States under

sections 1913, 1914(b), 1926(a), 1930(b), and 1932 of title 28,

United States Code, exceeding the amount of such fees in effect on

September 30, 2000, shall be deposited into the special fund of the

Treasury established under section 1931 of title 28, United States

Code."

Section 404 of Pub. L. 104-317 provided that:

"(a) Disposition of Attorney Admission Fees. - For each fee

collected for admission of an attorney to practice, as prescribed

by the Judicial Conference of the United States pursuant to section

1914 of title 28, United States Code, $30 of that portion of the

fee exceeding $20 shall be deposited into the special fund of the

Treasury established under section 1931 of title 28, United States

Code. Any portion exceeding $5 of the fee for a duplicate

certificate of admission or certificate of good standing, as

prescribed by the Judicial Conference of the United States pursuant

to section 1914 of title 28, United States Code, shall be deposited

into the special fund of the Treasury established under section

1931 of title 28, United States Code.

"(b) Disposition of Bankruptcy Complaint Filing Fees. - For each

fee collected for filing an adversary complaint in a bankruptcy

proceeding, as established in Item 6 of the Bankruptcy Court

Miscellaneous Fee Schedule prescribed by the Judicial Conference of

the United States pursuant to section 1930(b) of title 28, United

States Code, the portion of the fee exceeding $120 shall be

deposited into the special fund of the Treasury established under

section 1931 of title 28, United States Code.

"(c) Effective Date. - This section shall take effect 60 days

after the date of the enactment of this Act [Oct. 19, 1996]."

COLLECTION AND DEPOSIT OF MISCELLANEOUS BANKRUPTCY FEES

Section 406(b) of Pub. L. 101-162, as amended by Pub. L. 103-121,

title I, Sec. 111(a)(3), (b)(4), Oct. 27, 1993, 107 Stat. 1164;

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 II, Sec.

209(a), Nov. 13, 2000, 114 Stat. 2415, provided that: "All fees as

shall be hereafter collected for any service not of a kind

described in any of the items enumerated as items 1 through 7 and

as items 9 through 18, as in effect on November 21, 1989, of the

bankruptcy miscellaneous fee schedule prescribed by the Judicial

Conference of the United States pursuant to 28 U.S.C. section

1930(b) and 33.87 percent of the fees hereafter collected under 28

U.S.C. section 1930(a)(1) and 25 percent of the fees hereafter

collected under 28 U.S.C. section 1930(a)(3) shall be deposited as

offsetting receipts to the fund established under 28 U.S.C. section

1931 and shall remain available to the Judiciary until expended to

reimburse any appropriation for the amount paid out of such

appropriation for expenses of the Courts of Appeals, District

Courts, and other Judicial Services and the Administrative Office

of the United States Courts. The Judicial Conference shall report

to the Committees on Appropriations of the House of Representatives

and the Senate on a quarterly basis beginning on the first day of

each fiscal year regarding the sums deposited in said fund."

[For termination, effective May 15, 2000, of provisions relating

to a quarterly report to the Committees on Appropriations of the

House of Representatives and the Senate in section 406(b) of Pub.

L. 101-162, as amended, set out above, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 12 of House Document No. 103-7.]

[Pub. L. 106-518, title II, Sec. 209(b), Nov. 13, 2000, 114 Stat.

2415, provided that: "The amendment made by subsection (a)

[amending section 406(b) of Pub. L. 101-162, set out above] shall

not apply with respect to fees collected before the date of

enactment of this Act [Nov. 13, 2000]."]

[Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 113],

Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that the

amendment to section 406(b) of Pub. L. 101-162, set out above, is

effective 30 days after Nov. 29, 1999.]

[Section 111(a), (b) of Pub. L. 103-121 provided in part that the

amendments to section 406(b) of Pub. L. 101-162, set out above, are

effective 30 days after Oct. 27, 1993.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 604, 1827, 1930 of this

title.

-End-

-CITE-

28 USC Sec. 1932 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1932.(!1) Judicial Panel on Multidistrict Litigation

-STATUTE-

-STATUTE-

The Judicial Conference of the United States shall prescribe from

time to time the fees and costs to be charged and collected by the

Judicial Panel on Multidistrict Litigation.

-SOURCE-

(Added Pub. L. 104-317, title IV, Sec. 403(a)(1), Oct. 19, 1996,

110 Stat. 3854.)

-FOOTNOTE-

(!1) Two sections 1932 have been enacted.

-End-

-CITE-

28 USC Sec. 1932 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 123 - FEES AND COSTS

-HEAD-

Sec. 1932.(!1) Revocation of earned release credit

-STATUTE-

In any civil action brought by an adult convicted of a crime and

confined in a Federal correctional facility, the court may order

the revocation of such earned good time credit under section

3624(b) of title 18, United States Code, that has not yet vested,

if, on its own motion or the motion of any party, the court finds

that -

(1) the claim was filed for a malicious purpose;

(2) the claim was filed solely to harass the party against

which it was filed; or

(3) the claimant testifies falsely or otherwise knowingly

presents false evidence or information to the court.

-SOURCE-

(Added Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Sec.

809(a)], Apr. 26, 1996, 110 Stat. 1321, 1321-76; renumbered title

I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-End-