Legislación
US (United States) Code. Title 28. Part V: Procedure. Chapter 123: Fees and costs
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28 USC CHAPTER 123 - FEES AND COSTS 01/06/03
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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.
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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.)
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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.
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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.)
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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.
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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.)
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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.)
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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-
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28 USC Sec. 1915A 01/06/03
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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-
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| Idioma: | inglés |
| País: | Estados Unidos |
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