Title 28Judiciary and Judicial ProcedureRelease 119-73

§1912 Damages and costs on affirmance

Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 123— - FEES AND COSTS › § 1912

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 28, §1912

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 878, and section 1141(c)(4) of title 26 U.S.C., 1940 ed., Internal Revenue Code (R.S. § 1010; Mar. 3, 1911, ch. 231, §§ 117, 289, 36 Stat. 1131, 1167; Feb. 10, 1939, ch. 2, § 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 AmendmentBy 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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Reference

Citations & Metadata

Citation

28 U.S.C. § 1912

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73