§1923 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Sets fixed docket fees that can be added to court costs for lawyers and proctors. A $20 fee applies at trial or final hearing in civil, criminal, or admiralty cases, except in admiralty if the person who sued recovers less than $50, then the proctor’s fee is $10. Admiralty appeals are $20 if the amount is $1,000 or less, $50 if not over $5,000, and $100 if over $5,000. Other fees: $5 when a civil case is discontinued, $5 on a motion for judgment or similar recognizance actions, and $2.50 for each deposition used as evidence. Fees collected by U.S. attorneys and U.S. trustees must go to the court clerk and then be paid into the Treasury. In admiralty appeals, the court may allow the winning party up to $25 for printing briefs when the amount is $1,000 or less, $50 when not over $5,000, and $75 when over $5,000.

Title 28, §1923

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 571, 572, and 578 (R.S. §§ 823, 824;

May 28, 1896, ch. 252, §§ 6, 24, 29 Stat. 179, 186; Feb. 26, 1919, ch. 49, § 1, 40 Stat. 1182;

July 19, 1919, ch. 24, § 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, § 1, 49 Stat. 513). Section consolidates section 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.

Editorial Notes

Codification Pub. L. 95–598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98–166, title II, § 200, Nov. 28, 1983, 97 Stat. 1081; Pub. L. 98–353, title III, § 323, July 10, 1984, 98 Stat. 358; Pub. L. 99–429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99–500, § 101(b) [title II, § 200], Oct. 18, 1986, 100 Stat. 1783–39, 1783–45, and Pub. L. 99–591, § 101(b) [title II, § 200], Oct. 30, 1986, 100 Stat. 3341–39, 3341–45; Pub. L. 99–554, title III, § 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, § 307(b), Oct. 27, 1986, 100 Stat. 3125.

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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment 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.

§1923 Docket fees and costs of briefs

Summary

Title 28, §1923

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata