Title 28, Judiciary and Judicial ProcedureRelease 119-102
§1917 District Courts; Fee on Filing Notice of or Petition for Appeal
Title 28 › PART V — PROCEDURE › CHAPTER 123 — FEES AND COSTS › § 1917
Summary
Pay $5 to the district court clerk when filing or when an appeal or certiorari is allowed; the appellant/petitioner must pay.
Full Legal Text
Title 28, §1917
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 552 (Feb. 11, 1925, ch. 204, § 5, 43 Stat. 857; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Sept. 27, 1944, ch. 414, § 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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1917
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102