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28 U.S.C. § 1914 — District court; filing and miscellaneous fees; rules of court
Federal law — U.S. Code and appendices · legal_authorities
**(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 $350, 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.
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Stable record: federal_law:legal_authorities:record_usc_9db258bfa34ddb3cb5fa4705
Source file: Laws/federal/codes/united-states-code/title-28/section-1914-district-court-filing-and-miscellaneous-fees-rules-of-court--ea8a94e098.md
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Source location: Title 28, Chapter 123, § 1914; chapter-123-fees-and-costs.md
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**(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 $350, 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.
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Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/a/2&num=0&edition=prelim), $190 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/a/2&num=0&edition=prelim) of less than $250, the entire fee or amount, up to $190, shall be deposited into the special fund provided in this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1931
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Federal law — U.S. Code and appendices · legal_authorities
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 for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under [section 1923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1923&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1828&num=0&edition=prelim).
A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1913
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Federal law — U.S. Code and appendices · legal_authorities
Necessary office expenses of United States attorneys shall be allowed when authorized by the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
Page 482
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1913
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. How-
ever, no change in the text of this section was nec-
essary. See 80th Congress Senate Report No. 1559.
§ 1913. Courts of appeals
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 rea-
sonable and uniform in all the circuits.
(June 25, 1948, ch. 646, 62 Stat. 954.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 543 (Mar. 3, 1891,
ch. 517, § 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 Ap-
peals 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.
Statutory Notes and Related Subsidiaries
APPEALS FILED IN COURTS OF APPEALS
Pub. L. 109–171, title X, § 10001(b), Feb. 8, 2006, 120
Stat. 183, provided that: ‘‘The $250 fee for docketing a
case on appeal or review, or docketing any other pro-
ceeding, in a court of appeals, as prescribed by the Ju-
dicial Conference, effective as of January 1, 2005, under
section 1913 of title 28, United States Code, shall be in-
creased to $450.’’
COURT FEES FOR ELECTRONIC ACCESS TO INFORMATION
Pub. L. 102–140, title III, § 303, Oct. 28, 1991, 105 Stat.
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1914
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