28 U.S.C. § 1926 — Court of Federal Claims

Page 489 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1927 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which provided for the deletion of any references to United States Trustees in this title at a prospective date, was repealed by Pub.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 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. § 1924. Verification of bill of costs 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 per- formed. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 831 (R.S. § 984; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Section as revised conforms to existing Federal Prac- tice. See note to subdivision (d) of Rule 54 of the Fed- eral Rules of Civil Procedure. For discussion as to verification of bill of costs under existing practice, see—8 Hughes, Federal Practice, Jurisdiction and Pro- cedure—Civil and Criminal, § 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. § 1925. Admiralty and maritime cases Except as otherwise provided by Act of Con- gress, the allowance and taxation of costs in ad- miralty and maritime cases shall be prescribed by rules promulgated by the Supreme Court. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES This section was drafted to make possible the pro- mulgation of comprehensive and uniform rules gov- erning costs in admiralty. Various enactments of Con- gress, all over 100 years old, relate to particular fea- tures of such matter, but do not set forth any com- prehensive and uniform procedure. See, for example, sections 818, 826, and 827 of title 28, U.S.C., 1940 ed. § 1926. Court of Federal Claims (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 pay- ment of fees by rule. (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 97–164, title I, § 139(p)(1), Apr. 2, 1982, 96 Stat. 44; Pub. L. 102–572, title IX, § 902(b), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 304 (Mar. 3, 1911, ch. 231, § 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. Editorial Notes 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 pre- scribe 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 pre- scribes, with the court authorized to require advance payment of fees by rule for provisions which had di- rected 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 ac- counted for and paid over to the Treasury. Statutory Notes and Related Subsidiaries 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 in- formation available through automatic data processing equipment and fees to be deposited in Judiciary Auto- mation Fund, see section 303 of Pub. L. 102–140, set out as a note under section 1913 of this title. § 1927. Counsel’s liability for excessive costs Any attorney or other person admitted to con- duct cases in any court of the United States or any Territory thereof who so multiplies the pro- ceedings in any case unreasonably and vexa- tiously may be required by the court to satisfy personally the excess costs, expenses, and attor- neys’ fees reasonably incurred because of such conduct.