28 U.S.C. § 1921 — United States marshal’s fees

Page 486 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1920 1980—Pub. L. 96–417 included dismissals in Court of International Trade for want of jurisdiction. 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 1980 AMENDMENT Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(E) of Pub. L. 96–417, set out as a note under section 251 of this title. § 1920. Taxation of costs 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 re- corded 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 cop- ies are necessarily obtained for use in the case; (5) Docket fees under section 1923 of this title; (6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpreta- tion services under section 1828 of this title. A bill of costs shall be filed in the case and, upon allowance, included in the judgment or de- cree. (June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 95–539, § 7, Oct. 28, 1978, 92 Stat. 2044; Pub. L. 110–406, § 6, Oct. 13, 2008, 122 Stat. 4292.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 9a(a) and 830 (R.S. § 983; Mar. 3, 1911, ch. 231, § 5a, as added Jan. 20, 1944, ch. 3, § 1, 58 Stat. 5). For distribution of other provisions of section 9a of title 28, U.S.C., 1940 ed., see table at end of reviser’s notes. Word ‘‘may’’ was substituted for ‘‘shall’’ before ‘‘tax as costs,’’ in view of Rule 54(d) of the Federal Rules of Civil Procedure, providing for allowance of costs to the prevailing party as of course ‘‘unless the court other- wise directs’’. Changes were made in phraseology. Editorial Notes AMENDMENTS 2008—Par. (2). Pub. L. 110–406, § 6(1), substituted ‘‘for printed or electronically recorded transcripts’’ for ‘‘of the court reporter for all or any part of the steno- graphic transcript’’. Par. (4). Pub. L. 110–406, § 6(2), substituted ‘‘the costs of making copies of any materials where the copies are’’ for ‘‘copies of papers’’. 1978—Par. (6). Pub. L. 95–539 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–539 effective Oct. 28, 1978, see section 10(a) of Pub. L. 95–539, set out as a note under section 602 of this title. § 1921. United States marshal’s fees (a)(1) The United States marshals or deputy marshals shall routinely collect, and a court may tax as costs, fees for the following: (A) Serving a writ of possession, partition, execution, attachment in rem, or libel in ad- miralty, warrant, attachment, summons, com- plaints, or any other writ, order or process in any case or proceeding. (B) Serving a subpoena or summons for a witness or appraiser. (C) Forwarding any writ, order, or process to another judicial district for service. (D) The preparation of any notice of sale, proclamation in admiralty, or other public no- tice or bill of sale. (E) The keeping of attached property (in- cluding boats, vessels, or other property at- tached or libeled), actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmen’s or keepers’ fees, insurance, and an hourly rate, including overtime, for each deputy marshal required for special services, such as guarding, inventorying, and moving. (F) Copies of writs or other papers furnished at the request of any party. (G) Necessary travel in serving or endeavor- ing to serve any process, writ, or order, except in the District of Columbia, with mileage to be computed from the place where service is re- turnable to the place of service or endeavor. (H) Overtime expenses incurred by deputy marshals in the course of serving or executing civil process. (2) The marshals shall collect, in advance, a deposit to cover the initial expenses for special services required under paragraph (1)(E), and pe- riodically thereafter such amounts as may be necessary to pay such expenses until the litiga- tion is concluded. This paragraph applies to all private litigants, including seamen proceeding pursuant to section 1916 of this title. (3) For purposes of paragraph (1)(G), if two or more services or endeavors, or if an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or en- deavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or en- deavoring to serve in behalf of the party. If two or more writs of any kind, required to be served in behalf of the same party on the same person in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected. (b) The Attorney General shall from time to time prescribe by regulation the fees to be taxed and collected under subsection (a). Such fees shall, to the extent practicable, reflect the ac- tual and reasonable cost of the service provided. (c)(1) The United States Marshals Service shall collect a commission of 3 percent of the first $1,000 collected and 11⁄2 percent on the ex- cess of any sum over $1,000, for seizing or levying on property (including seizures in admiralty), disposing of such property by sale, setoff, or oth- erwise, and receiving and paying over money, except that the amount of commission shall be Page 487 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1921 1 So in original. Probably should be capitalized. within the range set by the Attorney General. if 1 the property is not disposed of by marshal’s sale, the commission shall be in such amount, within the range set by the Attorney General, as may be allowed by the court. In any case in which the vessel or other property is sold by a public auctioneer, or by some party other than a marshal or deputy marshal, the commission authorized under this subsection shall be re- duced by the amount paid to such auctioneer or other party. This subsection applies to any judi- cially ordered sale or execution sale, without re- gard to whether the judicial order of sale con- stitutes a seizure or levy within the meaning of State law. This subsection shall not apply to any seizure, forfeiture, sale, or other disposition of property pursuant to the applicable provi- sions of law amended by the Comprehensive For- feiture Act of 1984 (98 Stat. 2040). (2) The Attorney General shall prescribe from time to time regulations which establish a min- imum and maximum amount for the commission collected under paragraph (1). (d) The United States marshals may require a deposit to cover the fees and expenses prescribed under this section. (e) Notwithstanding section 3302 of title 31, the United States Marshals Service is authorized, to the extent provided in advance in appropriations Acts— (1) to credit to such Service’s appropriation all fees, commissions, and expenses collected by such Service for— (A) the service of civil process, including complaints, summonses, subpoenas, and similar process; and (B) seizures, levies, and sales associated with judicial orders of execution; and (2) to use such credited amounts for the pur- pose of carrying out such activities. (June 25, 1948, ch. 646, 62 Stat. 955; Sept. 9, 1950, ch. 937, 64 Stat. 824; Pub. L. 87–621, § 1, Aug. 31, 1962, 76 Stat. 417; Pub. L. 99–646, § 39(a), Nov. 10, 1986, 100 Stat. 3600; Pub. L. 100–690, title VII, § 7608(c), Nov. 18, 1988, 102 Stat. 4515; Pub. L. 101–647, title XII, § 1212, Nov. 29, 1990, 104 Stat. 4833.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 574 (R.S. §§ 823, 829; May 28, 1896, ch. 252, § 6, 29 Stat. 179; May 29, 1930, ch. 356, 46 Stat. 486; Aug. 3, 1935, ch. 431, § 2, 49 Stat. 513). Provisions for serving venires and summoning grand and petit jurors were omitted as useless since marshal’s fees are now covered into the Treasury and there is no basis for apportioning the cost of summoning jurors for a term of court and taxing the same to individual cases. The marshal’s fee ‘‘for holding a court of inquiry or other proceedings before a jury, including summoning a jury, $5’’ is omitted as obsolete in the Federal prac- tice. See, Black’s Law Dictionary ‘‘Court of Inquiry.’’ See, also, Webster’s International Dictionary. A fee of 50 cents ‘‘for each bail bond’’ is omitted as covered by the general provision for taxation of mar- shal’s fees in criminal cases. The provisions for a fee of $5 for drawing and exe- cuting a deed and $1 for executing a deed prepared by a party or his attorney are omitted as unnecessary. It is the marshal’s duty to execute conveyances of prop- erty which he sells on execution and his salary com- pensates him therefor. There is no occasion for him to draw such a deed and no beneficial purpose in taxing the parties a fee for his signature. The 2 per centum fee for disbursing moneys is omit- ted as an unnecessary burden upon funds belonging to litigants. The provision that a folio consists of ‘‘100 words or major fraction thereof’’ is inserted to conform with section 607 of title 28, U.S.C., 1940 ed., which is trans- ferred to title 44, U.S.C., 1940 ed., Public Printing and Documents, along with section 606 of said title 28, to which said section 607 also relates. The provision for a lump sum to be determined by the court and taxed in criminal cases was added. It fixes a maximum of $25 in misdemeanor cases and $100 in fel- ony cases. It may be questioned whether costs as such should ever be taxed against the convicted defendant in a criminal case. The acquitted defendant is not per- mitted to tax costs against the United States. Indeed the allowance of costs in criminal cases is not a matter of right but rests completely within the discretion of the court. Morris v. United States, 1911, 185 Fed. 73, 107 C.C.A. 293. In Alberty v. U.S., C.C.A.9, 1937, 91 F.2d 461, the defend- ant was fined $100 on each of 11 accounts of an indict- ment under the 1906 Food and Drug Act (title 21, §§ 2, 10, U.S.C., 1934 ed., as amended). Costs of prosecution were taxed in the sum of $1,499.80. Yet the court in its discre- tion might have reached substantially the same result by imposing a fine of $200 on each count without any taxation of costs. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT The Comprehensive Forfeiture Act of 1984, referred to in subsec. (c)(1), is chapter III of title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 2040. For complete classi- fication of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1961 of Title 18, Crimes and Criminal Procedure, and Tables. AMENDMENTS 1990—Subsec. (c)(1). Pub. L. 101–647 substituted ‘‘if the property is not disposed of by marshal’s sale’’ for ‘‘If the property is to be disposed of by marshal’s sale’’. 1988—Pub. L. 100–690 added subsecs. (a) to (d), struck out former subsecs. (a) and (b), and redesignated former subsec. (c) as (e). 1986—Pub. L. 99–646 designated existing provisions as subsec. (a) with pars. (1) to (9) and subsec. (b) with pars. (1) and (2), substituted a period for the semicolon at end of each par., and added subsec. (c). 1962—Pub. L. 87–621 increased fees for serving an at- tachment in rem, or libel in admiralty, warrant, at- tachment, summons, capias, or any other writ from $2 to $3, for serving a subpoena or summons for a witness or appraiser from 50 cents to $2, for preparation of a proclamation in admiralty from 30 cents to $3, and for copies of writs or other papers furnished at the request of any party from 10 to 30 cents per folio of 100 words or fraction thereof, and mileage for necessary travel from 10 cents a mile to 12 cents per mile, or fraction thereof, inserted provisions authorizing a fee of $1, in addition to the prescribed fee, for forwarding any writ, order, or process to another judicial district for service, and $3 for preparation of any notice of sale or other public notice or bill of sale, permitting payment of travel expenses where there is an endeavor to serve any process, writ, or order, prohibiting collection of mile- age fees for services or endeavors to serve in the Dis- trict of Columbia, and empowering marshals to require a deposit to cover all fees and expenses, and substituted provisions authorizing a fee of $3 for serving a writ of possession, partition, execution, order or process, and commissions of 3 per centum on the first $1,000 col- lected and 11⁄2 per centum on amounts over $1,000 for Page 488 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1922 seizing and levying on property (including seizures in admiralty), disposing of the same and receiving and paying over the money for provisions which permitted a marshal serving such a writ or process, and seizing and levying on property, advertising and disposing of the same and receiving and paying over the money, to receive the same fees and poundage as allowed for simi- lar services to the sheriffs of the States in which the service is rendered, and 21⁄2 per centum on any sum under $500, and 11⁄2 per centum on amounts over $500 for sale of vessels or other property under process in admi- ralty, or under the order of a court of admiralty, and provisions permitting collection of actual expenses in- curred, and $3 per hour for each deputy marshal re- quired, for the keeping of property attached, and di- recting the marshal to collect, in advance, a deposit to cover initial expenses and periodically thereafter such amounts as necessary to pay expenses until litigation is concluded, for provisions which allowed only such compensation as the court, on petition, might allow. 1950—Act Sept. 9, 1950, increased mileage fees from 6 to 10 cents a mile. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 39(b), Nov. 10, 1986, 100 Stat. 3600, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986].’’ EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–621, § 3, Aug. 31, 1962, 76 Stat. 418, provided that: ‘‘This Act [amending this section] shall become effective ninety days after enactment [Aug. 31, 1962].’’ COLLECTION AND DISPOSITION OF FEES AND EXPENSES FOR SERVICES Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 997, provided in part: ‘‘That notwithstanding the provisions of title 31 U.S.C. 3302, for fiscal year 1990 and hereafter the Director of the United States Marshals Service may collect fees and expenses for the services authorized by 28 U.S.C. 1921 as amended by Public Law 100–690, and credit such fees to this appropriation to be used for sal- aries and other expenses incurred in providing these services’’. § 1922. Witness fees before United States mag- istrate judges The fees of more than four witnesses shall not be taxed against the United States, in the exam- ination of any criminal case before a United States magistrate judge, unless their materi- ality and importance are first approved and cer- tified to by the United States attorney for the district in which the examination is had. (June 25, 1948, ch. 646, 62 Stat. 956; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 828 (R.S. § 981; May 28, 1896, ch. 252, § 19, 29 Stat. 184). Last clause of section 828 of title 28, U.S.C., 1940 ed., providing ‘‘and such taxation shall be subject to revi- sion, as in other cases’’ was omitted as unnecessary in view of the inherent power of the court to revise costs taxed. Changes were made in phraseology. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in section catchline and ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. Previously, ‘‘United States magistrates’’ and ‘‘United States magistrate’’ substituted for ‘‘United States commissioners’’ and ‘‘United States commissioner’’, respectively, pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of this title. § 1923. Docket fees and costs of briefs (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 de- fault 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 recov- ers 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 pro- ceedings 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 Treas- ury. (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. (June 25, 1948, ch. 646, 62 Stat. 956; June 18, 1954, ch. 304, 68 Stat. 253; Pub. L. 95–598, title II, § 245, Nov. 6, 1978, 92 Stat. 2671.) 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 sections 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 pro- vides 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 inappli- cable in civil, criminal, or admiralty practice. Words ‘‘motion for judgment’’ were substituted for ‘‘scire facias’’ to conform to Rules 2 and 81 of the Fed- eral Rules of Civil Procedure. Changes were made in phraseology.