28 U.S.C. § 1927 — Counsel’s liability for excessive costs

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which provided for the deletion of any references to United States Trustees in this title at a prospective date, was repealed by Pub.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. Page 490 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1928 (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 96–349, § 3, Sept. 12, 1980, 94 Stat. 1156.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 829 (R.S. § 982). Word ‘‘personally’’ was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C.C.A. 401. Reference to ‘‘proctor’’ was omitted as covered by the revised section. See definition of ‘‘court of the United States’’ in sec- tion 451 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1980—Pub. L. 96–349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys’ fees reasonably incurred because of mul- tiplication of proceedings for such prior authority to impose liability for increased costs based on mul- tiplication of proceedings. § 1928. Patent infringement action; disclaimer not filed Whenever a judgment is rendered for the plaintiff in any patent infringement action in- volving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the United States Patent and Trademark Office prior to the commencement of the action. (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(17)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 821 (R.S. § 973). Word ‘‘action’’ was substituted for ‘‘any suit at law or in equity’’ to conform with Rule 2 of the Federal Rules of Civil Procedure. Words ‘‘or decree’’ were omitted after ‘‘judgment,’’ because a judgment under Rule 54(a) of the Federal Rules of Civil Procedure by definition includes a de- cree. Changes were made in phraseology. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘United States Pat- ent and Trademark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. § 1929. Extraordinary expenses not expressly au- thorized Where the ministerial officers of the United States incur extraordinary expense in executing Acts of Congress, the payment of which is not specifically provided for, the Attorney General may allow the payment thereof. (June 25, 1948, ch. 646, 62 Stat. 957.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 577 (R.S. § 846; Feb. 18, 1875, ch. 80, § 1, Stat. 318; May 28, 1896, ch. 252, § 13, 29 Stat. 183; May 27, 1908, ch. 200, § 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Feb. 26, 1919, ch. 49, § 7, 40 Stat. 1182; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736). Provision for payment of expenses under section 577 of title 28, U.S.C., 1940 ed., from appropriations for ex- penses of the judiciary was omitted as unnecessary. Such expenses are carried in the Judiciary Appropria- tion Acts and will continue without this provision. The first sentence of said section 577 is incorporated in section 551 of this title. The qualifying phrase ‘‘under the special taxation of the district court in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the Judiciary,’’ was omit- ted, and the functions of allowing extraordinary ex- penses was vested in the Attorney General instead of the President. Neither the President nor the district judge should be burdened with such duty since the At- torney General only has the information upon which to act. Changes were made in phraseology. § 1930. Bankruptcy fees (a) The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title, the following filing fees: (1) For a case commenced under— (A) chapter 7 of title 11, $245, and (B) chapter 13 of title 11, $235. (2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under section 1931 of this title. (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $1,167. (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000. (5) For a case commenced under chapter 12 of title 11, $200. (6)(A) Except as provided in subparagraph (B), in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treas- ury, in each case under chapter 11 of title 11, other than under subchapter V, for each quar- ter (including any fraction thereof) until the case is converted or dismissed, whichever oc- curs first. The fee shall be $325 for each quar- ter in which disbursements total less than $15,000; $650 for each quarter in which disburse- ments total $15,000 or more but less than $75,000; $975 for each quarter in which disburse- ments total $75,000 or more but less than $150,000; $1,625 for each quarter in which dis- bursements total $150,000 or more but less than $225,000; $1,950 for each quarter in which dis- bursements total $225,000 or more but less than $300,000; $4,875 for each quarter in which dis- bursements total $300,000 or more but less than $1,000,000; $6,500 for each quarter in which dis- bursements total $1,000,000 or more but less than $2,000,000; $9,750 for each quarter in which