28 U.S.C. § 1913 — Courts of appeals

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. 810, as amended by Pub. L. 104–317, title IV, § 403(b), Oct. 19, 1996, 110 Stat. 3854; Pub. L. 107–347, title II, § 205(e), Dec. 17, 2002, 116 Stat. 2915, provided that: ‘‘(a) The Judicial Conference may, only to the extent necessary, prescribe reasonable fees, pursuant to sec- tions 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code, for collection by the courts under those sections for access to information available through automatic data processing equipment. These fees may distinguish between classes of persons, and shall pro- vide for exempting persons or classes of persons from the fees, in order to avoid unreasonable burdens and to promote public access to such information. The Direc- tor of the Administrative Office of the United States Courts, under the direction of the Judicial Conference of the United States, shall prescribe a schedule of rea- sonable fees for electronic access to information which the Director is required to maintain and make avail- able to the public. ‘‘(b) The Judicial Conference and the Director shall transmit each schedule of fees prescribed under para- graph (a) to the Congress at least 30 days before the schedule becomes effective. All fees hereafter collected by the Judiciary under paragraph (a) as a charge for services rendered shall be deposited as offsetting collec- tions to the Judiciary Automation Fund pursuant to 28 U.S.C. 612(c)(1)(A) to reimburse expenses incurred in providing these services.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 101–515, title IV, § 404, Nov. 5, 1990, 104 Stat. 2132. § 1914. District court; filing and miscellaneous fees; rules of court (a) The clerk of each district court shall re- quire 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. (June 25, 1948, ch. 646, 62 Stat. 954; Pub. L. 95–598, title II, § 244, Nov. 6, 1978, 92 Stat. 2671; Pub. L. 99–336, § 4(a), June 19, 1986, 100 Stat. 637; Pub. L. 99–500, § 101(b) [title IV, § 407(a)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, § 101(b) [title IV, § 407(a)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–64; Pub. L. 104–317, title IV, § 401(a), Oct. 19, 1996, 110 Stat. 3853; Pub. L. 108–447, div. B, title III, § 307(a), Dec. 8, 2004, 118 Stat. 2895; Pub. L. 109–171, title X, § 10001(a), Feb. 8, 2006, 120 Stat. 183.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 549, 553 and 555 (R.S. § 828; June 28, 1902, ch. 1301, § 1, 32 Stat. 476; Feb. 11, 1925, ch. 204, §§ 2, 6, 8, 43 Stat. 857, 858; Jan. 22, 1927, ch. 50, § 2, 44 Stat. 1023; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Mar. 3, 1942, ch. 124, § 2, 56 Stat. 122; Sept. 27, 1944, ch. 414, §§ 1, 4, 5, 58 Stat. 743, 744). Section consolidates sections 549, 553, and 555 of title 28, U.S.C., 1940 ed., as amended with necessary changes of phraseology. The phrase ‘‘filing fee’’ was substituted for the incon- sistent and misleading words of sections 549 and 553 of title 28, U.S.C., 1940 ed., ‘‘as full payment for all serv- ices to be rendered by the clerk’’ etc. thus removing the necessity for including exceptions and referring to other sections containing provisions for additional fees. The provision in section 549 of title 28, U.S.C., 1940 ed., for payment of fees by the parties instituting criminal proceedings by indictment or information, was omitted. Such proceedings are instituted only by the United States from which costs cannot be exacted. The provision in section 549 of title 28, U.S.C., 1940 ed., for taxation of fees as costs, was omitted as cov- ered by section 1920 of this title. Words ‘‘or appeal from a deportation order of a United States Commissioner’’ in section 553 of title 28, U.S.C., 1940 ed., were omitted as obsolete since repeal of the Chinese Exclusion Act by act Dec. 17, 1943, ch. 344, § 1, 57 Stat. 600. Appeal was formerly conferred by sec- tion 282 of title 8, U.S.C., 1940 ed., Aliens and Nation- ality. Subsection (d) excepting the District of Columbia, was added to preserve the existing schedule of fees pre- scribed by section 11–1509 of the District of Columbia Code, 1940 ed. Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–171 substituted ‘‘$350’’ for ‘‘$250’’. 2004—Subsec. (a). Pub. L. 108–447 substituted ‘‘$250’’ for ‘‘$150’’. 1996—Subsec. (a). Pub. L. 104–317 substituted ‘‘$150’’ for ‘‘$120’’. 1986—Subsec. (a). Pub. L. 99–500 and Pub. L. 99–591 substituted ‘‘$120’’ for ‘‘$60’’. Subsec. (d). Pub. L. 99–336 struck out subsec. (d) which provided that section was not applicable to Dis- trict of Columbia. 1978—Subsec. (a). Pub. L. 95–598 substituted ‘‘$60’’ for ‘‘$15’’.