§ 1923. Docket fees and costs of briefs
642 words·~3 min read·
/usc/title-28/section-1923A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)$20 on trial or final hearing (including a default 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 recovers 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 proceedings 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 Treasury.
(c)$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 provides 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 inapplicable in civil, criminal, or admiralty practice.
Words “motion for judgment” were substituted for “scire facias” to conform to Rules 2 and 81 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Connections2 cite this · traces to 2
Cited by 2 sections
U.S. Code
Traces to 2 documents
35 references not yet in our index
- June 25, 1948, ch. 646
- 62 Stat. 956
- June 18, 1954, ch. 304
- 68 Stat. 253
- Pub. L. 95–598, title II, § 245
- 92 Stat. 2671
- May 28, 1896, ch. 252
- 29 Stat. 179
- 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
- Pub. L. 95–598, title IV, § 408(c)
- 92 Stat. 2687
- Pub. L. 98–166, title II, § 200
- 97 Stat. 1081
- Pub. L. 98–353, title III, § 323
- 98 Stat. 358
- Pub. L. 99–429
- 100 Stat. 985
- Pub. L. 99–500, § 101(b) [title II, § 200]
- 100 Stat. 1783–39
- Pub. L. 99–591, § 101(b) [title II, § 200]
- 100 Stat. 3341–39
- Pub. L. 99–554, title III, § 307(a)
- 100 Stat. 3125
- Pub. L. 99–554, title III, § 307(b)
- Pub. L. 95–598
- section 402(c) of Pub. L. 95–598
Citation graph
cites case law
§ 1923
Docket fees and costs of briefs
IRM×1
U.S.C.×1
ActJune 25, 1948, ch. 646
Stat.62 Stat. 956
ActJune 18, 1954, ch. 304
Stat.68 Stat. 253
Pub. L.Pub. L. 95–598, title II, § 245
Cites 37 · showing 7Cited by 2 across 2 sources