§ 1914. — District court; filing and miscellaneous fees; rules of court.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1914]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 123--FEES AND COSTS
Sec. 1914. District court; filing and miscellaneous fees; rules
of court
(a) The clerk of each district court shall require 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 $150,
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,
Sec. 244, Nov. 6, 1978, 92 Stat. 2671; Pub. L. 99-336, Sec. 4(a), June
19, 1986, 100 Stat. 637; Pub. L. 99-500, Sec. 101(b) [title IV,
Sec. 407(a)], Oct. 18, 1986, 100 Stat. 1783-39, 1783-64, and Pub. L. 99-
591, Sec. 101(b) [title IV, Sec. 407(a)], Oct. 30, 1986, 100 Stat. 3341-
39, 3341-64; Pub. L. 104-317, title IV, Sec. 401(a), Oct. 19, 1996, 110
Stat. 3853.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 549, 553 and 555 (R.S.
Sec. 828; June 28, 1902, ch. 1301, Sec. 1, 32 Stat. 476; Feb. 11, 1925,
ch. 204, Secs. 2, 6, 8, 43 Stat. 857, 858; Jan. 22, 1927, ch. 50,
Sec. 2, 44 Stat. 1023; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; Mar.
3, 1942, ch. 124, Sec. 2, 56 Stat. 122; Sept. 27, 1944, ch. 414,
Secs. 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 inconsistent and
misleading words of sections 549 and 553 of title 28, U.S.C., 1940 ed.,
``as full payment for all services 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 covered 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, Sec. 1, 57 Stat. 600. Appeal was formerly
conferred by section 282 of title 8, U.S.C., 1940 ed., Aliens and
Nationality.
Subsection (d) excepting the District of Columbia, was added to
preserve the existing schedule of fees prescribed by section 11-1509 of
the District of Columbia Code, 1940 ed.
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
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 District of Columbia.
1978--Subsec. (a). Pub. L. 95-598 substituted ``$60'' for ``$15''.
Effective Date of 1996 Amendment
Section 401(c) of Pub. L. 104-317 provided that: ``This section
[amending this section and section 1931 of this title] shall take effect
60 days after the date of the enactment of this Act [Oct. 19, 1996].''
Effective Date of 1986 Amendment
Section 4(c) of Pub. L. 99-336 provided that: ``The amendments made
by this section [amending this section] shall apply with respect to any
civil action, suit, or proceeding instituted on or after the date of the
enactment of this Act [June 19, 1986].''
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 Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Court Fees for Electronic Access to Information
Judicial Conference to prescribe reasonable fees for collection by
courts under this section for access to information available through
automatic data processing equipment and fees to be deposited in
Judiciary Automation Fund, see section 303 of Pub. L. 102-140, set out
as a note under section 1913 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1930, 1931, 2412 of this
title; title 11 section 330.
