§ 1923. — Docket fees and costs of briefs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1923]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 123--FEES AND COSTS
Sec. 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 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) 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, Sec. 245, Nov. 6, 1978, 92 Stat. 2671.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 571, 572, and 578 (R.S.
Secs. 823, 824; May 28, 1896, ch. 252, Secs. 6, 24, 29 Stat. 179, 186;
Feb. 26, 1919, ch. 49, Sec. 1, 40 Stat. 1182; July 19, 1919, ch. 24,
Sec. 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, Sec. 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.
Codification
Section 408(c) of Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2687, as
amended by Pub. L. 98-166, title II, Sec. 200, Nov. 28, 1983, 97 Stat.
1081; Pub. L. 98-353, title III, Sec. 323, July 10, 1984, 98 Stat. 358;
Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99-500,
Sec. 101(b) [title II, Sec. 200], Oct. 18, 1986, 100 Stat. 1783-39,
1783-45, and Pub. L. 99-591, Sec. 101(b) [title II, Sec. 200], Oct. 30,
1986, 100 Stat. 3341-39, 3341-45; Pub. L. 99-554, title III,
Sec. 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,
Sec. 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''.
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.
Section Referred to in Other Sections
This section is referred to in section 1920 of this title.
