28 USC § 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 $350, except that on application for a writ of habeas corpus the filing fee shall be $5.
(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 $350, except that on application for a writ of habeas corpus the filing fee shall be $5.
Source
(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 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, § 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. 99–591is a corrected version of Pub. L. 99–500.
Amendments
2006—Subsec. (a). Pub. L. 109–171substituted “$350” for “$250”.
2004—Subsec. (a). Pub. L. 108–447substituted “$250” for “$150”.
1996—Subsec. (a). Pub. L. 104–317substituted “$150” for “$120”.
1986—Subsec. (a). Pub. L. 99–500and Pub. L. 99–591substituted “$120” for “$60”.
Subsec. (d). Pub. L. 99–336struck out subsec. (d) which provided that section was not applicable to District of Columbia.
1978—Subsec. (a). Pub. L. 95–598substituted “$60” for “$15”.
Effective Date of 2006 Amendment
Pub. L. 109–171, title X, § 10001(d),Feb. 8, 2006, 120 Stat. 184, provided that: “This section [amending this section and enacting provisions set out as notes under sections
1913 and
1931 of this title] and the amendment made by this section shall take effect 60 days after the date of the enactment of this Act [Feb. 8, 2006].”
Effective Date of 2004 Amendment
Pub. L. 108–447, div. B, title III, § 307(c),Dec. 8, 2004, 118 Stat. 2895, 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 [Dec. 8, 2004].”
Effective Date of 1996 Amendment
Section 401(c) ofPub. L. 104–317provided 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) ofPub. L. 99–336provided 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. 95–598effective Oct. 1, 1979, see section 402(c) ofPub. 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 ofPub. L. 102–140, set out as a note under section
1913 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
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