$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.
Attorney’s and proctor’s docket fees in courts of the United States may be taxed as costs as follows:$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.
In admiralty appeals the court may allow as costs for printing the briefs of the successful party not more than:June 25, 1948, ch. 64662 Stat. 956June 18, 1954, ch. 30468 Stat. 253Pub. L. 95–598, title II, § 24592 Stat. 2671(, ; , ; , , .)
Historical and Revision Notes
May 28, 1896, ch. 25229 Stat. 179Feb. 26, 1919, ch. 49, § 140 Stat. 1182July 19, 1919, ch. 24, § 141 Stat. 209Feb. 11, 1921, ch. 4641 Stat. 1099June 6, 1930, ch. 40946 Stat. 522Aug. 3, 1935, ch. 431, § 149 Stat. 513Based on title 28, U.S.C., 1940 ed., §§ 571, 572, and 578 (R.S. §§ 823, 824; , §§ 6, 24, , 186; , ; , ; , ; , ; , ).
Section consolidates sections 571, 572, and 578 of title 28, U.S.C., 1940 ed.
section 572 of title 28The phrase “$20 on trial or final hearing in civil, criminal, or admiralty cases” was substituted for the following provisions of , 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.
Editorial Notes
Codification
Pub. L. 95–598, title IV, § 408(c)92 Stat. 2687Pub. L. 98–166, title II, § 20097 Stat. 1081Pub. L. 98–353, title III, § 32398 Stat. 358Pub. L. 99–429100 Stat. 985Pub. L. 99–500, § 101(b) [title II, § 200]100 Stat. 1783–39Pub. L. 99–591, § 101(b) [title II, § 200]100 Stat. 3341–39Pub. L. 99–554, title III, § 307(a)100 Stat. 3125Pub. L. 99–554, title III, § 307(b)100 Stat. 3125, , , as amended by , , ; , , ; , , ; , , , 1783–45, and , , , 3341–45; , , , which provided for the deletion of any references to United States Trustees in this title at a prospective date, was repealed by , , .
Amendments
Pub. L. 95–5981978—Subsec. (b). inserted “and United States trustees” after “United States attorneys”.
1954—Subsec. (a). Act , inserted in first item “including a default judgment whether entered by the court or by the clerk” after “final hearing”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Pub. L. 95–598section 402(c) of Pub. L. 95–598section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.