§ 1913 Courts of appeals
§ 1913. Courts of appeals
The fees and costs to be charged and collected in each court of appeals shall be prescribed from time to time by the Judicial Conference of the United States. Such fees and costs shall be reasonable and uniform in all the circuits.
JUDICIAL CONFERENCE SCHEDULE OF FEES
Court of Appeals Miscellaneous Fee Schedule
(Issued in accordance with 28 U.S.C. § 1913)
(Effective 01/01/2009)
The fees included in the Court of Appeals Miscellaneous Fee Schedule are to be charged for services provided by the courts of appeals.
• The United States should not be charged fees under this schedule, except as prescribed in Items 2, 4, and 5 when the information requested is available through remote electronic access.
• Federal agencies or programs that are funded from judiciary appropriations (agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and bankruptcy administrators) should not be charged any fees under this schedule.
(1) For docketing a case on appeal or review, or docketing any other proceeding, $450.
• Each party filing a notice of appeal pays a separate fee to the district court, but parties filing a joint notice of appeal pay only one fee.
• There is no docketing fee for an application for an interlocutory appeal under 28 U.S.C. § 1292(b) or other petition for permission to appeal under FED. R. APP. P. 5, unless the appeal is allowed.
• There is no docketing fee for a direct bankruptcy appeal or a direct bankruptcy cross appeal, when the fee has been collected by the bankruptcy court in accordance with item 14 of the Bankruptcy Court Miscellaneous Fee Schedule.
(2) For conducting a search of the court of appeals records, $26 per name or item searched. This fee applies to services rendered on behalf of the United States if the information requested is available through remote electronic access.
(3) For certification of any document, $9.
(4) For reproducing any document, $.50 per page. This fee applies to services rendered on behalf of the United States if the document requested is available through remote electronic access.
(5) For reproducing recordings of proceedings, regardless of the medium, $26, including the cost of materials. This fee applies to services rendered on behalf of the United States if the recording is available through remote electronic access.
(6) For reproducing the record in any appeal in which the court of appeals does not require an appendix pursuant to FED. R. APP. P.30(f), $71.
(7) For retrieving a record from a Federal Records Center, National Archives, or other storage location removed from the place of business of the court, $45.
(8) For a check paid into the court which is returned for lack of funds, $45.
(9) For copies of opinions, a fee commensurate with the cost of printing, as fixed by each court.
(10) For copies of the local rules of court, a fee commensurate with the cost of distributing the copies. The court may also distribute copies of the local rules without charge.
(11) For filing:
• Any separate or joint notice of appeal or application for appeal from the Bankruptcy Appellate Panel, $5.
• A notice of the allowance of an appeal from the Bankruptcy Appellate Panel, $5.
(12) For counsel's requested use of the court's videoconferencing equipment in connection with each oral argument, the court may charge and collect a fee of $200 per remote location.
(13) For original admission of an attorney to practice, including a certificate of admission, $150. For a duplicate certificate of admission or certificate of good standing, $15.
ELECTRONIC PUBLIC ACCESS FEE SCHEDULE (eff. 8/1/2010)
(Issued in Accordance with 28 U.S.C. §§ 1913, 1914, 1926, 1930, 1932)
As directed by Congress, the Judicial Conference has determined that the following fees are necessary to reimburse expenses incurred by the judiciary in providing electronic public access to court records. These fees shall apply to the United States unless otherwise stated. No fees under this schedule shall be charged to federal agencies or programs which are funded from judiciary appropriations, including, but not limited to, agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and bankruptcy administrator programs.
I. For electronic access to court data via a federal judiciary Internet site: eight cents per page, with the total for any document, docket sheet, or case-specific report not to exceed the fee for thirty pages--provided however that transcripts of federal court proceedings shall not be subject to the thirty-page fee limit. For electronic access to an audio file of a hearing in a district court, bankruptcy court, or the Court of Federal Claims via a federal judiciary Internet site: $2.40 per audio file.
Attorneys of record and parties in a case (including pro se litigants) receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. No fee is owed under this provision until an account holder accrues charges of more than $10 in a quarterly billing cycle. Consistent with Judicial Conference policy, courts may, upon a showing of cause, exempt indigents, bankruptcy case trustees, individual researchers associated with educational institutions, courts, section 501(c)(3) not-for-profit organizations, court appointed pro bono attorneys, and pro bono ADR neutrals from payment of these fees. Courts must find that parties from the classes of persons or entities listed above seeking exemption have demonstrated that an exemption is necessary in order to avoid unreasonable burdens and to promote public access to information.
Any user granted an exemption agrees not to sell for profit the data obtained as a result. Any transfer of data obtained as the result of a fee exemption is prohibited unless expressly authorized by the court. Exemptions may be granted for a definite period of time and may be revoked at the discretion of the court granting the exemption.
II. For printing copies of any record or document accessed electronically at a public terminal in the courthouse: ten cents per page. This fee shall apply to services rendered on behalf of the United States if the record requested is remotely available through electronic access.
III. For every search of court records conducted by the PACER Service Center, $26 per name or item searched.
IV. For the PACER Service Center to reproduce on paper any record pertaining to a PACER account, if this information is remotely available through electronic access, 50 cents per page.
V. For a check paid to the PACER Service Center which is returned for lack of funds, $45.
JUDICIAL CONFERENCE POLICY NOTES
Courts should not exempt local, state or federal government agencies, members of the media, attorneys or others not members of one of the groups listed above. Exemptions should be granted as the exception, not the rule. A court may not use this exemption language to exempt all users. An exemption applies only to access related to the case or purpose for which it was given. The prohibition on transfer of information received without fee is not intended to bar a quote or reference to information received as a result of a fee exemption in a scholarly or other similar work.
The electronic public access fee applies to electronic court data viewed remotely from the public records of individual cases in the court, including filed documents and the docket sheet. Electronic court data may be viewed free at public terminals at the courthouse and courts may provide other local court information at no cost. Examples of information that can be provided at no cost include: local rules, court forms, news items, court calendars, opinions, and other information--such as court hours, court location, telephone listings--determined locally to benefit the public and the court.