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Court Fees
Court fees, also known as court costs, are the various fees and expenses associated with handling a legal case in court. These fees cover the administrative and operational costs of the court system and may include:
- Filing fees for initiating a lawsuit or legal action.
- Fees for serving legal documents such as summons, complaints, and subpoenas.
- Costs for transcription services by court reporters for depositions or in-court testimony.
- Charges for photocopying court papers and exhibits.
- Payments to jurors, court clerks, and court marshals.
- Other miscellaneous fees such as certification of documents or record searches.
Court fees are distinct from attorney’s fees, which are payments made to lawyers for their services.
The specific types and amounts of court fees vary by jurisdiction and are often set by statute or court rules. For example, in the U.S., filing a civil action in the Court of Federal Claims currently costs $55, with additional fees for services like document certification or record searches. In Maryland, filing fees and service fees have specific amounts, such as $10 for an appeal filing fee or $40 for service by a sheriff.
Court fees may be required upfront to proceed with a case, but courts sometimes allow fee waivers for individuals who cannot afford them, subject to a formal request and court approval.
In some countries like the UK, Australia, and Canada, the losing party in a lawsuit is often required to pay the winning party’s court costs, which can act as a deterrent to frivolous lawsuits. This "loser pays" principle is generally not applied in the United States.
In summary:
Aspect | Description |
---|---|
What are court fees? | Fees charged by courts to cover administrative and operational costs of handling cases. |
Common components | Filing fees, service fees, transcription, copying, juror stipends, clerk and marshal fees. |
Distinction | Different from attorney’s fees, which pay lawyers for their work. |
Jurisdictional variation | Amounts and types vary by location and case type; often set by statute or court rules. |
Fee waivers | Possible for those unable to pay, subject to court approval. |
"Loser pays" rule | Common in some countries but not generally in the U.S. |
This provides a clear understanding of what court fees are and how they function within the legal system.