A court filing costs anywhere from about $30 for a small claims petition to $405 for a standard civil case in federal district court, with most state civil filings landing somewhere between those two numbers. What you pay depends on which court you’re using, what kind of case you’re opening, and in some states how much money is at stake. The filing fee itself is also only the first bill. Serving the other party, filing motions, requesting transcripts, and paying card surcharges all add to the real cost of getting a case into court and keeping it there.
What You Pay to Open a Case
Federal Civil Cases
Opening a civil case in a federal district court costs $405. That figure combines a $350 statutory filing fee set by Congress and a $55 administrative fee set by the Judicial Conference of the United States.1Office of the Law Revision Counsel. 28 U.S. Code 1914 – District Court; Filing and Miscellaneous Fees2United States Courts. District Court Miscellaneous Fee Schedule The amount is the same regardless of how much money is in dispute. The one exception is a habeas corpus petition, which has a $5 filing fee.
State Civil Cases
State court filing fees vary widely. A general civil complaint may cost anywhere from roughly $100 to over $400 depending on the state, the type of case, and the amount of damages involved. Some states charge a flat fee for all civil filings. Others use a sliding scale tied to the dollar amount you’re seeking. The reliable way to confirm the exact cost is to check the fee schedule published by your local clerk of court before you file.
Small Claims Cases
Small claims courts handle lower-dollar disputes without attorneys and charge much less. Filing fees generally fall between $30 and $75, though some jurisdictions charge as little as $25 or as much as $100 depending on the amount you’re seeking. Small claims courts cap the damages you can pursue, and the cap varies by state.
Bankruptcy Cases
Bankruptcy filings carry their own fee structure. A Chapter 7 (liquidation) petition costs approximately $338. A Chapter 13 (repayment plan) petition costs approximately $313. Both totals combine a base filing fee, a $78 administrative fee, and a trustee surcharge. Chapter 11 filings for business reorganization are considerably more expensive, with a combined administrative fee of $571.3United States Courts. Bankruptcy Court Miscellaneous Fee Schedule
Service of Process
Once the court accepts your filing, you’re responsible for formally delivering the legal papers to the other party. This step, called service of process, is a separate cost from what you pay the clerk.
Using a local sheriff’s department or marshal’s office is often the cheapest route. Sheriff service generally runs $30 to $75 per defendant, though some jurisdictions charge more. Sheriffs follow a set protocol and will make multiple attempts, but their schedules can mean a longer wait than private alternatives.
Private process servers are faster and more flexible. Their fees typically range from $75 to $150 for straightforward delivery. If the person you’re suing is hard to find or avoids service, expect to pay more. Some servers charge additional fees for skip-tracing or for after-hours attempts. These costs go directly to the server, not to the court.
Costs That Come Up Later
The opening filing fee is only the start. Several more charges show up as a case moves through the system.
Motion Filing Fees
Filing a motion, a formal request asking the court to take a specific action, often carries its own fee. In state courts, motion fees typically run $35 to $60, depending on the jurisdiction and the type of motion. Some routine motions in federal court are covered by the original filing fee; others require a separate payment.
Jury Demand Fees
Asking for a jury instead of letting a judge decide triggers another fee. In federal court, each party demanding a jury pays separately. State jury demand fees range from about $50 to $150 or more, and some states also require a deposit toward daily juror compensation.
Appeals
Appealing a decision is one of the costlier filing steps. In the federal system, the combined docketing and filing fee for an appeal from a district court to a circuit court of appeals is $605.4U.S. Court of Appeals for the Federal Circuit. Notice of Fee Schedule Change State appellate filing fees vary but can also reach several hundred dollars.
Transcripts
If your case goes to trial or involves significant hearings, you may need official transcripts prepared by a court reporter. In federal court, the Judicial Conference sets maximum per-page rates tied to turnaround:
- Ordinary delivery (30 days): approximately $3.65 to $4.40 per page
- Expedited delivery (7 days): approximately $4.85 to $5.85 per page
- Daily delivery (next day): approximately $6.05 to $7.30 per page
A single day of trial testimony can easily produce 200 or more pages, which makes transcripts one of the largest unexpected costs in litigation. State transcript rates vary but tend to follow a similar tiered structure based on how quickly you need the pages.
E-Filing, Card Surcharges, and Copies
Many courts now require or strongly encourage electronic filing through approved online platforms called Electronic Filing Service Providers. Some platforms are free; others charge a per-filing transaction fee ranging from about $2 to $7. Where e-filing is mandatory, at least one free option is typically available so filers aren’t forced to pay extra beyond statutory court costs.
Paying filing fees with a credit or debit card triggers a convenience fee charged by the payment processor rather than the court. These surcharges generally run 2.5% to 5% of the transaction. On a $405 federal filing, that’s another $10 to $20. Paying by check or money order avoids the surcharge in most jurisdictions.
You’ll often need certified copies of filed documents, whether to prove a case was filed or to use in another proceeding. In federal courts, certification costs $12 per document plus $0.50 per page for reproduction.2United States Courts. District Court Miscellaneous Fee Schedule State certification fees generally fall between $5 and $25 per document, with additional per-page charges.
Looking up federal case documents, dockets, or reports online requires PACER (Public Access to Court Electronic Records). PACER charges $0.10 per page, capped at the cost of 30 pages ($3.00) per document. If your total PACER charges stay under $30 in a quarterly billing cycle, you owe nothing for that quarter.5United States Courts. Electronic Public Access Fee Schedule
If You Can’t Afford the Fee
Courts can waive filing fees for people who can’t pay. In the federal system this is called proceeding “in forma pauperis.” Federal law allows any court to let you file without prepaying fees if you submit an affidavit showing you’re unable to pay. The statute does not set a specific income cutoff; the judge reviews your financial situation and decides whether a waiver is appropriate.6Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings in Forma Pauperis
State courts handle waivers through their own rules, and many use a specific income threshold. A common benchmark is household income at or below 125% to 150% of the federal poverty level, though the exact standard varies by state. Receiving public benefits such as food assistance, Medicaid, or supplemental security income often qualifies you automatically in many jurisdictions.
To apply, you fill out a financial disclosure form, sometimes called a fee waiver application or affidavit of indigency, listing your income, assets, and monthly expenses. You submit it to the clerk along with your filing paperwork. A judge or court official reviews the information and either grants the waiver, denies it, or allows you to pay in installments. If approved, the court processes your case without requiring the standard fees upfront.
Fee waivers generally cover the court’s own filing fees but not outside costs like a private process server or a court reporter transcript. Some jurisdictions will also waive the cost of sheriff service for those who qualify. On appeal, a person who was granted a waiver in the trial court can typically request the same status in the appellate court by attaching the original affidavit.7Legal Information Institute. Federal Rules of Appellate Procedure Rule 24