FAQ: How much are civil filing fees?

March 16, 2022

By Bill Raftery

All federal courts in the United States have a standard, uniform fee to initiate a civil action. From Alaska to Florida, including the territories, $402 (as of March 2022) is the same fee for all federal courts. However, the fee to initiate a civil case in state courts varies widely from state to state, and sometimes even within the same state depending on a host of factors. As a result, some states are abandoning the practice of offering a document with multiple options for such fees and replacing them with online calculators after many complaints from users citing confusion. NCSC has researched each state to provide the links, if available, for your reference.

Multiple factors cause fees to vary.  First, most states set their civil filing fees based on the type of case involved. A contract dispute may cost more (or less) than a personal injury case. Consequently, it is not at all uncommon to see court fee tables that list as many as a dozen separate categories with various fees based solely on case type.

Next, several states will differentiate fees based on the amount sought. For example, “small claims” cases will typically cost less than other civil cases. However, because each state defines for itself the amount of a “small claim,” state-to-state comparisons are difficult. A small claim can be as high as $25,000 (Delaware Justice of the Peace Court and Tennessee General Sessions Court) or as low as $2,500 (Kentucky District Court, Small Claims Division).

For larger amounts, states may have a tiered system of fees. Oregon Circuit Courts, for example, have five tiers of filings ranging from $170 (cases below $10,000) to $1,178 (cases over $10,000,000).

Finally, the fees are related to statewide filing fees and do not reflect the multitude of mandatory and optional state and local fees that may be a factor. For example, Oklahoma allows counties to impose an optional additional fee up to $10 “for the purpose of enhancing existing or providing additional courthouse security.” Other fees are required to initiate a civil case but not formally a part of the “filing fee.”

As a result of the potential for confusion due to these factors, at least two states have moved towards the creation of civil filing fee calculators. Virginia, for example, has two separate calculators, one for its Circuit Courts and another for its District Courts. Users input the county, case type, the number of defendants or parties, and other data and are presented with the exact amount they must pay. Minnesota has a similar system whereby users can select the county and case type to see a list of fees.

What steps are your courts taking to minimize confusion of the costs for civil filing fees? Let us know at  Knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, Twitter, Instagram, LinkedIn , and Vimeo.

A list of all state-level filing fee charts or calculators is available below. NOTE: links and data are accurate as of March 7, 2022.