The filing fee landscape
Court filing fees vary by three dimensions: jurisdiction level (small claims vs general civil vs superior/circuit), claim amount (some states have sliding fee schedules), and state (California and federal courts are expensive; New York state courts are surprisingly cheap).
State civil court filing fees (2026)
- California Superior Court (unlimited jurisdiction, >$25K): $435
- California Superior Court (limited, $10K-$25K): $370
- California Small Claims (up to $10K): $30-$75 sliding
- Texas District Court: $350-$450 depending on county
- Texas County Court: $100-$200
- Texas Justice Court (small claims): $54
- New York Supreme Court: $210 (one of the cheapest civil filings)
- Florida Circuit Court (>$50K): $400
- Florida County Court ($15K-$50K): $300
- Illinois Cook County Circuit Court: $388
- Georgia State Court: $222
- Ohio Court of Common Pleas: $150-$300 depending on county
- Pennsylvania Court of Common Pleas: $200-$300 depending on county
- Massachusetts Superior Court: $280
- Washington Superior Court: $240
- North Carolina Superior Court: $150
Federal court fees
- US District Court civil filing: $405 (2026)
- US Bankruptcy Court Chapter 7: $338
- US Bankruptcy Court Chapter 13: $313
- US Court of Appeals: $505
- US Supreme Court: $300 (plus $100 bar admission if needed)
- Federal appearance pro hac vice: $200-$500 per case per court (non-admitted attorneys)
Other fees that add up fast
- Motion filing fee: $50-$200 depending on court and motion type
- Jury demand: $150-$450, refundable if case settles before trial
- Subpoena: $15-$50 per issuance + witness fees ($40-$80/day typical)
- Ex parte application: $60-$200
- Certified document copies: $15-$35 each
- Service of process: $35-$200 (private server) or $30-$75 (sheriff)
- Publication service (when defendant unfindable): $100-$400
- Court-ordered mediation: $150-$1,000 per party
- Deposition transcript: $3-$8/page (typical deposition runs $500-$2,000)
- Trial transcript (for appeal): $800-$5,000 depending on trial length
Fee waiver (in forma pauperis)
Every state and federal court allows indigent parties to have court fees waived. The standards vary:
- Federal court IFP: Based on affidavit of income, assets, dependents. Approved by judge at filing. Waives all federal court fees including filing, service, and transcripts.
- California fee waiver: Automatic if receiving SNAP, Medi-Cal, SSI, SSP, CalWORKS, CAPI, Tribal TANF, or General Assistance. Or if gross monthly household income under 125% of federal poverty. Or if inability to pay given family's necessities.
- Texas affidavit of indigency: Similar structure — public benefits or income-based.
- New York poor person order: Requires motion with affidavit; judge has discretion.
Federal poverty guidelines for 2026 (125% threshold, approximate):
- Household of 1: ~$18,825 annual
- Household of 2: ~$25,550
- Household of 3: ~$32,275
- Household of 4: ~$39,000
What costs you can recover if you win
Under the American Rule (default in US civil litigation), each party pays their own attorney fees. But the prevailing party can recover certain "taxable costs" — categories defined by statute or court rule:
- Court filing fees
- Service of process
- Deposition transcripts (often only those used at trial)
- Witness fees and travel
- Expert witness fees (limited in most states to statutory rate, often $40-$75/day despite actual costs of thousands)
- Interpreter fees
- Jury fees paid by prevailing party
- Court reporter fees for trial
The prevailing party files a "Memorandum of Costs" or "Bill of Costs" within 10-30 days of judgment. Losing party can object. Typical recovered cost on a moderate civil case: $1,500-$6,000.
Fee-shifting statutes (where losers pay attorney fees)
- Civil Rights Act 42 USC 1988: Prevailing plaintiff in civil rights cases recovers reasonable attorney fees
- Fair Debt Collection Practices Act: Prevailing consumer recovers fees
- Fair Housing Act: Prevailing party (typically plaintiff) recovers fees
- Federal Consumer Protection Acts (TILA, FCRA, EFTA): Consumer fee recovery
- Employment discrimination (Title VII, ADA, ADEA): Prevailing plaintiff recovers fees
- Contractual fee-shifting: Contracts with "prevailing party attorney fees" clause
- Sanctions (FRCP 11, frivolous filings): Court can order fees
- State-specific statutes: California CCP 1021.5 (public interest), Private Attorney General statutes, California Anti-SLAPP
Cost estimates for common case types (filing + basic costs)
- Small claims filing: $30-$100 filing + $30-$75 service = $60-$175 all-in
- Uncontested divorce filing: $75-$450 filing + $50-$150 service = $125-$600 total
- Simple civil breach of contract (general civil): $200-$450 filing + $75-$200 service + $300-$1,500 in motions/subpoenas = $575-$2,150 in court fees alone
- Personal injury litigation (post-filing): $200-$450 filing + $75-$200 service + $5,000-$25,000 in depositions, subpoenas, expert fees + jury demand $150-$450
- Federal civil litigation: $405 filing + private server $100-$200 + $5,000-$50,000+ in discovery, motions, depositions