28 U.S.C. § 1926

Court of Federal Claims

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(a) The Judicial Conference of the United States shall prescribe from time to time the fees and costs to be charged and collected in the United States Court of Federal Claims.(b) The court and its officers shall collect only such fees and costs as the Judicial Conference prescribes. The court may require advance payment of fees by rule.(June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 97–164, title I, § 139(p)(1), Apr. 2, 1982, 96 Stat. 44; Pub. L. 102–572, title IX, § 902(b), Oct. 29, 1992, 106 Stat. 4516.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 304 (Mar. 3, 1911, ch. 231, § 191, 36 Stat. 1144).

For distribution of other provisions of section 304 of title 28, U.S.C., 1940 ed., see Distribution Table.

Changes were made in phraseology.

Editorial NotesAmendments

1992—Pub. L. 102–572 substituted “Court of Federal Claims” for “Claims Court” as section catchline and “United States Court of Federal Claims” for “United States Claims Court” in subsec. (a).

1982—Pub. L. 97–164 substituted “Claims Court” for “Court of Customs and Patent Appeals” as section catchline and, in text substituted provisions directing the Judicial Conference of the United States to prescribe from time to time the fees and costs to be charged and collected in the United States Claims Court and directing the court and its officers to collect only such fees and costs as the Judicial Conference prescribes, with the court authorized to require advance payment of fees by rule for provisions which had directed that fees and costs in the Court of Customs and Patent Appeals be fixed by a table of fees adopted by such court and approved by the Supreme Court, that the fees and costs so fixed not exceed the fees and costs charged in the Supreme Court, and that the fees be accounted for and paid over to the Treasury.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Court Fees for Electronic Access to Information

Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of Pub. L. 102–140, set out as a note under section 1913 of this title.

Notes of Decisions

Cited in 21 cases (4 in the last 5 years), 1977–2023 · leading case: United States v. Richard A. Horn, 29 F.3d 754 (1st Cir. 1994).

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United States v. Richard A. Horn, 29 F.3d 754 (1st Cir. 1994). “2d 18 (1992), the court granted a motion for sanctions against the federal government made under Rule 11, 28 U.S.C. § 1926 , and the court's inherent powers, without specifying the source for the sanction imposed.”

Dalles Irrigation Dist. v. United States, 91 Fed. Cl. 689 (Fed. Cl. 2010). “” The amount charged as a filing fee in this court is governed by 28 U.S.C. § 1926 , which provides that the fees are to be prescribed by the Judicial Conference of the United States.”

Bryant v. United States, 618 F. App'x 683 (Fed. Cir. 2015). “10; see 28 U.S.C. § 1926 (b) (2012) (explaining that the Claims Court “may require advance payment of fees by rule”); Claims Ct.”

ACE Constructors, Inc. v. United States, 81 Fed. Cl. 161 (Fed. Cl. 2008). “” The amount that the clerk of this court may charge as filing fees is governed by 28 U.S.C. § 1926 , which provides that the fees are to be prescribed by the Judicial Conference of the United States.”

Infinite Info. Solutions, LLC v. United States, 94 Fed. Cl. 740 (Fed. Cl. 2010). “” The amount that the clerk of this court may charge as the filing fee is governed by 28 U.S.C. § 1926 , which provides that the fees are to be prescribed by the Judicial Conference of the United States.”

Lee v. United States, 33 Fed. Cl. 374 (Fed. Cl. 1995). “00, and Title 28 U.S.C. § 1926 (b) grants authority to “the court and its officers” to require advance payment by rule.”

Schagene v. United States, 37 Fed. Cl. 661 (Fed. Cl. 1997). “The filing fee for an action in this court is set by statute, 28 U.S.C. § 1926 (a), and incorporated in the court's rules, Rule of the Court of Federal Claims (RCFC) 77(k).”

Cofield v. United States, 25 Cl. Ct. 465 (Ct. Cl. 1992). · cites it 3× “The fee for filing a civil action or proceeding in this court is set, by statute, by the Judicial Conference of the United States, 28 U.S.C. § 1926 (a) (1988), and is incorporated in the rules of this court.”

Brown v. United States, 88 Fed. Cl. 795 (Fed. Cl. 2009). “Applicability of the Prison Litigation Reform Act Parties filing actions in this court are required to pay the filing fee, see 28 U.S.C. § 1926 (a); RCFC 77.1(c)(1) (incorporating the fee schedule prescribed by the Judicial Conference of the United States for this court), unless…”

Metro. Van & Storage, Inc. v. United States, 101 Fed. Cl. 173 (Fed. Cl. 2011). “The amount that the Clerk of this court may charge as the filing fee is governed by 28 U.S.C. § 1926 , which provides that the fees are to be prescribed by the Judicial Conference of the United States.”

Meitzner v. Mindick, 549 F.2d 775 (C.C.P.A. 1977). “§ 1913 with 28 U.S.C. § 1926 . . Indirectly, attorney’s fees could be included in determining “excessive costs” for purposes of this statute.”

Strock v. Vanhorn, 919 F. Supp. 172 (E.D. Pa. 1996). “§ 2520 (authorizing the imposition of a filing fee of $120); 28 U.S.C. § 1926 (b) (authorizing the court to require advance payment of the fee).”

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