Fees & Waiver of Fees

There is a $350.00 filing fee [28 U.S.C. § 1914(a)] for each new civil action in federal court (paid in cash, by credit card - American Express, Discover, MasterCard or Visa - or by certified check or money order, made payable to the “Clerk of Court-SDNY”.

A party who is unable to pay the filing fee must submit an application to have the filing fee waived based on financial hardship. This procedure is called filing an application for in forma pauperis (IFP) status, and is authorized by [28 U.S.C. § 1915(a)(1)]. The application to waive the fee is supported by a sworn statement that details the person’s income and assets. A litigant may be subjected to penalties for perjury if a false statement is made on this application. A determination on an IFP application takes an unspecified amount of time. Although the Court makes every effort to render a decision on an application as expeditiously as possible, until a determination is made and granted, a case will not be issued a docket number and the party may not submit any additional papers in the action.

Inmates and detainees are required to submit a Prisoner Authorization form which should be attached to application for IFP status.

There is a $5.00 filing fee (28 U.S.C. § 1914(a) for each new petition for a writ of habeas corpus in federal court, but there is no fee to file a motion challenging a federal sentence under 28 U.S.C. § 2255.

Standing Order No. M10-468 (TPG) (S.D.N.Y. Jan 10, 2000), permits habeas corpus petitioners to proceed without payment of the $5.00 filing fee or submission of a request to waive the filing fee.

By law (28 U.S.C. § 1821), witnesses must be paid a non-waivable fee of $40 per day, plus traveling expenses.

The fee for filing an appeal is $455.00

Other court fees may apply. Please see the Court’s fee schedule.