Estimate court filing fees for civil cases, small claims, divorce, and other legal proceedings by state.
Last reviewed: May 2026
Court fees are charges imposed by the judicial system for filing cases, motions, petitions, and other official legal documents with the court. These fees fund court operations and vary dramatically depending on the type of case, the court level (federal, state, municipal), and the jurisdiction. A simple small claims filing might cost $30–$100, while a federal civil lawsuit filing fee is $405 as of 2024. Understanding these costs upfront is essential for budgeting your total legal expenses accurately and avoiding financial surprises that can delay or completely derail your litigation strategy.1
Court fees are distinct from attorney fees and legal costs. Filing fees go directly to the court for processing and administering your case — they fund the judges, clerks, courtrooms, and technology that make the judicial system function. Attorney fees compensate your lawyer for their time, expertise, and professional judgment in representing your interests. Legal costs include additional expenses like process server fees, deposition transcripts, expert witness fees, court reporter charges, document copying, and travel. Together, these three components make up the total cost of litigation, which can range from a few hundred dollars for a simple small claims matter to hundreds of thousands for complex federal cases involving extensive discovery, expert testimony, and multi-week trials.
Many courts offer fee waivers (known as in forma pauperis or IFP status) for individuals who cannot afford filing fees. Eligibility is typically based on household income relative to the federal poverty guidelines — generally, income below 125–200% of the poverty level qualifies. Courts may also grant partial fee waivers or installment payment plans for those who do not fully qualify for a complete waiver but face financial hardship. Always inquire about fee waiver options before assuming you cannot afford to file a case, as thousands of litigants successfully obtain waivers every year across federal and state courts.
| Case Type | Typical Filing Fee Range | Court Level | Notes |
|---|---|---|---|
| Small Claims | $30–$100 | Municipal/County | Simplified process, no attorney required |
| Civil Lawsuit (State) | $100–$500 | State Superior/Circuit | Varies widely by state and claim amount |
| Civil Lawsuit (Federal) | $405 | U.S. District Court | Uniform nationwide |
| Divorce (Uncontested) | $100–$400 | Family/Superior Court | Additional fees for motions, mediators |
| Divorce (Contested) | $200–$500+ | Family/Superior Court | Multiple motions increase total fees |
| Bankruptcy (Chapter 7) | $338 | U.S. Bankruptcy Court | Installments available; fee waiver possible |
| Bankruptcy (Chapter 13) | $313 | U.S. Bankruptcy Court | Installments available |
| Name Change | $150–$450 | State Court | Publication costs may apply ($50–$200) |
| Restraining Order | $0–$50 | State Court | Free in most states for domestic violence |
| Probate | $50–$1,200 | Probate Court | Often based on estate value |
| Traffic Ticket Contest | $0–$50 | Municipal/Traffic | May include court costs if found guilty |
| Appeal (State) | $100–$750 | Appellate Court | Plus transcript costs ($500–$5,000+) |
| Appeal (Federal) | $505 | U.S. Circuit Court | Uniform nationwide |
Fees shown are for initial filing only. Additional fees apply for motions, subpoenas, jury demands, and other procedural actions. Always verify current fees with your specific court, as they change periodically.
| Cost Item | Typical Range | When Incurred |
|---|---|---|
| Process Server (Service of Summons) | $50–$150 | After filing, to notify defendant |
| Jury Demand Fee | $75–$250 | When requesting a jury trial |
| Motion Filing Fees | $20–$100 each | For each motion filed during the case |
| Certified Copies | $5–$25 per document | For official court document copies |
| Mediation Fees | $200–$1,000 | If court-ordered or voluntary mediation |
| Court Reporter / Transcript | $3–$7 per page | For depositions, hearings, or trial |
| Expert Witness Fees | $200–$500/hour | If expert testimony is needed |
| E-Filing Service Fees | $5–$20 per filing | Third-party e-filing platform charges |
Fee waivers make the court system accessible to people who cannot afford filing fees. The process involves filing a separate petition (often called an Application to Proceed In Forma Pauperis or Fee Waiver Request) along with financial documentation — recent pay stubs, tax returns, public benefit verification, or a sworn declaration of income and assets.2
Federal courts grant fee waivers to individuals whose income falls below 150% of the federal poverty guidelines. For 2024, that means single individuals earning below $22,590 and families of four with income below $46,800 generally qualify. State courts set their own thresholds, which may be more or less generous than the federal standard — some states use 125% of poverty, others 200%. Recipients of public assistance programs (SNAP, Medicaid, SSI, TANF) typically qualify automatically in many jurisdictions without additional income documentation. Even veterans and active military personnel may receive fee reductions or waivers in certain courts and case types.
Even if you do not qualify for a full waiver, many courts offer partial waivers or installment payment plans. Some courts allow filing without full payment and require the balance before the case can proceed to trial. Never let filing fees prevent you from accessing the courts — ask the clerk's office about all available options before assuming a case is unaffordable.
Court fees vary significantly across states because each state's judiciary sets its own fee schedule independently. California, one of the most expensive states for litigation, charges $435 for an unlimited civil case (damages over $25,000) compared to Texas at $302 for a similar case in district court. Some states like New York charge graduated fees based on the amount in controversy, while others use flat rates regardless of claim size.3
Small claims court fees show the widest variation across states. Arkansas charges as little as $25 for small claims up to $5,000, while California charges $75 for claims up to $1,500 and up to $550 for claims between $5,001 and $10,000. The maximum amount allowed in small claims court also varies widely by state — from $2,500 in Kentucky to $25,000 in Tennessee, with most states falling in the $5,000–$10,000 range. Knowing your state's specific fee schedule helps you determine whether small claims court is the right venue or whether the costs justify the potential recovery.
Family court and divorce fees also vary considerably. An uncontested divorce filing ranges from $80 in Wyoming to over $400 in California and Connecticut. Contested divorces with multiple motions, custody evaluations, and trial days can accumulate thousands in court fees alone — separate from attorney costs. Many family courts offer self-help centers with free assistance for pro se (self-represented) litigants, which can reduce or eliminate the need for paid legal counsel in simpler cases.
Understanding when fees arise during litigation helps you budget effectively. The initial filing fee is just the beginning. Each subsequent procedural step may trigger additional charges. Filing a motion for summary judgment, requesting a jury trial, subpoenaing documents, scheduling depositions, and requesting certified copies of court orders all incur separate fees. In complex cases, these accumulating charges can exceed the original filing fee several times over.
The appeals process is particularly expensive. Beyond the filing fee ($505 for federal appeals), appellants must pay for trial transcripts ($3–$7 per page, with trials generating hundreds or thousands of pages), printing and binding of appellate briefs, and potentially oral argument preparation. The total cost of a federal appeal often exceeds $5,000–$15,000 in fees and costs alone, making the decision to appeal a significant financial commitment that should be weighed carefully against the likelihood of success.
Filing a case without an attorney — known as pro se litigation — eliminates attorney fees but still requires paying all court filing fees, service costs, and procedural charges. Pro se litigants handle approximately 70% of family court cases and a significant portion of small claims matters nationwide. Courts generally provide self-help resources, fillable form packets, and procedural guides for common case types like divorce, name changes, restraining orders, and landlord-tenant disputes.
While pro se litigation saves attorney fees ($200–$500/hour), it requires significant time investment to learn court procedures, draft pleadings, meet deadlines, and present arguments effectively. For simple, straightforward cases — uncontested divorces, small claims under $5,000, name changes — self-representation is entirely feasible for most people with average literacy. For complex matters involving significant assets, custody disputes, business litigation, or criminal charges, attorney representation dramatically improves outcomes and is strongly recommended despite the added cost.
Many bar associations offer free or reduced-cost legal clinics, limited-scope representation (where an attorney handles specific parts of a case while you handle the rest), and legal aid services for qualifying individuals. These hybrid approaches can reduce total legal costs by 40–60% compared to full attorney representation while still providing professional guidance on critical case elements.
→ Always check current fees directly with the court. Fee schedules change periodically, and online sources may be outdated. Call the clerk's office or check the court's official website for the most current fee schedule before filing.
→ Ask about fee waivers and payment plans. If fees create financial hardship, request an Application to Proceed In Forma Pauperis from the clerk. Even partial waivers or installment plans can make court access feasible when lump-sum payment is not possible.
→ Consider small claims court for smaller disputes. Small claims fees are dramatically lower than regular civil filings, the process is faster, and most jurisdictions do not require an attorney. The simplified procedures save both time and money for straightforward disputes.
→ Budget for the full litigation lifecycle. Filing fees are just the starting point. Budget for service of process, potential motions, discovery costs, and trial expenses. Settle early when the economics favor it — the cost of litigation often exceeds the amount in dispute.
See also: Budget Calculator · Tax Calculator · Savings Calculator · Compound Interest