U.S. Court Fees 2025-2026: 50 States, Federal, Territorial & Tribal Rates

1. Why do court fees vary so much by state and county?

Court fees are set by state legislatures, county commissions, and local court rules. They reflect regional budget needs, court staffing, technology surcharges (e-filing), and even funding for law libraries or legal aid. For example, California’s $435 fee includes base $435 plus possible add-ons, while South Dakota keeps fees low ($120) due to different funding models.

2. Are federal court fees the same in every state?

Yes, federal district court fees are uniform nationwide under 28 U.S.C. §1914. However, some federal courts may impose local administrative fees (e.g., for electronic access) that can add $3–$10. The base civil filing fee is $402 in 2026.

3. Can I get a fee waiver if I can’t afford to file?

Absolutely. Most state and federal courts allow indigent litigants to file a fee waiver application (in forma pauperis). You must demonstrate income below poverty guidelines. Federal courts use AO 240 form; states have similar procedures. Waivers typically cover filing fees but not service costs.

4. What are typical additional costs beyond the filing fee?

Common add-ons: sheriff service fee ($20–$60), e-filing surcharge ($3.50–$7), jury demand fee (e.g., Ohio +$270), motion fees ($20–$100), and appeal fees. Divorce cases may include parent education class fees ($30–$80). Always check county fee schedule.

5. How much does it cost to file for divorce in 2026?

Divorce filing fees range from about $120 (D.C.) to $435 (California). Many states add surcharges if children are involved (e.g., Alabama $270–$320). Some counties also mandate mediation or parenting class fees. Average uncontested divorce filing cost: $250–$350.

6. Are small claims court fees different from regular civil fees?

Yes. Small claims fees are usually lower and often based on claim amount. Example: Alaska – $100 for claims ≤$10k; Texas (Brazos County) – $125 eviction; Mississippi justice court – $45–$65 phased. Small claims also may have lower service costs.

7. Do tribal courts follow state or federal fee schedules?

Tribal courts are sovereign and set their own fees, which are often lower. For example, Navajo Nation civil filing is $65. Fees vary widely by tribe; always check tribal court rules.

8. What is the EAJA attorney fee cap and COLA adjustment?

Under the Equal Access to Justice Act (EAJA), prevailing parties against the U.S. government can recover attorney fees at a statutory rate of $125/hour, plus a cost-of-living adjustment (COLA) set by the Department of Justice. For 2026, the adjusted rate is approximately $190–$210/hour in many districts.

9. How can I verify the exact fee for my county?

Always check the official website of the specific circuit/county court. Look for "fee schedule," "clerk of court," or "filing costs." Many states also provide uniform fee tables but counties may add local surcharges. Call the clerk’s office for confirmation.

10. Are there fee increases coming in 2026 I should know about?

Yes. Florida (SB 532) will raise civil fees 10-20% starting July 2026. Mississippi (HB 162) increases justice court fees to $55 in 2026 (then $65 in 2027). Louisiana’s 5th Circuit added $2 appeal fee. Always check recent state legislation.