Cost of Filing Fees in Court
As mentioned in a prior post, the reality of court filing fees cannot be avoided. Generally speaking, these fees can range from a low of about $200 all the way up to $1000 or more for certain pleadings and motions. One recent family law pleading filed in New Jersey had a court filing fee of $1500. New Jersey was pretty egregious in terms of fees (they have my sympathy) and most filings in New York and California are at least $300. Unfortunately, most state court filing fees have gone up since 2001, and there is no sign of a reversal of that trend.
The types of pleadings that might command such high filing fees include foreclosure complaints, certain motions, and certain types of appeals. Even interstate probate filings can command large court filing fees. Fortunately , the majority of pleadings and motions and other documents filed in court are less than $500 in terms of court filing fees. Since federal court is involved, the federal court system in general (including the bankruptcy court) has court filing fees that are more uniform than those that exist in state court.
For example, a complaint or petition filed in bankruptcy court has a filing fee of $299, including an adversary proceeding (i.e., a lawsuit filed within the bankruptcy case), which controls the reader might think will be a lot larger. Unfortunately, the cost of going to court is not so uniform. In the next few sections, I will discuss the factors that apply to each type of fee.
Lawyer Fees and Representation
One of the most important things to understand about the cost of going to court is that, in addition to everything we’ve talked about in the rest of this article, the cost and determination of a few other items will be determined largely by whether or not you work with a private attorney, a public defender, or proceed by yourself.
Your attorney’s fees.
If you decide to hire a private (retained) attorney, you will usually pay a set fee for the attorney’s services in connection with the charges at hand; this fee may be an "all-in" fee (covering everything from arraignment through trial and sentencing, or "finishing up", if you plead guilty in exchange for some concession). However, hourly billing is still fairly common.
If you do choose an hourly rate, what you pay will also depend on a variety of factors, such as: With this in mind, try to focus on private attorneys who are experienced, rather than especially cheap, and who have a good reputation from prior clients.
If you are offered the assistance of a public defender or a "First Appearance" attorney during your preliminary appearance, it’s a good idea to accept the offer (even if you aren’t sure yet whether you will require their services). Not only does this show the court that you were trying to be responsible and consider your options, but it (in many cases) also ensures that you have a defense attorney for at least your first appearance, which could make a significant difference in determining repercussions down the road.
Cost of Evidence and Expert Testimony
Additional costs may accrue if you or your attorney need to gather evidence in the case. For example, the court may order the defendant or plaintiff, or the parties jointly, to pay for evidence-gathering costs; for instance, when a private investigator is called to the witness stand. If the defendant, for instance, needs to pay for a PI or an expert to testify regarding evidence in the case, then the defendant is ultimately responsible for that cost. If you have to pay the costs yourself, you could be forced to settle your case or face increased expenses.
Other evidence-related court costs include the following. You may have to pay for court-ordered discovery of evidence, such as copies of photos or diagrams, if these items are not provided in digital format. You may also be responsible for ordered depositions, including both the depositions of defendants or plaintiffs and third-party transcripts. A third-party (or non-party) witness who has been brought into the case via a deposition can, in some cases, appeal in order to contest the case. In other instances, defendants and plaintiffs, when requesting this kind of deposition, can mitigate this appeal process by offering an agreed-upon judgment. While this strategy can sometimes save a great deal of money, it assumes there is an easy way to do so (which is something that is rarely available to litigants); in other words, the defendants and plaintiffs must agree on their terms and either agree to use an agreed judgment or to participate in a deposition closed to the public. Again, if the defendant or plaintiff doesn’t have access to a copy of the deposition in digital form, then the defendant or plaintiff will have to pay for the depositions separately, so judges can find out about third-party witnesses who may not have been recorded during the original court case.
It’s also important to keep in mind that whether you’re filing your own case or standing in for someone else’s case, your case may have a deadline on it, so that you have to meet this deadline if you plan to go to trial. In some instances, appeals can run up to six years or longer (this is not typical). If you wait to file until after the deadline has passed, then those costs may increase tremendously. This is why it’s important to understand the basic timeline of your case, so you can cover as many bases as possible ahead of time.
One of the biggest expenses that defendants and plaintiffs have to face is the cost of expert witnesses. Expert witnesses not only have a lot to say about the trial but also have a strong influence over how things work out, whether or not they actually testify. It’s the job of the defendant or plaintiff to request that the expert be called to the witness stand during the trial, and their decision regarding whether or not to pay for a transcript of their testimony is also an important component of the case. But if an expert is on the witness stand, they’re very important to the case. The defendants and plaintiffs should not only consult with these experts but also consider their costs.
Other Expenses in a Court Case
Generally speaking, this type of expense category includes office expenses, car travel expenses, and other miscellaneous costs.
At the beginning of a case, the court will issue a "case management order." This simple directive, which is usually given to you by your attorney, will alert you to the fact that there are numerous documents that must be generated and filed with the court on your behalf. These documents include motions and affidavits (nationwide, anyone who signs an affidavit must have it notarized by another person).
Obtaining these documents is actually quite expensive. The attorney’s office must prepare the motion and an accompanying affidavit, then have it signed, notarized, and sent back to the court.
People frequently forget that they are responsible for any mailing costs associated with sending the documents in or out of the country. The same is true if messenger services are necessary to send documents . Occasionally, courier services are necessary because a defendant lives out of state or is not cooperating.
Traveling to court for a hearing usually involves car travel. If your hearing falls during the work day, you will run into problems with traffic, which will cause you to drive faster than usual. This causes you to spend more on gas and car repairs (because of speeding tickets or an accident, among other things).
This expense category also includes administrative filing fees for various documents. In some counties, simply filing a motion for modification can cost well over $100. Notarizing the documents and mailing them back to the court are additional, sizeable fees.
Many counties also require that a copy of each document is sent to the opposing party. This can easily become costly – especially when the receiving party is sending the documents to someone in a different city.
Control your Court Costs
The potential costs of court proceedings can be expensive. As a party in a litigation, there are practical steps you can take, especially with the help of your legal counsel, to minimize or contain your costs. One of those steps is to engage a lawyer, as opposed to another method of dispute resolution. Another step is to try alternative dispute resolution before filing with the court, thereby saving any court fees. For example, mediation is a common form of alternative dispute resolution (ADR) in which an experienced third party attempts to negotiate a settlement between the parties. If all else fails and you must file a claim against a defendant in court, you will be required to pay all necessary filing fees, which can vary depending on the amount of the claim. Many court documents in civil litigation also require a filing fee, which can climb quickly. Having legal counsel may help you navigate potentially overwhelming filing fees. A less conventional approach to minimizing court costs is to try to obtain legal aid. Legal aid is an organization that helps those in need, by providing legal services to people who may not be able to afford a lawyer. These services can include representation for trial proceedings, legal advice, and access to lawyers who can represent individuals at no charge or at a reduced fee. It is important to note that, in Ontario, legal aid does not cover every dispute and high-income earners would generally not be eligible. Another option is having your fees paid by the other party. Under the Rules of Civil Procedure, with certain exceptions, a losing party in civil litigation may be ordered to pay a successful party’s legal costs, which are typically determined on a partial indemnity basis. This means that the successful party will be compensated for their legal and court fees, but not the full maginimum of the party’s legal costs. However, costs awards are generally at the court’s discretion and do not assure that the losing party will be required to pay for the successful party’s entire legal costs. Finally, it may event be possible for you and another party to agree that there should be no costs awarded to the successful party. This may be in the best interest of both parties if the legal costs of either outweigh the damages or value received in the successful outcome, or if neither party is significantly more successful than the other.
Financial Assistance and Support
Financial assistance and support options may be available to individuals unable to afford the cost of going to court on their own. Depending on the specific financial circumstances, alternatives like the following may be open to eligible individuals.
First, Legal Aid or Duty Counsel services could be an option. These programs provide free legal services for those who meet certain criteria.
Second, there may be the possibility of getting help through the Low Income Measure (LIM). With LIM, an estimate of basic expenses is conducted using prices that are commonly seen in the four major areas of spending in Canada (food, clothing, shelter and other). Any family with income below the value of the LIM is considered to be living in what the Statistics Canada terms ‘low income’. Those living in low income can face a number of adverse effects , such as health problems or difficulties within personal relationships. Therefore, people who are classified as living in low income may be eligible for different forms of assistance from community agencies.
Finally, it may be possible to use the Judicial Referral Service (JRS). This is a free type of service offered to those who require a lawyer to handle a civil, family, or commercial matter on their behalf. It operates on a limited basis, based on the province, but the aim is to guarantee genuine access to the legal system for those who need it. Its operation requires greater demand in order to continue providing towards the goal of fairness and adherence to the principle of equal treatment under the law.