Court Fee Schedules, Deadlines, and Procedural Time Limits
Fees and deadlines
Court fees are usually set by a schedule based on the claim amount, the type of proceeding, or a flat fee. Ad valorem fees apply a rate to the value of the claim, sometimes with a minimum. Fee waivers may be available for indigent parties. Deadlines are computed by excluding the first day and including the last; if the last day is a holiday, the period runs to the next business day. Extensions require a motion filed before the deadline or a showing of excusable neglect.
Procedural time limits
Limitation periods bar stale claims; they are distinct from procedural deadlines. Service deadlines, answer deadlines, appeal deadlines, and post-judgment deadlines each have separate rules. A missed deadline may be jurisdictional or subject to relief, depending on the rule.
Worked example. A claim is filed for $100,000. The schedule sets a fee of 3% of the amount over $50,000 plus a base fee of $1,000. Fee = $1,000 + 0.03 × $50,000 = $2,500. If the fee is not paid within the filing period, the clerk may reject the filing or issue a deficiency notice; the case does not proceed until the fee is cured.
Traps
- Calculating the fee on the wrong amount or forgetting the minimum.
- Counting the first day of a deadline.
- Filing an extension after the deadline has passed.
- Confusing a limitation period with a procedural filing deadline.