Federal Circuit Rule 52: Fees
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title VII. General Provisions
(a) Schedule of Fees.
(1) General.
The fees charged by the clerk of court must be the fees prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. § 1913 or adopted by the court. No fees under this schedule may be charged to federal agencies or programs funded from judiciary appropriations, including, but not limited to, agencies, organizations, and individuals providing services authorized by the Criminal Justice Act, 18 U.S.C. § 3006A, and Bankruptcy Administrator programs. The schedule of fees will be posted on the court’s website and in a public area of the courthouse.
(2) Docketing Fee.
The docketing fee will be paid to the trial court clerk of court on filing a notice of appeal in that court. The docketing fee will be paid to this court’s clerk of court on filing any other proceeding.
(3) Electronic Public Access Fee Schedule.
The fees for electronic public access are authorized by 28 U.S.C. § 1913 and promulgated in the Judicial Conference Electronic Public Access Fee Schedule.
(b) Copies of Opinions.
All public court opinions are available on the court’s website or PACER without charge. Printed copies of court orders and opinions are subject to the Electronic Public Access Fee Schedule.
(c) Fees to Be Paid in Advance.
Each notice of appeal, petition for review, application or cross-application for enforcement, petition for an extraordinary writ, and petition for permission to appeal filed electronically as a case-initiating document with this court must be accompanied by the docketing fee, or a motion for leave to proceed in forma pauperis or other waiver, as described in the court’s Electronic Filing Procedures.
The clerk of court may defer taking any additional action on these documents after initial docketing until any fee due is paid or the court or clerk of court grants a fee waiver. The clerk of court may also defer action on all other services requiring payment under the Schedule of Fees until payment is received.
(d) Dismissal for Failing to Pay Docketing Fee.
If a proceeding is docketed without prepayment of the docketing fee, the appellant or petitioner must pay the fee within fourteen (14) days after docketing, unless ordered otherwise. If the clerk of court does not receive the docketing fee, a completed motion for leave to proceed in forma pauperis, or a completed USERRA notice within the allotted timeframe, the clerk of court is authorized to dismiss the proceeding.
(e) Fee Payment.
Electronic filers must pay all fees electronically as provided in the court’s Electronic Filing Procedures. Paper filers must pay all fees in U.S. dollars in the manner set by the clerk of court based on applicable regulations of the Judicial Conference of the United States and United States Department of the Treasury. Checks must be made payable to the Clerk of Court, United States Court of Appeals for the Federal Circuit.
Notes
Practice Notes to Rule 52
No Refund of Fees.
Fees are deposited with the Treasury Department on receipt. The clerk of court cannot refund any fee once it is deposited, except the clerk of court may refund (1) any fee paid in excess of the fee established by the court’s Schedule of Fees or this court and (2) any duplicate fee for the same transaction.
Methods of Payment.
The clerk of court accepts only exact amounts in U.S. dollars and cannot provide change. For payment by personal check or direct debit (ACH), credit for payment will be given only after the check has been accepted by the issuing financial institution. Checks returned for insufficient funds are subject to collection, including an additional fee for insufficient funds as set by the court’s Schedule of Fees. The clerk of court will not accept credit or debit card payments over the phone.
Docketing Fee and Costs in a Case Involving a Claim Under the Uniformed Services Employment and Reemployment Rights Act of 1994.
In a petition for review of a Merits Systems Protection Board decision, a petitioner is not required to pay the docketing fee if the case involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 38 U.S.C. §§ 4323, 4324. A petitioner claiming exemption from the fee pursuant to USERRA should submit Federal Circuit Form 6B within fourteen (14) days after the date of docketing of the petition and may be required to submit documentation that the case before the Board involved a USERRA claim.