What are Court Costs?
Costs are expenses which a party who wins a case normally has to pay without being refunded. Obviously there are situations in which the court will not tax costs to a party who has won a case. These situations arise when the court believes that justice would not be served by doing so, such as when the losing party’s behavior caused the winner to have to incur more costs than was necessary.
More practically, in Louisiana court costs include filing fees; clerk’s office copy costs; fees for the service of process and subpoenas; the costs of maintaining and certifying the court record; the cost of a court reporter providing a transcript of a court proceeding; the cost of an expert witness , investigator, or other special services required for a hearing; and the costs for expert witness fees, witness fees, travel costs, and other expenses for a jury trial.
Costs should not be confused with attorneys’ fees. Costs are not delayed until after the appeal has been resolved – if you win a trial with a jury, for example, your opponent is unlikely to post a bond pending appeal. However, funds for the costs may not be paid back at all if your opponent does not have the funds and cannot be legally forced to pay.
What Determines Court Costs in Louisiana?
Although there are specific statutory costs that are calculated by Louisiana law, there are several other factors that may influence the overall amount of court costs in Louisiana. One of the biggest factors is the type of case and where it is being heard. While the Courts of Appeal and the Louisiana Supreme Court have the same costs structure, district courts and county courts usually have different costs depending on their local rules. In addition, criminal and civil court cost structures differ throughout Louisiana’s courts.
There are different fees and costs for proceedings in these courts: The fees for various filings vary substantially from district to district in the state of Louisiana. The best way to determine the expected filing fees associated with a particular case in the state of Louisiana, is to retain an attorney familiar with the court in which the case was filed. The local attorney will be able to obtain a complete list of all filing fees for each court within that district.
Court reporters fees will also vary throughout the state of Louisiana. In the state courts, court reporters often charge varying fees for trial transcripts, hearing transcripts, deposition transcripts and deposition mini-transcripts. Even though most court reporters are independent sub-contractors, many of them charge an approved rate that must be approved by the court. For example, the judges of the 19th Judicial District Court for East Baton Rouge Parish have their own general order and guidelines for depositions. Certain fees set forth in the 19th Judicial District Court general order includes: fees for deposition mini-transcripts, video depositions, stamped deposition exhibits, deposition exhibits in booklet form, and administrative charges for items such as scanned documents and labels, data CD, audio CD, and additional media time.
Further, the costs associated with service of process, posting, and garnishment will also vary from district to district.
Average Court Costs for Various Cases
The cost of filing a lawsuit or appearing in court is seldom a major consideration for most people. However, civil court costs can add up quickly and begin to make sense of an otherwise daunting endeavor. This list will help you understand the general range of court costs in Louisiana for various court cases:
Criminal Cases: Charged with a crime? Even if the case is dismissed right away, you’ll still have to pay a fee to file for a record expungement. There are also court costs associated with restitution fees. In the event of a trial, there are a variety of costs including those related to witnesses and subpoenas.
Civil Lawsuits: Court fees for civil cases primarily apply to the filing of a lawsuit. A motion to dismiss does not require court costs. Court fees are based on the amount of the suit: $250 for a suit of $50,000 or less; $400 for a suit between $50,000.01 and $150,000; $650 for a suit between $150,000.01 and $500,000; and $800 for a suit of $500,000.01 or more. All court fees are assessed to the plaintiff or suing party. The defendant is given an opportunity to move the court to waive the fees for any reason after receiving notice of the suit.
Traffic Violations: In Louisiana, you must pay a fee to file almost all traffic-related matters. Filing fees vary by parish, but for most minor traffic violations, the cost is $50. The fee is $300 for excessive speeding violations and $600 for reckless driving violations.
Family Law Cases: For divorce matters, you’ll pay a $60 filing fee, plus the cost of serving your spouse. You must pay $250 to file for child support, which does require a hearing. Modifying work in the same way as divorce-your initial filing, serving the other party, and paying a hearing fee.
In all types of cases, there are costs associated with depositions, document production, witness attendance, and other aspects of building your case. It’s also important to factor in the cost of hiring a good attorney to represent you throughout this process.
Additional Fees and Payments
In addition to the standard court costs that cover filing fees, sheriff fees, and similar charges, there are several other types of fees, expenses, and charges that may arise in the course of a lawsuit in Louisiana. The nature of the charges and who is responsible for paying them depends largely on the stage and type of the legal proceeding.
Administrative Fees and Service Of Process Charges – Most major Louisiana courts charge a couple dozen different administrative fees on a relatively wide variety of issues. These may range from a fee for "a motion of any kind" and a "trial by jury" fee, to a fee for filing interrogatories, service of process charges, and many others. A full listing of the administrative fees charged by a particular court will be found in that court’s local rules. Moreover, because a relatively small number of local rules are published on the Web, the easiest way to find them is by searching for your court’s rules at the website of your court’s local bar association.
Moreover, apart from what the local bar associations publish, the Louisiana State Bar Association (a title or two above "local" indeed) publishes The Louisiana Journal of Practice and Procedure in which it "provides a forum for talented legal practitioners to discuss pressing legal issues."
Appeals – Generally speaking, in Louisiana civil procedure, Court of Appeal cases are treated as new cases that are filed with the court. Hence, you need to pay the filing fees to get your case before the Court of Appeal.
Supreme Court Cases – Cases going up to the state’s highest court likewise require filing fees. Also when filing petitions for writs of certiorari, petitioners also need to pay a filing fee when petitioning the Louisiana Supreme Court to take a case, including those already disposed of by the appellate courts.
Fines! – Finally, should you forget to serve any papers that you file in a case, you may be liable to pay a fine of $500 for any failure to comply with the requirement following a motion made by an adverse party and upon a showing of good cause. These fines are to be distributed by the court such that half goes to the Office of the Clerk of the Supreme Court and the other half to the party who filed and served the motion.
How to Calculate Your Court Costs
A good way to estimate the costs in your case is to contact the sheriff’s office of the Louisiana parish where your case will be filed (that’s where judgments are collected). Keep in mind that the cost of serving a defendant is not the same amount for every parish. The costs may change from time to time, but at least this will give you a starting point.
The Louisiana Secretary of State has a free online calculator that permits you to approximate the filing fee for a Louisiana lawsuit: http://www.sos.la.gov/BusinessServices/Notaries/efile/FeeCalc . shtml
Also, Louisiana may charge you a $30 fee to file the suit on a lawyer’s all-purpose form called a "petition." Part of this fee includes charges for uploading your case to Louisiana’s computer case management system, PLEXUS.
Once the case is filed, you may be charged fees for digital images, copies, certified copies and certificates.
I have heard that the court costs in the Civil District Court for the Parish of Orleans can seem expensive compared to other jurisdictions. As of April 1, 2012, the filing fee for a "Motion for Partial Summary Judgment" seems like a large increase compared to the other motion filing fees of the Civil District Court.
How to Reduce Your Court Costs
In the right circumstances, Courts often waive or reduce court costs – an option that is not taken by many. Moreover, attorneys also have some discretion in incurring and billing costs, and being strategic with those costs to try to limit the overall amount that is billed to you. For example, depending on the nature of your case, you may choose to have your attorney file motions and litigate a matter that is likely to be simple. This may not save your attorney time, but he or she may charge for multiple hours of doing routine work. Work that is billed at $300 per hour can add up quickly, and these expenses are often billed to you.
Below we discuss a few options to reduce court costs when you or someone you know has a pending legal action in Louisiana. You may have other options, based on the opinion of your attorney, the local practices or the particular Court handling your legal matter. We urge that you review your specific issues with your attorney.
Ask Your Attorney for a Fee Waiver – In Louisiana, individuals who are unable to afford court costs can apply to the Court for a fee waiver (also referred to as an "in forma pauperis" exception). The Court will not charge filing fees or other customary costs if the application is approved (as long as the case does not involve an exception to the waiver or the imposition of another statute). The process for requesting a fee waiver is straightforward. You simply complete and file an affidavit of inability to pay court costs with the clerk of court – you will be sworn under oath that the activities outlined in the document are true. Alternatively, if you are seeking a fee waiver in a divorce without children, you may merely file a certificate indicating your inability to pay filing fees. (See the Louisiana Code of Civil Procedure Article 518) A judge is not required to evaluate the facts of your situation upon review of your fee waiver affidavit, but may do so at his or her discretion. If so, the judge may revise your case schedule, or hear your cost objection at any time. Your ability to get the fee waiver usually depends on your financial situation at the time of your appointment. The court must take into consideration your income, as well as if you are currently receiving public assistance. If your financial situation changes, you may be able to get a second waiver. If you want to change to an alternative method of payment, like paying on-time every month, talk to your lawyer about your options.
Object to Costs or Prepare a Cost Breakdown for Your Attorney – A breakdown of all fees associated with the court action and a letter outlining the costs is a useful tool for determining what you have to pay your attorney. You should review this with your attorney to see what items you might be able to do yourself or perform at a lower cost elsewhere. For example, if you have an expert or even a process server that you believe you can save money on, tell your attorney right away. You need to be upfront about all costs so that you know what will be added into your bill, and how you will be expected to pay it.
What Happens If You Don’t Pay Your Court Costs
When you initiate a lawsuit in Louisiana, you must pay court costs. If you fail to pay court costs, several things may happen. First, Louisiana’s laws state that if you don’t pay court costs, the court can "stay" (padlock) your action. This means that your case will not proceed until you pay the court costs. This doesn’t mean that you will automatically win your case. It just means the court will not progress towards making a decision about you winning. For example, if you don’t pay your court costs, the court may place everything on hold until you pay your court costs. This might mean you miss a deadline to submit documents to the court or a hearing is delayed. Again, this doesn’t mean you’ll automatically win your case, only that the court won’t move forward with your case until you pay your court costs.
Second, if you don’t pay court costs, the opposing party can ask the court to make you pay. If this happens and you still don’t pay the court costs, the court can simply throw out your case. This basically means you no longer have a case against this person in this court.
Third, your failure to pay court costs can hurt your credit. If the opposing party sues you for failing to pay court costs and gets a judgment against you, then that person now has a judgment against you. Having a judgment against you can harm your credit in several ways. First, you can’t get a mortgage until you pay the judgment. Second, the judgment is a public record and it will be on your credit report for ten years. Third, you may be arrested if the other party obtains a contempt of court warrant for your arrest. Fourth, you may be penalized at work if the judgment is related to something work or business-related.
Helpful Resources
For those in need of budgetary assistance, there are several legal aid organizations you can contact for help. If you are undergoing divorce, discrimination, bankruptcy, disability, or foreclosure proceedings, there are legal aid organizations across the State, including:
• LSU Paul M. Hebert Law Center
• Civil District Court Clinic
• Loyola University College of Law
• Southern University Law Review
• Trial Advocacy Program
Each law school has its own unique services they provide . Generally, law school clinics provide supervised legal representation to low-income people who are in need of legal assistance. Clients are interviewed by a third year law student, clients are advised of their rights, and law students help clients make informed decisions on how to proceed with their matter.
There are other government programs to help you with court cost fees if you do not qualify for legal aid assistance. Court cost waivers and payment plans are available through the Clerk of Court, if you provide them with documentation that shows you cannot afford to pay your court costs out front.