The Filing Fee and Asking the Court to Waive It
§ 1914 sets the fee; § 1915 lets a court allow a case to start without prepaying it. A granted waiver also covers service by a U.S. marshal.
What the fee is
28 U.S.C. § 1914 sets the statutory filing fee for a civil action, and the Judicial Conference adds an administrative fee on top. The combined figure is published by each district court and is adjusted periodically, so the current amount comes from the court's own fee schedule rather than from any secondhand source.
The alternative
28 U.S.C. § 1915 permits a court to authorize a suit to be commenced without prepayment of fees by a person who submits an affidavit listing their assets and stating they're unable to pay. This is commonly called proceeding in forma pauperis.
The forms
The Administrative Office publishes AO 239 (long form) and AO 240 (short form) for this application. Many districts accept the national form; some have a local version or additional requirements.
How the timing works
The application is generally submitted together with the complaint. A judge rules on it. In some districts the complaint isn't docketed as filed until the application is granted, which is worth understanding when a deadline is close.
A related provision
Rule 4(c)(3) states that the court must order service by a U.S. marshal when the plaintiff is authorized to proceed under § 1915 — meaning a granted fee waiver also addresses the cost of service.
Sources
28 U.S.C. §§ 1914, 1915; AO Forms 239, 240; Fed. R. Civ. P. 4(c)(3).
Red flags to watch for
- Relying on a fee amount found online rather than the court's fee schedule
- Filing a waiver application days before the 90-day deadline
- An incomplete assets affidavit
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Start AI screeningSources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.