Chapter 7. Fees and Costs.
§ 15–701. Compensation taxed as costs; attorneys’ compensation from clients.
(a) Except as otherwise provided by law, only the compensation specified in this chapter may be taxed and allowed to attorneys, proctors, United States attorney, marshal, witnesses, and jurors.
(b) This chapter does not prohibit attorneys and proctors from charging or receiving from their clients other than the government such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage or may be agreed upon.
§ 15–702. Attorney fees taxed as costs.
An attorney for the District of Columbia may not retain attorney fees taxed as costs in litigation in which the District of Columbia is a party.
§ 15–703. Security for costs by nonresidents.
(a) The defendant in a suit instituted by a nonresident of the District of Columbia, or by one who becomes a nonresident after the suit is commenced, upon notice served on the plaintiff or his attorney after service of process on the defendant, may require the plaintiff to give security for costs and charges that may be adjudged against him on the final disposition of the cause. This right of the defendant does not entitle him to delay in pleading, and his pleading before the giving of the security is not a waiver of his right to require security for costs. In case of noncompliance with these requirements, within a time fixed by the court, judgment of nonsuit or dismissal shall be entered. The security required may be by an undertaking, with security, to be approved by the court, or by a deposit of money in an amount fixed by the court.
(b) A nonresident, at the commencement of his suit, may deposit with the clerk such sum as the court deems sufficient as security for all costs that may accrue in the cause, which deposit may afterwards be increased on application, in the discretion of the court.
§ 15–704. Advance payment of costs and fees.
Costs and fees for services rendered by the Register of Wills and chargeable to others than the United States or the District of Columbia are payable in advance and shall be collected pursuant to such rules and regulations, not incompatible with law, as are prescribed by the court.
§ 15–705. Exemption of District of Columbia and United States from fees, costs, and bonds.
(a) The District of Columbia or any officer thereof acting therefor may not be required to pay court costs or fees in any court in and for the District of Columbia.
(b) The District of Columbia may not be required to pay fees to the clerk of the United States Court of Appeals for the District of Columbia, or to the marshal of the District, and is entitled to the services of the marshal in the service of all civil process.
(c) The United States and the District of Columbia may not be required to pay fees and costs for services rendered by the clerk of the United States District Court for the District of Columbia and the Register of Wills.
(d) Neither the United States nor the District of Columbia, nor any officer of either acting in his official capacity, may be required to give bond or enter into undertaking to perfect an appeal or to obtain an injunction or other writ, process, or order in or of any court in the District of Columbia for which a bond or undertaking is required by law or rule of court.
§ 15–706. Clerk’s fees in United States District Court for the District of Columbia. [Repealed]
Repealed.
§ 15–707. Probate fees.
(a) Except as provided in subsection (b), the Register of Wills may demand and receive in advance for services performed by him such fees as shall be set by the court having jurisdiction over probate matters in the District of Columbia.
(b) Where the estate does not exceed $500 in value the Register of Wills shall receive no fees, and where the estate does not exceed $2,500 in value the fees may not exceed $15.
§ 15–708. Deposit for probate fees.
For proceedings in probate deposits and fees shall be paid to the Register of Wills.
Upon the presentation for filing of a petition or a caveat to a will, he may require a deposit for his fees to be charged for the proceedings under the petition or caveat. Upon the deposit becoming exhausted in the liquidation of his fees so charged, he may require a further deposit from the original petitioner or caveator. The deposits may not be required in excess of fifteen dollars at any one time.
§ 15–709. Fees and costs in Superior Court.
(a) The Superior Court of the District of Columbia may prescribe fees and costs, including the fee to be paid for a jury trial.
(b) Fees for services by the United States marshals for processes issued by the Superior Court shall be prescribed by rules of that court.
§ 15–710. Fees and costs in Domestic Relations Branch of Court of General Sessions. [Repealed]
Repealed.
§ 15–711. Deposit or security for costs in Superior Court.
Nonresidents of the District of Columbia may commence suits in the Superior Court of the District of Columbia without first giving security for costs, but upon motion may be required to give security pursuant to section 15-703 .
§ 15–712. Waiving court fees and costs.
(a) In any noncriminal suit, action, proceeding, or appeal, any District of Columbia court:
(1) Shall grant a full waiver of payment of fees and costs or security for a litigant if the litigant submits an application with a declaration stating that:
(A) The litigant, or if the litigant is asserting a claim on behalf of the dependent, the litigant's dependent, receives financial assistance from one or more of the following programs established under District law:
(i) Close Relative Caregiver Pilot Program, established pursuant to § 4-251.22;
(ii) D.C. HealthCare Alliance, established pursuant to § 7-1405(a);
(iii) General Assistance for Children, established by § 4-205.05a;
(iv) Grandparent Caregivers Program, established pursuant to § 4-251.02(a);
(v) The "Home First" Program, established pursuant to § 7-1131.04(8);
(vi) Interim Disability Assistance, established by § 4-204.07;
(vii) Permanent Supportive Housing, established pursuant to § 4-753.01(b)(4)(A);
(viii) Program on Work, Employment, and Responsibility, established by § 4-205.72(a);
(ix) Rapid Re-Housing Program, established pursuant to § 4-753.01(b)(4)(B);
(x) Rent Supplement Program, established by to § 6-226(a);
(xi) Targeted Affordable Housing, established pursuant to § 6-226(c)(3); or
(xii) Temporary Assistance for Needy Families, established by § 4-202.01;
(B) The litigant, or if the litigant is asserting a claim on behalf of the dependent, the litigant's dependent, receives financial assistance from one or more of the following programs established under federal law:
(i) Child Care Subsidy Program, established pursuant to 42 U.S.C. § 9857 et seq.;
(ii) Domiciliary Care for Homeless Veterans, established pursuant to Chapter 20 of Title 38 of the United States Code;
(iii) Free and Reduced-priced Meals, established pursuant to 42 U.S.C. §§ 1758(b)(1), 1766(c)(4), 1772 (a)(6), and 1773(e)(1)(A);
(iv) Head Start Program, established pursuant to 42 U.S.C. § 9831 et seq.;
(v) Health Care for Homeless Veterans, established pursuant to Chapter 20 of Title 38 of the United States Code;
(vi) Homeless Veteran Community Employment Services Program, established pursuant to Chapter 20 of Title 38 of the United States Code;
(vii) Housing Choice Voucher Program, established pursuant to 42 U.S.C. § 1437f;
(viii) Low Income Home Energy Assistance Program, established pursuant to 42 U.S.C. § 8621 et seq.;
(ix) Medicaid, established pursuant to 42 U.S.C. § 1396 et seq.;
(x) Project-Based Section 8 Rental Assistance, established pursuant to 42 U.S.C. § 1437f;
(xi) Public Housing, established pursuant to 42 U.S.C. § 1437 et seq.;
(xii) Qualified Medicare Beneficiary Program, established pursuant to 42 U.S.C. § 1396d;
(xiii) Section 202 Supportive Housing for the Elderly Program, established pursuant to 12 U.S.C. § 1701q;
(xiv) Section 811 Housing for Persons with Disabilities Program, established pursuant to 42 U.S.C. § 8013;
(xv) Special Supplemental Nutrition Program for Women, Infants and Children, established pursuant to 42 U.S.C. § 1786;
(xvi) Supplemental Nutrition Assistance Program, established pursuant to 7 U.S.C. § 2013;
(xvii) Supplemental Security Income, established pursuant to 42 U.S.C. § 1381 et seq.;
(xviii) Supportive Services for Veteran Families, established pursuant to Chapter 20 of Title 38 of the United States Code;
(xix) Social Security Disability Insurance, established by 42 U.S.C. § 423;
(xx) U.S. Department of Housing and Urban Affairs – Veterans' Affairs Supportive Housing (HUD-VASH) Program, established pursuant to Chapter 20 of Title 38 of the United States Code;
(xxi) Veterans Affairs Supportive Housing, established by 42 U.S.C. § 1437f(o)(19); or
(xxii) Veterans' Pensions or Pensions to Surviving Spouses and Children under Chapter 15 of Title 38 of the United States Code;
(C) The litigant's monthly income does not exceed 200% of the federal poverty guidelines issued by the United States Department of Health and Human Services; or
(D) The litigant is represented free of charge by a legal services or other nonprofit organization whose primary purpose is to provide legal services to low-income clients, or a legal clinic operated by a law school located in the District that provides legal services to low-income clients; and
(2) May grant a full or partial waiver of payment of fees and costs or security for a litigant not otherwise eligible for a waiver pursuant to paragraph (1) of this subsection if that litigant submits a declaration or other proof satisfactory to the court that the litigant is unable to proceed without substantial hardship to themselves or their dependent.
(b) The court may:
(1) Require additional evidence in support of an application for a waiver of payment of fees and costs or security if:
(A) An application is submitted pursuant to subsection (a)(2) of this section;
(B) There is good cause to believe that the information submitted by the litigant is inaccurate or misleading; or
(C) The litigant has undergone a change in circumstances; and
(2) Delegate to the clerk of the court the authority to grant waivers of payment of fees and costs or security under this section; except, that the decision to deny an application, or to grant a partial waiver, shall be made by a judge.
(c)(1)(A) If a completed application is presented to the court, within 5 calendar days after receiving the application, the court shall decide whether to grant a waiver of payment of fees and costs or security; except, that, when a completed application is presented to a judge in open court, the judge shall rule on the application immediately.
(B) If, within 5 calendar days after receiving a complete application, the court has not ruled on the application, the litigant shall be granted a full waiver of payment of fees and costs or security.
(C) The deadlines described in this paragraph shall not apply where the court requires additional information under subsection (b)(1) of this section.
(2) If the court denies an application or grants only a partial waiver, the court shall state the reasons for the denial or partial grant in writing or in open court only to the litigant.
(3)(A)(i) Any litigant who is denied a waiver or granted only a partial waiver may request a hearing on the matter, at which time the litigant shall be allowed to present additional evidence.
(ii) The court shall hold a hearing requested pursuant to this subparagraph no later than 14 calendar days after receiving the request.
(B) In any hearing requested pursuant to subparagraph (A) of this paragraph, the court shall provide a mechanism to permit a litigant to submit or testify to financial information confidentially.
(4) An incomplete application made pursuant to this section shall be returned to the litigant with notice from the court as to which information is missing from the application and without prejudice to the litigant to resubmit a complete application.
(5) In considering an application for waiver of payment of fees and costs or security pursuant to this section, the court shall not consider the merit of the underlying suit, action, proceeding, or appeal.
(d)(1) The court shall keep an application and any financial information provided by a litigant confidential except to the court, the litigant, persons authorized by the litigant, or by court order.
(2)(A) Any person seeking access to an application or financial information provided to the court by a litigant may file a motion, with notice given to the litigant who filed the application, supported by a declaration showing good cause for why the confidential information should be released to the movant.
(B) Any person who is granted access to an application or financial information under this paragraph shall not reveal any information contained in an application or financial information except as otherwise authorized by law or court order.
(3) The court's decision on an application for a waiver shall not be confidential.
(e) The court shall not impose a fee for:
(1) Submitting an application for a waiver of payment of fees and costs or security under this section;
(2) Filing any papers related to filing an application for a waiver of payment of fees and costs or security, unless the court has already considered and denied a previous application for a waiver by the litigant in the same suit, action, proceeding, or appeal; or
(3) Filing any motions, papers, or documents submitted simultaneously with an application for a waiver of payment of fees and costs or security unless and until the court considers and denies the application for a waiver of payment of fees and costs or security.
(f)(1) For all persons granted full waivers of payment of fees and costs or security, and where ordered by the court when granting partial waivers of payment of fees and costs or security, the clerk shall attempt service of the complaint in a manner prescribed by the court's rules and record the date and method of service on the docket.
(2) For the purposes of this subsection, the term "complaint" means the summons, a copy of the complaint, the initial order setting the case for an initial scheduling and settlement conference, any addendum to that order, and any other order directed by the court to the parties at the time of filing. The term "complaint" does not include a petition filed in the Family, Tax, or Probate Division of the Superior Court of the District of Columbia.
(g) On motion, the court may, in its discretion, appoint a person to serve witness subpoenas. Witnesses shall be subpoenaed without prepayment of witness fees, and the same remedies shall be available as are provided for by law in other cases.
(h)(1) A litigant who has received a full waiver of fees and costs or security, or where permitted by the court in a partial waiver of payment of fees and costs or security, may file a motion requesting free transcripts or other documents explaining the basis for the motion.
(2) The court shall grant a motion filed pursuant to paragraph (1) of this subsection unless the court determines that the reason for the request is frivolous. In making this determination, the court shall resolve any doubt about the frivolousness of the request in favor of the litigant.
(3) In granting a motion filed pursuant to paragraph (1) of this subsection, the court may limit the transcripts or other documents provided to the litigant to those transcripts or other documents that are necessary for resolution of the suit, action, proceeding, or appeal.
§ 15–713. Deposits for jury trials in Superior Court.
Deposits made on demands for jury trials in accordance with rules prescribed by the Superior Court of the District of Columbia under authority granted in section 15-709 shall be earned unless, prior to three days before the time set for trial, including Sundays and legal holidays, a new date for trial is set by the court, cases are discontinued or settled, or demands for jury trials are waived.
§ 15–714. Witness fees for attendance in Superior Court.
(a) The fees and travel allowances to be paid any witness attending in a criminal case in the Superior Court of the District of Columbia shall be the same as those paid to witnesses who attend before the United States District Court for the District of Columbia.
(b) The fees and travel allowances to be paid any witness compelled by subpoena to attend any branch of the Superior Court of the District of Columbia other than the criminal division shall be the same amount as paid a witness compelled to attend before the United States District Court for the District of Columbia.
(c) No travel allowance shall be paid to any witness residing within the District of Columbia.
§ 15–715. Witness fees in prosecutions for cruelty to children or animals.
An officer or member of the Humane Society is not entitled to any fee as a witness in the prosecution of a case of cruelty to children or animals.
§ 15–716. Advances to Court of General Sessions Clerk for witness fees. [Repealed]
Repealed.
§ 15–717. Marriage license and related fees.
For each marriage license, the fee shall be $2; for each certified copy of a marriage license return, the fee shall be $1; for each certified copy of application for marriage license the fee shall be $1; and for registering authorizations to perform marriages and issuing certificate, the fee shall be $1.
The Superior Court of the District of Columbia may, by rule of court, increase or decrease fees provided by this section.
§ 15–718. Juror fees.
(a) A juror serving in the Superior Court of the District of Columbia shall be paid an attendance fee of $30 for each day of actual attendance at the place of trial or hearing, except that jurors employed by a federal, state, or local government or by a private employer who pays regular compensation during the period of jury service shall not be paid an attendance fee. A person summoned for petit jury service in the Superior Court of the District of Columbia who does not serve on the petit jury shall not be paid an attendance fee.
(b) A travel allowance not to exceed $2 per day shall be paid to all jurors serving in the Superior Court of the District of Columbia.
(c) For jury service of 5 days or less, petit or grand jurors employed full-time in the District of Columbia shall be entitled to their usual compensation less the fee received for jury service. A person shall not be considered a full-time employed juror on any day of jury service in which that person:
(1) Would not have accrued regular wages to be paid by the employer if the employee were not serving as a juror on that day; or
(2) Would not have worked more than 1/2 of a shift that extends into another day if the employee were not serving as a juror on that day. Employers with 10 or less employees shall not be required to pay a juror-employee his or her usual compensation.
(d) If an employer fails to pay an employee in violation of subsection (c) of this section, the employee may bring a civil action for recovery of wages or salary lost as a result of the violation. If an employee prevails in an action under this subsection, that employee shall be entitled to reasonable attorney fees fixed by the court.
(e) The Board of Judges of the Superior Court may increase the attendance fee and travel allowance provided by this section and, in such event, shall publish the new fee or allowance.
§ 15–719. Adoption court costs and fees.
Any person who files a petition pursuant to Chapter 3 of Title 16 to adopt a child who is a respondent in a neglect proceeding or who has been adjudicated to be neglected as defined in Chapter 23 of Title 16 shall not be required to pay court costs or fees in the Superior Court of the District of Columbia.
