How much does it cost to sue someone?

By Javi Pérez, independent researcher (not a lawyer)Last reviewed · 18 sources cited below · How we research

General information, not legal advice. Fees and rules change and differ by court and county. Confirm current amounts with the court or a lawyer licensed in your state before you rely on them.

Short answer

Filing a new civil case in federal district court costs $405, and state trial courts charge their own fees, such as $435 for an unlimited civil case in California or $210 for an index number in New York Supreme Court. The filing fee is usually the smallest part of the bill: lawyer time, depositions, transcripts and experts make up most of a litigated budget. Under the American rule, each side normally pays its own lawyer win or lose, unless a statute or contract shifts the fees.

Step one: the filing fee

Every lawsuit starts with a court fee. A new civil action in federal district court costs $405: the $350 statutory fee plus a $55 administrative fee[1][2]. State courts set their own fees, which often depend on the amount claimed and sometimes on the county.

Examples of civil filing fees for a new case (checked October 2026)
CourtFee to file
U.S. District Court (any state)$405[1][2]
California Superior Court$435 unlimited civil (over $35,000); $370 limited civil ($10,000–$35,000); $225 limited civil (up to $10,000)[3]
New York Supreme Court$210 index number; a request for judicial intervention ($95) and note of issue fees come later[4]
Florida Circuit CourtUp to $395 for up to five defendants[5]
Massachusetts Superior Court$240 per plaintiff + $20 security fee + $15 surcharge = $275[6]
North Carolina$200 Superior Court; $150 District Court[7]
Vermont Superior Court, Civil Division$295[8]
Oregon Circuit CourtTiered by amount claimed, from $170 (up to $10,000) to $1,178 ($10 million or more)[9]

Small claims courts charge much less and are built for people without lawyers; see small claims court cost and the filing fee calculator. Your state guide lists the fees we verified for your state.

The cost stack after filing

Once a case is filed, costs come from two places: the lawyer's fee and out-of-pocket case costs. The table separates what is set by law from what is set by the market.

Litigation cost components
ComponentWhat we can citeWhat varies
Service of processIf the U.S. Marshals Service serves papers: $65 per hour per item served, plus travel costs[10]Private process servers set their own prices; many defendants agree to waive formal service
Witness feesFederal attendance fee of $40 per day, plus travel[11]State witness fees differ
Court hearing transcriptsFederal maximum of $4.40 per page for ordinary (30-day) delivery, up to $7.30 for next-day[12]Deposition transcripts are ordered from private court reporters at their own rates
Expert witnessesNo official rateExperts bill their own hourly or flat fees for review, reports and testimony
Lawyer timeClio's 2025 national average: $349 an hour[13]Rate, staffing and the number of hours

A worked budget, step by step

Illustrative example: a federal contract dispute that settles at mediation after two depositions. Hours, page counts and the expert and mediator rates below are assumptions for the arithmetic, not typical figures. Lawyer time uses Clio's $349 national average[13].

Example budget
ItemArithmeticAmount
Federal filing feeFixed fee$405
Lawyer: complaint, initial disclosures, scheduling15 h × $349$5,235
Lawyer: written discovery and document review40 h × $349$13,960
Lawyer: two depositions (prep and attendance)20 h × $349$6,980
Lawyer: mediation prep and session10 h × $349$3,490
Deposition transcripts (assumed)2 × 200 pages × $5.00$2,000
Expert review and report (assumed)20 h × $400$8,000
Your share of the mediator's fee (assumed)Fixed$1,500
Total$41,570

If the case did not settle and went to trial, add trial preparation and trial days. At an assumed 120 more lawyer hours: 120 × $349 = $41,880, bringing the total to $83,450 before expert testimony fees and trial transcripts.

Notice that the filing fee is about 1% of the settled-case total ($405 ÷ $41,570). Most of the spending happens in discovery.

Where costs jump

  1. Pleadings. Drafting the complaint and responding to any motion to dismiss.
  2. Discovery. Exchanging documents, written questions and depositions. This is usually the most expensive stage, and the other side's behavior drives much of it.
  3. Experts. Needed when a case turns on technical, medical or financial questions.
  4. Dispositive motions. Summary judgment briefing can resolve a case without trial, but it is labor-intensive.
  5. Mediation or settlement conference. Often court-ordered; see mediation cost.
  6. Trial and appeal. Preparation, trial days and post-trial motions, then a separate budget for any appeal.

Who pays: the American rule and its exceptions

The U.S. Supreme Court calls it "the bedrock principle known as the American Rule": each side pays its own attorney's fees, win or lose, unless a statute or contract provides otherwise[14]. The main exceptions:

  • Fee-shifting statutes. In civil rights cases, for example, a court may award a reasonable attorney's fee to the prevailing party[15]. Many consumer and employment laws have similar provisions.
  • Contract clauses. Leases, loan agreements and business contracts often say the losing party pays the winner's fees.
  • Taxable costs. Separately from attorney's fees, federal courts generally award "costs" to the prevailing party[16]. These are limited categories such as clerk and marshal fees, necessary transcripts, printing, witness fees, copying, docket fees and court-appointed experts and interpreters[17]. Private expert fees and lawyer time are not on the list.
  • Settlement offers. In federal court, if you reject a formal offer of judgment and then do no better at trial, you must pay the costs the other side incurred after the offer[18].

Fee-shifting can cut both ways. If a contract or statute lets the winner recover fees, losing may mean paying the other side's lawyer as well as your own. Ask a lawyer to check before you file.

Before you sue: a cost check

  • Compare the realistic cost through discovery with the amount in dispute.
  • Ask whether the defendant could actually pay a judgment.
  • Try a written demand letter first; many disputes end there.
  • Check whether small claims court covers your amount.
  • Look for a fee-shifting statute or contract clause that could help or hurt you.
  • For injury claims, ask about contingency fees, where the lawyer usually advances the costs.
  • If money is tight, see low-cost options, including court fee waivers.

Frequently asked questions

How much does it cost to file a lawsuit?

In federal court the filing fee is $405. State courts set their own fees: for example, $435 for an unlimited civil case in California Superior Court and $200 in North Carolina Superior Court. Small claims fees are lower.

Can I make the other side pay my lawyer?

Only if a statute or a contract allows it. Under the American rule each side pays its own lawyer, but some laws, such as federal civil rights statutes, and many contracts let a court award fees to the winner.

What is the difference between legal fees and court costs?

Legal fees are what you pay your lawyer. Court costs are out-of-pocket items such as filing fees, transcripts and witness fees; in federal court a winning party can usually recover listed costs, but not attorney's fees unless a statute or contract allows it.

Is it cheaper to sue in small claims court?

Usually, because filing fees are lower, procedures are simpler and you normally do not need a lawyer. The trade-off is a cap on how much you can claim, which varies by state.

Can I get the filing fee waived?

If you cannot afford it, yes in many cases. Federal courts let you file a sworn statement of inability to pay, and state courts have their own fee waiver forms.

Sources

  1. 28 U.S. Code § 1914: District court; filing and miscellaneous fees — Legal Information Institute, Cornell Law School. $350 statutory federal civil filing fee (checked October 11, 2026)
  2. District Court Miscellaneous Fee Schedule — Administrative Office of the U.S. Courts. $55 administrative fee that, with the $350 statutory fee, makes a new federal civil filing $405 (checked October 11, 2026)
  3. Statewide Civil Fee Schedule (effective January 1, 2026) — Judicial Council of California. California first-paper filing fees: $435 unlimited civil, $370 and $225 limited civil (checked October 11, 2026)
  4. CPLR 8018: Fees of county clerks — New York State Senate. New York Supreme Court index number fee ($210 total) (checked October 11, 2026)
  5. Florida Statutes § 28.241: Filing fees for trial and appellate proceedings — Florida Legislature. Florida circuit civil filing fee up to $395 for up to five defendants (checked October 11, 2026)
  6. Superior Court filing fees — Massachusetts Trial Court (mass.gov). Massachusetts Superior Court: $240 per plaintiff plus $20 security fee and $15 surcharge (checked October 11, 2026)
  7. N.C. Gen. Stat. § 7A-305: Costs in civil actions — North Carolina General Assembly. North Carolina civil filing costs: $200 Superior Court, $150 District Court (checked October 11, 2026)
  8. Court fees — Vermont Judiciary. Vermont Superior Court, Civil Division filing fee $295 (checked October 11, 2026)
  9. ORS Chapter 21: Court fees — Oregon State Legislature. Oregon circuit court filing fees tiered by claim amount, $170 to $1,178 (checked October 11, 2026)
  10. 28 CFR 0.114: Fees for services — eCFR (Office of the Federal Register). U.S. Marshals Service personal service fee of $65 per hour per item, plus travel costs (checked October 11, 2026)
  11. 28 U.S. Code § 1821: Per diem and mileage generally — Legal Information Institute, Cornell Law School. Federal witness attendance fee of $40 per day (checked October 11, 2026)
  12. Federal Court Reporting Program — U.S. Courts. Maximum federal court transcript rates per page (from Oct 1, 2024): $4.40 ordinary to $7.30 daily (checked October 11, 2026)
  13. Compare Lawyer Rates (2025 Legal Trends Report data) — Clio. U.S. national average lawyer hourly rate of $349 (2025), used only for illustrative arithmetic (checked October 11, 2026)
  14. Baker Botts L.L.P. v. ASARCO LLC, 576 U.S. 121 (2015) — Justia (U.S. Supreme Court opinion). The American Rule: each litigant pays its own attorney's fees, win or lose, unless a statute or contract provides otherwise (checked October 11, 2026)
  15. 42 U.S. Code § 1988: Proceedings in vindication of civil rights — Legal Information Institute, Cornell Law School. Court may award a reasonable attorney's fee to the prevailing party in listed civil rights actions (checked October 11, 2026)
  16. Federal Rule of Civil Procedure 54 — Legal Information Institute, Cornell Law School. Costs other than attorney's fees should be allowed to the prevailing party (checked October 11, 2026)
  17. 28 U.S. Code § 1920: Taxation of costs — Legal Information Institute, Cornell Law School. Categories of taxable costs: clerk and marshal fees, transcripts, printing, witness fees, copies, docket fees, court-appointed experts and interpreters (checked October 11, 2026)
  18. Federal Rule of Civil Procedure 68: Offer of Judgment — Legal Information Institute, Cornell Law School. If the judgment is not more favorable than a rejected offer, the offeree pays costs incurred after the offer (checked October 11, 2026)