Introduction
Court costs differ significantly between civil and criminal cases in the United States. Many people assume all court cases involve similar fees, but the reality is more complex. This guide explains how civil and criminal court costs differ, who pays them, and what expenses are involved in each type of case.
What are Civil Court Costs?
Civil court costs apply to disputes between individuals or organizations. These cases typically involve money, property, or legal rights rather than criminal penalties.
Common civil cases include:
- Lawsuits over contracts
- Personal injury claims
- Divorce and family law cases
- Property disputes
In civil cases, court costs are usually paid by the party who files the case, although courts may order the losing party to reimburse some costs.
Typical Civil Court Costs
Criminal court costs may include:
- Court administrative fees
- Probation supervision fees
- Public defender reimbursement fees
- Mandatory assessments and surcharges
In many cases, criminal defendants are required to pay court costs even if fines are minimal.
Who Pays Court Costs in Civil vs Criminal Cases?
In civil cases, the filing party usually pays upfront, though courts may shift costs to the losing party.
In criminal cases, defendants often pay court costs upon conviction, even if they did not choose to initiate the case.
Fee waivers or reduced costs may be available based on income or hardship in both types of cases.
Can Court Costs Be Reduced or Waived?
Some courts allow fee waivers for individuals who cannot afford court costs. Waivers are more common in civil cases but may also apply in certain criminal matters.
Eligibility depends on income, government assistance, and local court rules.
How These Differences Affect Total Legal Costs
Understanding the distinction between civil and criminal court costs helps estimate total legal expenses. Civil cases often involve higher upfront costs, while criminal cases may impose ongoing or post-conviction fees.
For a full overview of court-related expenses, see our guide on Court Costs in the United States.