The cost to file a motion in court ranges from nothing to a few hundred dollars in court fees, and often much more once attorney time and related expenses are counted. Federal district courts generally charge no separate fee for a motion filed inside a case that is already open. State courts more commonly charge a motion fee, usually somewhere between $20 and $150 depending on the court and the type of motion. The filing fee is often the smallest line on the bill.
Federal Court Motion Fees
In federal district court, most motions filed within a pending case carry no additional court fee. The initial civil filing fee paid at the start of the case covers the case as it moves forward, including motions filed along the way.1Office of the Law Revision Counsel. 28 U.S. Code 1914 – District Court Filing and Miscellaneous Fees
The federal miscellaneous fee schedule does charge $52 for filing a document that isn’t related to a pending case or proceeding, but that’s a narrow category and doesn’t apply to a typical motion to dismiss, motion for summary judgment, or discovery motion inside an existing case.2Administrative Office of the U.S. Courts. District Court Miscellaneous Fee Schedule Where federal costs pile up is in attorney time and supporting materials, not the clerk’s window.
State and Local Court Motion Fees
State courts more often charge a fee each time you file a motion, and the amount depends on the court level and the type of motion. A routine procedural motion in a lower-level civil court might cost $20 to $60. Motions in higher courts handling larger civil cases can run $75 to $150 or more. Some jurisdictions also price the fee by what the motion asks for. A motion to reopen a closed case, for example, often carries a higher fee than a standard scheduling motion.
Small claims and landlord-tenant courts tend to sit at the low end, sometimes under $30. Superior courts and circuit courts usually charge more. Two neighboring counties in the same state can charge different amounts for the same motion, so the only reliable number is the one on your specific court’s fee schedule.
What You’ll Actually Spend Beyond the Filing Fee
For most people, attorney’s fees dwarf the court fee. Drafting a motion involves legal research, writing, reviewing evidence, and sometimes preparing declarations or exhibits. If the motion goes to a hearing, the attorney also bills for preparation and the hearing itself. Attorney hourly rates in the U.S. average around $300 or more, with wide variation by city and practice area.
A straightforward procedural motion that takes a few hours of attorney time might run $500 to $1,500. A contested motion with substantial briefing and a hearing, such as a motion for summary judgment or a motion to compel discovery, can cost $2,000 to $5,000 or higher. A $50 court fee barely registers next to a $3,000 legal bill for the briefing behind it. Self-represented filers avoid attorney fees but take on the risk of a motion that doesn’t meet procedural requirements or fails to make the right legal argument.
Serving the Motion
After filing, you generally have to serve the other parties with copies. In a pending case, that’s often done by mail or through the court’s electronic filing system at minimal cost. When personal service is required, you’ll hire the local sheriff’s office or a private process server. Private process server fees generally range from $20 to $100 per job, depending on location, attempts needed, and how hard the person is to find.
Copies, Certifications, and Postage
Photocopying court documents often runs $0.50 per page, certified mail adds a few dollars per envelope, and certified copies of federal court records cost around $12 per certification.2Administrative Office of the U.S. Courts. District Court Miscellaneous Fee Schedule Small on their own, meaningful across a case with several motions.
E-Filing Transaction Fees
Most courts now use electronic filing, and many require attorneys to file that way. E-filing carries transaction fees that the court’s published fee schedule usually doesn’t list. These charges come from the electronic filing service provider and cover payment processing. A common structure is roughly 3.5% of the total fees plus $0.30 per transaction; others charge a flat fee per filing, commonly $7 to $13. The charge applies each time you submit a payment, so multiple filings in one case mean multiple transaction fees.
If You Can’t Afford the Filing Fee
You can ask the court to waive the fee. In federal court this is called proceeding “in forma pauperis.” Under 28 U.S.C. ยง 1915, a federal court can authorize a case to move forward without prepayment of fees if you submit an affidavit showing you can’t pay.3Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings in Forma Pauperis The federal courts provide a standard application form.4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
State courts have their own versions, often called an “Application to Waive Court Fees” or something similar. Many use the federal poverty guidelines as a benchmark. For 2026, the poverty level for a single person in the 48 contiguous states is $15,960 per year.5U.S. Department of Health and Human Services. 2026 Poverty Guidelines Courts typically grant full waivers to applicants at or below 125% of the poverty level, with some offering partial waivers on a sliding scale up to 200%. Receiving means-tested benefits like SNAP or Medicaid may qualify you automatically.
The application asks for detailed financial disclosure: income, employment, assets, debts, and monthly expenses. Attach supporting documents like pay stubs, benefit award letters, or bank statements. A judge grants or denies it. If denied, you’ll need to pay the fee before the court processes your filing. One limitation to keep in mind: a fee waiver covers court filing fees, not process server fees, copying, or attorney charges.
The Cost of Filing a Motion the Court Considers Frivolous
A motion that a court finds frivolous or made in bad faith can cost you the other side’s attorney’s fees for having to respond. In federal court, Rule 11 of the Federal Rules of Civil Procedure requires every motion to be supported by a reasonable legal argument and factual basis. If the court finds a violation, it can impose sanctions “limited to what suffices to deter repetition of the conduct.”6Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers
Sanctions can include paying the other party’s reasonable attorney’s fees and expenses incurred in responding to the filing.6Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers State courts have equivalent rules. A motion that costs $50 to file can end up costing thousands. Rule 11 has a safety valve: the other side must serve the sanctions motion on you and wait 21 days before filing it with the court, giving you a chance to withdraw the offending motion. Miss that window and the financial exposure is real.
How to Confirm the Exact Fee Before You File
Every court system publishes a fee schedule, and that’s the only reliable way to pin down what you’ll owe. For federal courts, the Judicial Conference publishes the District Court Miscellaneous Fee Schedule on uscourts.gov.2Administrative Office of the U.S. Courts. District Court Miscellaneous Fee Schedule For state and local courts, look on the court’s website under headings like “clerk of court,” “fee schedule,” or “forms and resources.”
If you can’t find the fee online, call the clerk’s office. Have your case number ready and describe the specific motion you plan to file. The clerk can tell you the exact fee, accepted payment methods, and whether electronic filing is required. Clerks can’t advise you on which motion to file, but they’re generally helpful with the procedural and financial details of getting it in.