What a Mandamus Case Costs, and When the Government Pays the Fees

Court costs

Opening a civil case in federal district court costs $405: the $350 filing fee set by statute (28 U.S.C. § 1914(a)) and a $55 administrative fee set by the Judicial Conference. Service on the government is usually made by certified or registered mail to the U.S. Attorney, the Attorney General and each agency named (Fed. R. Civ. P. 4(i)), so postage and copying are the other out-of-pocket items. A person who cannot afford the fee may ask to proceed in forma pauperis (28 U.S.C. § 1915); the $55 administrative fee does not apply to people granted that status.

A party who wins may also recover ordinary court costs, including the filing fee, from the United States (28 U.S.C. § 2412(a)).

Lawyers’ fees

There is no standard price. Some lawyers charge a flat fee for a delay case, others bill by the hour, and the total depends on whether the agency acts quickly or the government contests the case through motions. Because most delay cases end when the agency decides the application, the amount of work, and therefore the cost, is often lower than in ordinary federal litigation, but that is not guaranteed.

When the government pays: the Equal Access to Justice Act

Under the Equal Access to Justice Act (EAJA), a court shall award fees and expenses to a party that prevails against the United States in a civil action, unless the government’s position was “substantially justified” or special circumstances make an award unjust (28 U.S.C. § 2412(d)(1)(A)). The conditions matter as much as the rule.

Who qualifies

An individual qualifies only if his or her net worth did not exceed $2,000,000 when the case was filed. A business or organization qualifies only with a net worth of no more than $7,000,000 and no more than 500 employees (28 U.S.C. § 2412(d)(2)(B)). This matters in employer-sponsored cases, where the petitioner is a company.

What “prevailing” means

A party prevails when a court orders a change in the legal relationship between the parties, such as a judgment or a court-ordered consent decree. If the agency simply decides the application on its own and the case is dismissed, the plaintiff generally has not “prevailed,” even if the lawsuit prompted the decision (Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001)). How a case ends, by court order, stipulation or voluntary dismissal, therefore affects whether fees are available.

The rate

Attorney’s fees under EAJA are capped at $125 per hour unless the court finds that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee (28 U.S.C. § 2412(d)(2)(A)). Courts routinely apply cost-of-living adjustments.

The deadline

The fee application must be filed within 30 days of “final judgment,” which the statute defines as a judgment that is final and not appealable, including an order of settlement (28 U.S.C. § 2412(d)(1)(B), (d)(2)(G)). In a case against the government, the time to appeal is 60 days, so the fee clock usually starts only after that period runs.

More detail on when the government can be made to pay the fees in delay cases, including how courts treat the “substantially justified” defense.

Sources

• 28 U.S.C. § 2412 (Equal Access to Justice Act); § 1914; § 1915
• District Court Miscellaneous Fee Schedule (U.S. Courts)
• Fed. R. Civ. P. 4(i)
• Buckhannon Board & Care Home, Inc. v. West Virginia DHHR, 532 U.S. 598 (2001)