New York Court Fees and Filing Costs: Current Schedule by Court and Action Type

New York's court fee structure is set by statute and administrative rule, distributed across multiple court levels, and varies substantially by action type, claim amount, and the specific tribunal receiving the filing. Fees are governed primarily by the New York Civil Practice Law and Rules (CPLR), the Surrogate's Court Procedure Act (SCPA), the Uniform Civil Rules for the Supreme Court and County Court, and fee schedules published by the New York State Unified Court System. Understanding which schedule applies to a given matter determines filing costs before a single document is submitted.

Definition and Scope

Court fees in New York are mandatory charges assessed by the state judicial system at the point of filing or initiating a court action. They are distinct from attorney fees, service-of-process costs, transcript fees, and judgment enforcement charges — though all of those may arise in the same matter. Filing fees fund court administration and are set by the New York State Legislature through amendments to the CPLR, SCPA, and related statutes; they are not set by individual courthouses or judges.

The New York Unified Court System administers fee collection across the Supreme Court, County Court, Surrogate's Court, Family Court, Civil Court, District Court, City Courts, and Town and Village Courts. Federal courts operating in New York — the Southern, Eastern, Northern, and Western Districts — operate under the federal fee schedule published by the U.S. Courts, which is entirely separate from the state schedule and not addressed here.

The scope of this page is limited to New York State court fees. Federal filing fees, private arbitration fees, and administrative agency filing fees fall outside this coverage.

How It Works

Filing fees are assessed at the point of initiating an action or special proceeding and at subsequent stages when statutes require additional payments (e.g., note of issue filing, motion practice in some courts). The operative framework follows a tiered schedule:

Supreme Court (General Civil Jurisdiction)

Under CPLR § 8018, the index number fee — the foundational fee for commencing a Supreme Court action — is set at $210 for most civil actions. The index number is purchased from the County Clerk, not the court clerk directly, and must precede any filing of the summons and complaint.

Additional fees under CPLR Article 80 include:

1. Note of issue (placing a case on the trial calendar): $30
2. Motion filing (in courts that charge separately): fees vary by court part; many Supreme Court parts do not charge a separate motion fee beyond the index number
3. Appeals to the Appellate Division: the filing fee for a notice of appeal is $65 per CPLR § 8022
4. Court of Appeals: perfecting an appeal carries a $315 fee (CPLR § 8022-a)

New York City Civil Court

The New York City Civil Court handles claims up to $25,000. Filing fees scale with the amount claimed:

• Claims up to $1,000: $45
• Claims from $1,001 to $5,000: $95
• Claims from $5,001 to $10,000: $140
• Claims from $10,001 to $25,000: $210

Small Claims Part

The Small Claims Part within the NYC Civil Court caps jurisdiction at $10,000. The filing fee for a small claims action is $15 for claims up to $1,000 and $20 for claims between $1,001 and $10,000, per the Uniform Civil Rules for the New York City Civil Court.

Surrogate's Court

Surrogate's Court fees are governed by the Surrogate's Court Procedure Act (SCPA) §§ 2402–2403. Probate petition fees scale with the gross value of the probate estate:

• Estate valued under $10,000: $45
• $10,000 to $30,000: $75
• $30,000 to $50,000: $215
• $50,000 to $100,000: $280
• $100,000 to $250,000: $420
• $250,000 to $500,000: $625
• Over $500,000: $1,250

Family Court

Family Court proceedings in New York are generally no-fee for petitioners under Family Court Act § 413-a and related provisions. The Legislature exempted family offense petitions, custody proceedings, child support matters, and juvenile delinquency cases from standard filing fees to preserve access for self-represented litigants.

Common Scenarios

Divorce Actions in Supreme Court

A matrimonial action commences with the standard $210 index number fee. An additional $125 matrimonial surcharge applies under CPLR § 8018(b) to all uncontested and contested divorce actions, bringing the minimum initiation cost to $335 before any service or attorney costs.

Commercial Landlord-Tenant Matters

Nonpayment and holdover proceedings in the New York City Housing Part of Civil Court carry a flat $45 petition fee regardless of the amount of rent sought. Separate filing applies in the District Courts of Nassau and Suffolk Counties, where fees align with Civil Court tiers but are governed by the Uniform District Court Act.

Estate Administration vs. Probate

A petition for letters of administration (intestate estates) carries the same SCPA § 2402 schedule as probate, but a voluntary administration petition for small estates (under $50,000 in personal property) carries a flat $1 filing fee under SCPA § 1310, making it one of the lowest-cost court entry points in the state system.

Article 78 Proceedings

An Article 78 petition challenging agency action is commenced in Supreme Court and requires the standard $210 index number fee. The regulatory context for New York's legal system shapes how agencies respond to these proceedings and whether additional administrative exhaustion steps precede filing.

Decision Boundaries

Selecting the correct court — and therefore the correct fee schedule — depends on three primary variables: claim amount, subject matter, and geographic location within New York State.

Outside New York City, Town and Village Courts handle claims up to $3,000 in small claims and charge fees typically under $10, governed by the Uniform Justice Court Act. City Courts outside New York City operate under the Uniform City Court Act with jurisdiction up to $15,000.

Fee waiver eligibility — formally a "poor person" order under CPLR § 1101 — allows qualifying litigants to proceed without paying filing fees. Applications are made by motion to the court and require a demonstration of financial inability to pay. The New York State Unified Court System's self-help resources, accessible through the main reference index, include the standard fee waiver forms (UCS-113) and eligibility guidance.

The civil litigation process in New York, including the sequence in which fees arise from filing through trial, is governed by the CPLR framework described in depth within the New York CPLR guide.

References

• New York Civil Practice Law and Rules (CPLR), Article 80 — Fees and Costs
• New York Surrogate's Court Procedure Act (SCPA) §§ 2402–2403
• New York Unified Court System — Fee Schedules
• CPLR § 1101 — Poor Person Relief
• Uniform Civil Rules for the New York City Civil Court
• [Uniform District Court Act — New York State Senate](https://www.nysenate.gov/legislation/laws/UDC