The Judicial Conference’s current policy on refunding filing fees has been broadly interpreted to generally prohibit refunds of fees due upon filing, even if a party filed the case in error or the court dismissed the case or proceeding (JCUS-MAR 1949, p. 8)

In March 2005, the Judicial Conference approved guidance for the refund of fees that are paid electronically, which addresses only limited refund authority by the courts when user errors in electronic payments are made and is intended to assist the courts in the exercise of their discretion in this area (JCUS-MAR 2005, p. 11).

The Clerk of Court will refund duplicate or erroneous fees upon order of the Court when paid through Pay.gov directly under the following circumstances:

(1)    When the Clerk's Office discovers that a duplicate fee or an erroneous payment has been paid; or

(2)    When an attorney files a request (Application or Motion for Refund accompanied by a proposed Order) for a refund and the Clerk confirms that the fee was a duplicate or an erroneous payment.

The Court is only entitled to the statutory amount.  However, given the administrative cost involved with processing a refund, the Clerk will only refund an overpayment of $25 or more.

If an attorney continuously makes erroneous payments, the Clerk of Court shall consult with the Chief Judge whether the court should issue an order to show cause as to why further requests for refunds should be considered.