Court Fee Structure in Nepal

Introduction

A court fee is the amount paid to initiate legal proceedings in court. It’s not required in all cases, especially civil ones (non-criminal disputes).

 However, court fees apply when a party files a claim. Criminal trials prioritize punishment over fees, and the government usually handles them. 

The government itself is exempt from paying court fees in either civil or criminal proceedings. Property-related cases typically involve court fees.

Who Pays and When

The claimant (party filing the case) is initially responsible for the court fee. However, the losing party may be ordered to reimburse the winner. This is often referred to as “costs awarded to the winner.”

If the claimant pays the fee and loses, the fee is not refunded. Court fees are usually paid when filing a lawsuit, but in some cases, payment can be deferred until after the final judgment. Notably, court fees must be paid in cash. The National Civil Procedure Code 2017 outlines the regulations for court fees.

For those facing financial hardship, the court may, upon recommendation from local authorities, allow payment after the final judgment, as specified in the Court Fee Act and district court regulations.

Definitions and Classifications

As per Section 63 of the National Civil Procedure Code, 2017, court fees are charged for filing a plaint (complaint),appeal, or petition for review or revision. These fees apply at all court levels (district, high, and supreme). The Act exempts the government and criminal cases from court fees.

Legal Provisions and Classifications of Court Fees

Court fees vary depending on the case type, the party’s role (plaintiff, defendant, appellant), and the value of the claim.

Guidelines for Parties

While presenting information about court fees, it’s important to:

• Remain neutral and avoid expressing personal opinions or interests not stated by the parties.
• Present factual information and avoid fabricating details.
• Discourage frivolous lawsuits.
• Avoid inciting vindictive feelings.
• Present facts clearly and avoid confusion.
• Ensure all relevant information is presented, including potential rebuttals on behalf of the opposing party.

Court Fee Information Based on Case Trends

Section 70 of the National Civil Code Procedure, 2017 provides specific fee examples:

• Rs. 500 for requesting partition of property without recovery or establishment of rights.
• Rs. 500 for various claims, such as voiding bonds or deeds, executing unregistered deeds,
•  voiding completed bonds or receipts, eviction requests, obtaining duplicate documents, recalculating sums, 
• disputes over river rights,enforcing irrigation orders, opening/closing property access points, and
• registering documents that don’t involve land rights claims.

Issuing injunctions

Fees are calculated based on the disputed amount, with adjustments for past expenses paid.

Based on Party Roles

• Plaintiff/Appellant: Pays the registration fee and an additional 15% if appealing a lost case.
• Defendant/Appellant: Pays for the initial statement of defense and any applicable fees if they lose and appeal.

Based on Court Levels

• First Tier: Plaintiff pays upon filing the complaint.
• Appellate Court: Either party appealing a lost case is responsible for the fee. Additional charges may apply for incomplete cases or subsequent appeals.

Based on Payment Timing

• Case registration fees are typically paid upfront.
• Property partition suits may involve additional fees during the process.
• For those facing financial hardship, judgment execution fees may be deferred until the final judgment.

Calculation of Court Fee

Court fees are determined based on the National Civil Procedure Code 2017 section 69. Here’s a breakdown:

• Up to Rs. 25,000: Rs. 500
• Next Rs. 25,000: 5% (Rs. 1250)
• Next Rs. 75,000: 3% (Rs. 2,250)
• Next Rs. 500,000: 2% (Rs. 8,000)
• Above Rs. 250,000: 1.5% (Rs. 500 per Rs. 50,000 increment)

Things to consider

• The fee structure varies depending on the case type.
• Before you register a case, make sure you have the necessary court fees.
• Court costs must be paid in cash.
• Any outstanding court expenses must be collected.
• Winning parties may seek court fees from the losing party.
• If court fees are not paid in advance, the case can be filed later.

Should you have any questions, please do not hesitate to contact us at +977- 9745374671 or email info@corporatelawyernepal.com