What Case Expenses Beyond Legal Fees Should I Expect in New York?

When you decide to take a case to court in New York, legal fees are just one part of the costs you’ll face. There are many additional expenses that quickly add up. Knowing what to expect can help you budget and prepare. This article will walk through the key case expenses so you aren’t caught off guard.

Filing Fees

Many New York courts charge a filing fee just to initiate a case. This ranges from $45 for a small claims case up to $210 for higher-level civil cases. Family court and domestic violence cases don’t require a filing fee. If you didn’t start the case yourself, you won’t have to pay the initial filing fee. But if you are the plaintiff, this is an unavoidable upfront cost.

Here are some typical New York filing fees:

• Small Claims Court – $15 to $20
• City Court – $45
• State Supreme Court – $210
• Appeals Court – $65

There may also be additional smaller fees for things like requesting a jury trial, filing motions, or appealing a decision. These each add $45 here or there. It all starts to add up.

Service of Process Fees

In order for the case to move forward, the initial filings need to be formally served to the defendant. This is known as service of process and is usually done by a county sheriff’s department or private process server.

The cost for service of process varies, but often runs $35 – $100. It depends on the number of defendants, location, and type of service required. If service is unsuccessful, you may have to pay again for additional attempts.

Discovery Costs

The discovery process involves gathering evidence related to your case. This can include things like:

• Obtaining medical records
• Acquiring police reports and investigation documents
• Interviewing witnesses and obtaining witness statements
• Retrieving financial records
• Inspecting a scene or location related to the case

Your attorney will bill you for the time spent tracking down these documents and evidence. But there are also out-of-pocket expenses to obtain records and pay any required fees. For example, medical facilities often charge for copies of medical records. Police reports may cost $5-$10 each. The expenses add up quickly.

Deposition Costs

Depositions involve formally interviewing parties and witnesses under oath prior to trial. There is a court reporter fee that usually runs $100 per hour for attendance. Transcripts of the deposition also cost around $3-$5 per page. If you need something expedited, it may cost more. Videotaping depositions adds another expense as well.

Expert Witness Fees

Experts are often hired to analyze evidence and provide testimony in court cases. These professionals command high hourly rates for their time reviewing records, inspecting evidence, and preparing reports. Rates of $200-$500 per hour are common. Their travel expenses and any testing or analysis costs may also be billed.

Trial Exhibits, Visuals and Demonstratives

At trial, exhibits, visuals, and other demonstratives can be very persuasive. Your attorney may develop timelines, graphs, maps, diagrams, animations and other tools to help illustrate key points. These can cost thousands of dollars to create professionally. Blowing up exhibits and presentation materials also incurs printing and production costs.

Trial Transcripts

Transcripts of the trial proceedings are essential if you need to file appeals or post-trial motions. Court reporters charge by the page (around $3-$5 per page) for same day or expedited transcripts. Daily trial transcripts easily run hundreds of dollars per day.

Appeals Costs

If you appeal a decision in your case, there are additional filing fees and motion costs. Producing the required copies and records also takes time and resources. Most significantly, your attorney will bill you for the extensive time required to draft the appeals brief and prepare the formal appeals submission.

E-Discovery Costs

Over 80% of evidence is now digital. Collecting, processing, hosting, searching, and reviewing electronic records is time-consuming and costly. Your attorney may engage e-discovery consultants to capture, filter, and convert digital evidence. There are also software costs for advanced analytics and review platforms.

Travel Expenses

If your attorneys need to travel for depositions, meetings, court appearances, and other case activities, the expenses add up quickly. Airfare, hotels, meals, parking, mileage, and other travel-related costs may all be billed. Cases covering wider geographic areas incur more travel time and expenses.

Photocopies

Photocopies are used extensively in legal cases for evidence, discovery, research, correspondence, filings, binders, and more. Large cases can easily incur tens of thousands of photocopies at around 10-20 cents per page.

Postage and Delivery

Overnight deliveries, messenger services, and standard postage are used constantly to send pleadings, motions, and evidence. Couriers may charge $20 or more per delivery. Overnight packages can cost $40-$60 each. Postage for large mailings adds up as well.

Court Reporters and Transcripts

Court reporters attend depositions, hearings, and the trial itself to transcribe an official record. The attendance fee alone is often $100 per hour or more. Transcript fees can run from $3 to $5 per page. Daily trial transcripts often cost hundreds of dollars.

Interpreter Fees

If witnesses only speak a foreign language, interpreters are needed to translate questioning, testimony, and documents. Interpreters cost around $50 per hour or more depending on the language and credentials.

Investigators

Private investigators may be hired to track down witnesses, obtain statements, perform background checks, photograph scenes, and gather evidence. Investigators typically charge $50-$150 per hour.

Fee Waivers for Low Income

If you cannot afford the filing fees and court costs, you can request a fee waiver based on low income. This is also called poor person’s relief. If approved, you won’t have to pay fees for things like:

• Initiating a case
• Requesting a jury trial
• Appealing a decision
• Obtaining trial transcripts

You’ll need to provide details on your income, assets, and expenses. But this can be a lifesaver if you have limited means to pursue a case.

Pro Bono Assistance

If you have very low income, you may qualify for free pro bono legal assistance. Various legal aid organizations and bar associations coordinate pro bono services by attorneys who volunteer their time. This can reduce your legal fees to zero if you meet the eligibility requirements.

Payment Plans

If the upfront cost of litigation is beyond your means, discuss payment plans with attorneys you consider hiring. Many lawyers are willing to set up installment plans, blend hourly and contingency rates, or find other flexible payment options.

Case Expense Funding

Third-party funding companies provide cash advances to cover case expenses in exchange for a portion of the settlement or award amount. This avoids paying case costs out-of-pocket. But you’ll pay higher fees in the long run.

Contingency Fee Agreements

With a contingency fee agreement, your attorney only gets paid if you win or settle your case. Their fee is a percentage of the final award or settlement amount. No upfront payments are required. But contingency fees are usually 33-40% of the total recovery.

Conclusion

Pursuing a legal case involves far more than just attorneys’ hourly rates. You have to budget for filing fees, discovery, experts, transcripts, travel, and many other expenses. It pays to understand these costs upfront so you can plan accordingly. Fee waivers, pro bono services, payment plans, case funding, and contingency fee agreements are options if the overall price tag is daunting.

With realistic expectations about total costs, you can make informed choices to control expenses. This allows you to focus on the legal merits of your case rather than budget limitations. An attorney experienced with New York courts can also help manage costs efficiently. Do your homework on the full costs of litigation as you proceed.