The cost to file a lawsuit in California starts at $30 for a small claims case and runs to $435 for a standard civil case in Superior Court. That is only the entry fee. Service of process, attorney fees, motions, depositions, expert witnesses, and the risk of paying the other side’s costs if you lose are where lawsuits actually get expensive.
Filing Fees by Case Type
California sorts civil cases into three tiers, and the filing fee tracks the amount in dispute.
Small Claims
Small claims court handles disputes up to $12,500 for individuals and $6,250 for businesses.1Judicial Branch of California. Deciding Between Small Claims and Limited Civil The filing fee is $30 for claims of $1,500 or less, $50 for claims between $1,501 and $5,000, and $75 for claims between $5,001 and $12,500. You represent yourself, so there is no attorney bill on top.2Judicial Branch of California. File Your Plaintiffs Claim For smaller disputes, this is by far the cheapest route.
Limited and Unlimited Civil
Anything above the small claims cap moves to Superior Court. As of January 1, 2026, the filing fee is $225 for a limited civil case up to $10,000, $370 for a limited civil case between $10,001 and $35,000, and $435 for an unlimited civil case over $35,000.3Judicial Council of California. Superior Court of California Statewide Civil Fee Schedule The defendant pays the same fee when they answer, which matters if you expect a counterclaim.
Serving the Papers
After filing, someone other than you has to deliver the papers to the defendant. You have two practical choices.
The county sheriff charges a flat $50 per service attempt, set by state statute. Sheriff’s deputies are reliable but work on their own schedule, so service can take a few weeks.
Private process servers charge $40 to $200 per service. For a defendant at a known address, the sheriff and a private server cost about the same. Private servers earn their premium on the hard cases: multiple attempts, off hours, skip tracing when someone is dodging service.
Attorney Fees
Attorney fees typically dwarf every other cost combined. California requires any fee arrangement expected to exceed $1,000 to be in writing, with the billing structure and rates spelled out.4California Legislative Information. California Code BPC 6148 – Fee Agreements
Contingency Fees
In personal injury and some other plaintiff-side cases, attorneys take a percentage of the recovery and charge nothing if you lose. The percentage is negotiable, not fixed by law, and the fee agreement has to say so.5California Legislative Information. California Code BPC 6147 – Contingency Fee Contracts Most contingency fees land between 33% and 40% of the recovery. Settlements before trial sit at the lower end; cases that go through trial command more because the attorney invested more time and risk.
Even on contingency, you are usually on the hook for litigation costs like filing fees, depositions, and expert witnesses, separate from the attorney’s percentage. Some firms advance those costs and deduct them from the recovery at the end. Others bill you as they come up. Read the agreement carefully, because this can mean thousands of dollars out of pocket while the case is running.
Hourly Rates and Retainers
Hourly billing is standard for business disputes, contract cases, and defense work. Rates run from around $200 per hour for a newer attorney in a smaller market to over $1,000 per hour for senior partners at major firms. Most civil litigators in metropolitan areas charge between $300 and $600.
Attorneys who bill hourly usually require a retainer upfront, held in trust and drawn down as work is performed. Initial retainers for civil litigation commonly range from $2,500 to $10,000, and complex commercial disputes can require substantially more. The retainer does not cap your total cost. Once it is depleted, you replenish it or get billed directly.
Flat Fees
For predictable work like a demand letter or a contract review, some attorneys offer a flat fee. That gives you cost certainty but is uncommon for full litigation, where the scope is impossible to predict.
Costs During the Case
The filing fee gets you in the door. Everything after that generates its own bills, and they scale with how contested the case becomes.
Motion Fees
Most motions requiring a hearing cost $60 to file. A motion for summary judgment carries a $500 filing fee.6Judicial Council of California. Superior Court of California Statewide Civil Fee Schedule A contested case can involve half a dozen motions or more. Your attorney’s time preparing and arguing each one is billed separately.
Expert Witnesses
Many cases need expert testimony to prove causation, damages, or industry standards. Medical experts, accident reconstruction specialists, forensic accountants, and engineers all charge for their time. Rates typically run $300 to $500 per hour, with some specialized physicians and economists charging more. You also pay for the expert’s time reviewing records, preparing reports, and sitting for depositions, not just for testimony.
Depositions and Discovery
Discovery generates some of the heaviest costs in litigation. Depositions require a court reporter, who charges by the page for transcripts, typically several dollars per page, plus an appearance fee for the session. A single full-day deposition can run $1,000 to $2,000 or more just for the transcript. A videographer adds several hundred more. In a moderately complex case with several witnesses, discovery costs can reach five figures.
Jury Fees
If either side wants a jury, the party requesting one pays a nonrefundable $150 fee. Both sides owe it if both demand a jury.7California Legislative Information. California Code of Civil Procedure CCP 631 – Jury Fees The party demanding the jury also deposits daily juror fees and mileage starting on the second day of trial. For a trial that runs a week or longer, those daily deposits become a real expense.
What You Pay If You Lose
Most people filing a lawsuit do not think about this until it is too late. In California, the prevailing party in a civil case is entitled to recover litigation costs from the losing side as a matter of right.8California Legislative Information. California Code of Civil Procedure CCP 1032 – Costs Lose your case, or lose on a defendant’s counterclaim, and you can owe the other side’s filing fees, deposition costs, service charges, and other expenses.
Recoverable costs include filing and motion fees, deposition transcription, service of process, interpreter fees for depositions, and court-ordered expert witness fees.9California Legislative Information. California Code of Civil Procedure CCP 1033.5 – Allowable Costs Attorney fees are generally not recoverable unless a contract or statute specifically says so. Even without attorney fees, a cost award in a case with heavy discovery can reach tens of thousands of dollars. Factor that risk in before you file.
Appeals
If you lose at trial and want to appeal, the filing fee at the California Court of Appeal is $775.6Judicial Council of California. Superior Court of California Statewide Civil Fee Schedule That is just the start. You also pay for preparation of the trial record, including transcripts. If the other side won a money judgment, you may need to post a bond covering the judgment plus interest to stop collection while the appeal is pending. The bond premium alone, usually 1% to 3% of the bond amount, can be substantial on a large judgment. Appeals also take time, often a year or more, and if you are paying hourly, the legal fees for briefing and oral argument add significantly to the total.
Mediation and Arbitration
Many California civil cases involve mediation or arbitration, either voluntarily or because a contract requires it. These carry their own costs on top of court fees.
Private mediators typically charge $200 to $500 per hour, with full-day sessions common in more complex disputes. Parties usually split the fee equally. Some courts run free or low-cost mediation programs for smaller cases, so check locally before hiring a private mediator.
Arbitration is more expensive. JAMS charges a $2,000 filing fee for a two-party case, plus a 13% case management surcharge on the arbitrator’s professional fees, which are billed at the individual arbitrator’s hourly rate.10JAMS. Arbitration Schedule of Fees and Costs In consumer disputes where arbitration is required by contract, the consumer’s share is capped at $250. Employees required to arbitrate as a condition of employment pay no more than $400.
Fee Waivers
If you cannot afford court fees, California’s fee waiver program can eliminate filing fees, service fees, court reporter charges, and several other costs. You need to meet just one of three eligibility criteria:
- You receive Medi-Cal, CalFresh, SSI/SSP, CalWORKs, WIC, General Assistance, or unemployment benefits.
- Your household’s gross monthly income falls below the court’s threshold for your family size.
- Even if your income is above that threshold, paying court fees would leave you unable to cover housing, food, and other basic needs.
To apply, complete the Request to Waive Court Fees form (FW-001) and file it with your first court papers.11California Courts. Ask for a Fee Waiver You provide information about your income, expenses, and any public benefits. The court can grant the waiver, deny it, or ask for more documentation. A granted waiver covers not just the initial filing fee but also sheriff service, court reporter fees at trial, and other costs listed on the court’s order.12California Courts. Request to Waive Court Fees (FW-001)