Title 28 — Judiciary and Judicial Procedure
Part V · Chapter 123 — Fees and Costs
§ 1927. Counsel’s liability for excessive costs
Statutory text
Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1927
June 25, 1948, ch. 646, 62 Stat. 957
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 957Antitrust Procedural Improvements Act of 1980
Pub. L. 96–349 § 3 · 94 Stat. 1154
Substituted · 28 U.S.C. § 1927
Pub. L. 96–349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys’ fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings
Source evidence
Code amendment note
Pub. L. 96–349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys’ fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings.Enacted provision · exact public law section
Sec. 3. sanctions for attorney delay Section 1927 of title 28, United States Code, is amended— (1) by striking out “as to increase costs”; and (2) by striking out “such excess costs” and inserting in lieu thereof “the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct”.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 829 (R.S. § 982).
Word “personally” was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C.C.A. 401. Reference to “proctor” was omitted as covered by the revised section.
See definition of “court of the United States” in section 451 of this title.
Changes were made in phraseology.
Editorial Notes
Amendments
1980—Pub. L. 96–349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys’ fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings.
Credits
1948–1980 · 2 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 957
- 1980Pub. L. 96–349, § 3, , 94 Stat. 1156.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 96–349, § 3, , 94 Stat. 1156.)