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PART I GENERAL PRINCIPLES
CHAPTER III VALUE OF CLAIM & LITIGATION EXPENSES
Section 2 Accounting & Taxation of Litigation Expenses
Article 77-13
In matters arising from proprietary rights, the court cost shall be 1,000 New Taiwan Dollars [ " NTD " ] on the first NTD100,000 of the price or claim's value, and an additional amount shall be taxed for each NTD10,000 thereafter in accordance with the following rates: NTD100 on the portion between NTD100,001 and NTD1,000,000 inclusive; NTD90 on the portion between NTD1,000,001 and NTD10,000,000 inclusive; NTD80 on the portion between NTD10,000,001 and NTD100,000,000 inclusive; NTD70 on the portion between NTD100,000,001 and NTD1,000,000,000 inclusive; and NTD60 on the portion over NTD1,000,000,000. A fraction of NTD10,000 shall be rounded up to NTD10,000 for taxing court costs.
Article 77-14
In matters arising from non-proprietary rights, a court cost of NTD3,000 shall be taxed.
Where such action is accompanied with a proprietary claim, the court costs shall be taxed separately.
Article 77-15
Where the principal claim is the same as the counterclaim, no court cost will be taxed on the counterclaim.
No court cost shall be taxed on claims asserted in accordance either with the provision of the second paragraph of Article 395 or the second paragraph of Article 531.
In cases of an amended or added claim, where the value of such amended or added claim exceeds the value of the original claim, additional court costs shall be taxed on the excess portion.
Article 77-16
In matters of appeal to a court of second or third instance, an additional five tenths of the court cost shall be taxed in accordance with the provisions of Articles 77-13 and 77-14. No court costs will be taxed on a repeated appeal from a judgment rendered after the case has been remanded or transferred by a superior court, or on an appeal from a judgment rendered by the transferee court after the case is transferred in accordance with the provision of the second paragraph of Article 452.
When a claim is amended or added in a court of second instance or is asserted in an action initiated in accordance with the provision of Article 54, the court costs shall be taxed in accordance with the provision of the third paragraph of the preceding article and the provisions of the preceding paragraph shall apply mutatis mutandis. The same principle shall apply to a counterclaim, upon which court costs shall be taxed.
Article 77-17
In cases of a rehearing proceeding, court costs shall be taxed per the provisions of Article 77-13, Article 77-14, and the preceding article, in accordance with the court before such proceeding is initiated.
Where a motion for rehearing proceeds to a final and binding ruling, court costs of NTD1,000 shall be taxed.
The first paragraph shall apply mutatis mutandis to a third-party opposition action.
Article 77-18
Court costs of NTD 1,000 shall be taxed on an appeal or a subsequent re-appeal from a ruling; no court costs shall be taxed on a repeated appeal or subsequent re-appeal from a ruling rendered after the case has been remanded or transferred by a superior court.
Article 77-19
Unless otherwise provided, no costs shall be collected on motions or statements.
Court costs of NTD 500 shall be collected on motions or objections below:
1. A motion for the disqualification.
2. A motion to notify the beneficiary of the security to exercise its rights.
3. A motion for changing the lodgment or promissory note is provided as security.
4. An objection to a measure taken by the court clerk.
5. A motion for the issuance of a payment order.
6. A motion for ordering the creditor of a provisional attachment, provisional injunction, or an injunction maintaining a temporary status quo to initiate the action within a designated period.
If an officer of the court recuses himself upon request, as stated in paragraph 1 of the preceding paragraph, he/she may, within three months from the date of receiving the notice from the court, move for the return of the court costs paid.
Court costs of NTD 1000 shall be collected on motions or objections below:
1. A motion for intervention or for denying intervention.
2. A motion for an order to return the lodgment or the promissory note.
3. A motion for restoration to status quo ante.
4. An objection to a measure taken by the court administrator.
5. A motion for a court order to permit the assumption of the action
6. A motion for an order to permit the registration of the fact that the action is pending or to revoke the registration permission.
7. A motion for pre-action preservation of evidence.
8. An objection was raised based on the proviso to Paragraph 1 of Article 484, the proviso to Paragraphs 1 and 4 of Article 485, and the proviso to Paragraph 2 of Article 486.
9. A motion for provisional attachment, provisional injunction, or revocation of a ruling for provisional attachment or provisional injunction.
10. A motion for public summons or for a judgment of abridgment of rights.
Court costs of NTD 3000 shall be collected on motions for an injunction maintaining a temporary status quo or for revocation of an injunction maintaining a temporary status quo.
If the court holds the objection raised in the second subparagraph of Paragraph 4, and the fourth subparagraph of Paragraph 8 to be justified, he/she may, within three months from the date of receiving the notice from the court, move for the return of the court costs paid.
Article 77-20
In a motion for mediation of disputes over proprietary rights, no filing fees will be taxed where the price or claim's value is less than NTD 100,000. A filing fee shall be taxed for claims valued at NTD 100,000 or greater according to the following rates: NTD 1,000 where the price or claim's value is NTD 100,000 or more but less than NTD 1,000,000; NTD 2,000 where the price or claim's value is NTD1,000,000 or more but less than NTD 5,000,00; NTD 3,000 where the price or claim's value is NTD 5,000,000 or more but less than NTD 10,000,000; NTD 5,000 where the price or claim's value is NTD 10,000,000 or more. No filing fees will be taxed on a motion for mediation of disputes over non-proprietary rights.
In cases where an action is initiated within thirty days following an unsuccessful mediation, the party moving for mediation may have the filing fees paid for that motion deducted from the court cost to be paid.
Article 77-21
In cases where a motion for issuance of a payment order is deemed to be the initiation of an action or a motion for mediation in accordance with the provision of the first paragraph of Article 519, the court costs or filing fees shall be taxed in full in accordance with the provisions of Article 77-13 or Article 77-20.
In such cases, the party moving for issuance of a payment order may have the filing fees that were paid for that motion deducted from the court costs or filing fees to be paid in accordance with the provision of the preceding paragraph.
Article 77-22
The appointed party who initiated an action in accordance with the provision of Article 44-2 may temporarily be exempted from paying the portion of the court costs more than NTD600,000 if the amount of court costs collected is more than NTD600,000.
Court costs may be temporarily exempted from the collection on an action initiated in accordance with the provision of Article 44-3.
After the action is concluded, the court of first instance shall make a ruling on its own initiative to collect court costs, which were temporarily exempted in accordance with the preceding two paragraphs or other regulations, from the party who should bear such costs. However, this does not apply if the legal person or foundation, as stipulated in Article 44-3, shall bear the litigation expenses or if other laws provide otherwise.
Article 77-23
(1) The Judicial Yuan shall prescribe the items and rates of collectible fees for photocopies, video recording, transcripts, translation of litigation documents, daily fees, travel expenses of witnesses and expert witnesses, and other necessary fees anddisbursements.
(2) Fees for transportation, posting on the court's website, publication in official gazettes, newspapers and compensation of expert witness as assessed by the court, shall be calculated according to the actual cost.
(3) Advance payments for the fees and disbursements received from the parties, as referred to in the two preceding paragraphs, shall be applied exclusively to the specific case for the items of designated fees, and shall be collected and disbursed by the court. The excess amount shall be returned to the payer at the end of the legal action.
(4) Fees for service effected by mail or telecommunication, and fees for meals, accommodation and transportation as incurred by the judge, court clerk, executive officer, and interpreter for conducting acts of litigation outside the courtroom shall not be collected additionally.
Article 77-24
Litigation expenses shall include fees incurred by a party to the action, by the statutory agent or by any other person who duly conducts acts of litigation on behalf of a party to the action for appearing at a court session to make statements, whether such appearance is ordered by the court or for purposes of conducting the examination of parties.
The fees provided in the preceding paragraph shall apply mutatis mutandis in accordance with the provisions applicable to the taxation of daily fees and travel expenses incurred by witnesses.
Article 77-25
When the court or the presiding judge has duly appointed an attorney to act as the special representative or advocate for a party, the compensation to be paid to such appointed attorney shall be determined at the discretion of the court.
Both the compensation provided in the preceding paragraph and the compensation provided in the first paragraph of Article 466-3 shall be included as part of litigation expenses. The Judicial Yuan shall prescribe the payment rates of such compensation, taking into consideration the opinions of the Ministry of Justice and the Taiwan Bar Association.
The court shall, at its discretion, determine the amount of compensation to the appointed attorney as prescribed in the preceding paragraph when making a final and binding judgment. If an action concludes without a judgment, the court shall, at its discretion, determine the amount of compensation with a ruling on motion.
An interlocutory appeal may be taken against a ruling to determine the amount of compensation to an appointed attorney, but no re-appeal is allowed.
Article 77-26
In cases of excessive collection of litigation expenses, the court shall, by ruling on a motion or on its own initiative, return the excess amount collected.
The motion provided in the preceding paragraph must be filed within three months either afterthe entry of a final and binding decision or after the conclusion of the action.
If the court fees were paid as a result of a recording error in the writing of a court notice, or other such similar conditions, the said court fees may be returned on motions within five years from the date of payment, and the court must make a ruling on its own initiative to return such fees.
Article 77-27
When necessary, each High Court may propose to the Judicial Yuan approval of additional taxation of court costs. Notwithstanding, the additional amount to be taxed must not exceed five tenths of the original taxed amount.