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Federal Circuit Rules Government’s PACER Fees Are Too High

Posted Aug 27, 2020

The U.S. Court of Appeals for the Federal Circuit has affirmed a lower court’s decision that the government charges too much for access to electronic court records through the Public Access to Court Records (PACER) database. Also, the court found the government was in violation of federal law when it spent $192 million of PACER fees on court technology projects. Fees for downloading a copy of a filing run 10 cents per page, up to $3 per document. It is anticipated the fees will go down but will not be free. The Federal Circuit adopted limitations that PACER fees may only be used to cover expenses incurred in providing access and to store information in the docketing system. The Justice Department has not commented on whether it will appeal the decision. See Bloomberg Law, Federal News NetworkCourthouse News Service.