§ 403.060.Reclassification Fee
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 2. Reclassification of Civil Actions and Proceedings · Last amended 2006 · Last verified July 28, 2026
Full Text of § 403.060
Plain-English Summary
Moving a case between the limited and unlimited civil tracks isn’t free, except when it moves in the direction that lowers the stakes. Section 403.060 sets out who pays what when a case gets reclassified, and what happens if nobody pays.
Reclassifying a case upward, from limited to unlimited, costs a fee set under the Government Code, charged in addition to whatever the party already paid for filing or appearing in the limited case. Nobody pays again for fees already covered before reclassification; only the additional amount tied to the higher-stakes unlimited track comes due. Going the other direction costs nothing extra: reclassifying a case downward, from unlimited to limited, carries no separate reclassification fee, though the party filing the pleading that reclassifies the case pays the ordinary limited-case fees at that point, without a refund of anything already paid under the unlimited case’s higher fee schedule.
The fee requirement has teeth. If a party files an amended complaint, a cross-complaint, or a stipulation meant to reclassify a case under Sections 403.020, 403.030, or 403.050, and doesn’t pay the fee that reclassification calls for, the clerk won’t reclassify the case. The lawsuit stays exactly where it was, proceeding as a limited civil case, until the fee gets paid.
Frequently Asked Questions
How much does it cost to reclassify a case from limited to unlimited civil?
A fee set under the Government Code, charged in addition to any fees already paid before reclassification. No additional amount is charged for appearance or filing fees paid before the case was reclassified.
Is there a fee to reclassify a case from unlimited civil down to limited civil?
No separate reclassification fee applies. The party filing the pleading that reclassifies the case instead pays the ordinary fees charged in a limited civil case going forward.
What happens if I don’t pay the required reclassification fee?
The clerk won’t reclassify the case. It stays and proceeds as a limited civil case until the fee is paid.
Can I get a refund of fees I already paid if my case is reclassified from unlimited to limited?
No. Section 403.060 doesn’t provide a refund of the difference between fees already paid in the unlimited case and the lower fees due in a limited case.
Amendment History
Amended by Stats 2005 ch 75 (AB 145),s 29, eff. 7/19/2005, op. 1/1/2006 Added by Stats 2001 ch 824 (AB 1700), s 8, eff. 1/1/2002.