Advance costs paid upon filing shall be the minimum costs in a case.
Rule 36.12.Advance Costs–Civil
Rule 36. FILING AND PROCESSING · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceSets the advance costs paid at the time a civil case is filed as the minimum costs that will be charged in that case, establishing a floor below which the fees collected at the outset cannot fall as the litigation moves forward.
Full Text of Rule 36.12
Plain-English Summary
Rule 36.12 is a one-line rule with a specific accounting function: whatever advance costs a party pays when filing a civil case becomes the floor for costs in that case. The amount collected at filing is not a rough estimate that might later be refunded down to a lower actual figure — it is treated as the minimum.
Court costs can include filing fees, service fees, and other charges that accumulate as a case moves forward. By fixing the advance payment as a minimum, the rule gives clerks a clear baseline for cost accounting and avoids disputes over whether a party is owed money back because a case resolved with fewer costs incurred than anticipated.
This provision works alongside Rule 36.10’s requirement that a complaint be filed with the proper fee, and it parallels Rule 36.15’s minimum cost assessment on the criminal side — together they establish that Rule 36 treats advance and assessed costs as floors rather than estimates that can be adjusted downward.
Frequently Asked Questions
What does Rule 36.12 say about advance costs paid at filing?
Advance costs paid upon filing are treated as the minimum costs in the case.
Can the advance costs paid at filing later be reduced?
The rule sets those advance costs as the minimum for the case, meaning they establish a floor rather than a refundable estimate.
Does Rule 36.12 apply to criminal cases?
No, the rule is titled “Advance Costs–Civil” and applies to civil filings.
When are advance costs paid under this rule?
They are paid upon filing.
How does Rule 36.12 relate to the filing fee required by Rule 36.10?
Rule 36.10 requires the proper filing fee to accompany a complaint or petition, and Rule 36.12 establishes that the advance costs paid at that point serve as the minimum costs in the case.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: Georgia advance court costs civil ruleUSCR 36.12 minimum costs civil caseadvance costs paid at filing Georgia superior courtminimum civil filing costs rulesuperior court advance cost requirement