28 U.S.C. § 1912
Section 1912 · Damages and costs on affirmance
Amended 1 time on record
Applied in 763 court decisions — leading case Chambers v. Nasco, Inc. (1991)
Most recently applied in Hussein Naji v. City of Dearborn, Mich. (October 2024)
Applied most in the Ninth Circuit Circuit (256 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1291 · 26 U.S.C. § 6673 · 28 U.S.C. § 1927
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Where a judgment is affirmed by the Supreme Court or a court of appeals, the court in its discretion may adjudge to the prevailing party just damages for his delay, and single or double costs.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §878, and section 1141(c)(4) of title 26 U.S.C., 1940 ed., Internal Revenue Code (R.S. §1010; Mar. 3, 1911, ch. 231, §§117, 289, 36 Stat. 1131, 1167; Feb. 10, 1939, ch. 2, §1141(c)(4), 53 Stat. 165).
Section consolidates section 878 of title 28 with section 1141(c)(4) of title 26, both U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.
Words “prevailing party” were substituted for “the respondents in error,” contained in said section 878 of title 28, since writs of error have been abolished.
Senate Revision Amendment
By Senate amendment, all provisions relating to the Tax Court were eliminated. Therefore, section 1141(c)(4) of Title 26, U.S.C., Internal Revenue Code, was not one of the sources of this section as finally enacted. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559.
Rules of the Supreme Court
Interest and damages, see rule 42, Appendix to this title.
Cross References
Damages and costs in Courts of Appeals, see rules of the various Courts of Appeals.