Business, Legal & Accounting Glossary
n. fees for expenses that the courts pass on to attorneys, who then pass them on to their clients or to the losing party. Court costs usually include: filing fees, charges for serving summons and subpenas, court reporter charges for depositions (which can be very expensive), court transcripts and copying papers and exhibits. The prevailing party in a lawsuit is usually awarded court costs. Attorneys’ fees can be included as court costs only if there is a statute providing for attorneys’ fee awards in a particular type of case, or if the case involved a contract which had an attorneys’ fee clause (commonly found in promissory notes, mortgages and deeds of trust). If a losing party does not agree with the claimed court costs (included in a filed cost bill) he/she/it may move (ask) the judge to “tax costs” (meaning reduce or disallow the cost), resulting in a hearing at which the court determines which costs to allow and in what amount (how much).
The fees charged for the use of a court, including the initial filing fee, fees for serving the summons, complaint and other court papers, fees to pay a court reporter to transcribe deposition and in-court testimony and, if a jury is involved, to pay the daily stipend of jurors. Often costs to photocopy court papers and exhibits are also included. Court costs must be paid by both parties as the case progresses, but ultimately, the losing party will be responsible for both parties’ costs.
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This glossary post was last updated: 27th April, 2020 | 0 Views.