Simple English definitions for legal terms
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Costs are the fees you have to pay when you use a court. This includes things like the initial filing fee, fees for serving papers, and paying for a court reporter. Different places have different rules about what counts as court costs. In civil cases, the losing party usually has to pay the court costs. In criminal cases, the person who is found guilty has to pay the court costs. Sometimes court costs are used to fund programs that help people affected by crime.
Costs refer to the fees that are incurred for using a court, and they are present in both civil and criminal courts of all levels. These fees include:
Most court costs are defined by federal or state statute, although clarification of the standard may be offered by courts when the statutory rule is ambiguous, confusing, or controversial.
For example, Article 102.020 of the Texas Code of Criminal Procedure states that criminals convicted of certain crimes must pay a court cost of $250 to cover the cost of DNA recording. In the civil context, court costs are normally awarded to the prevailing party, meaning that the ‘losing’ party must cover them. Rule 54(d)(1) of the Federal Rules of Civil Procedure allows exceptions to this general rule via statute or court order.
These examples illustrate how court costs can vary depending on the jurisdiction and the type of case. In criminal cases, court costs are meant to facilitate the government’s partial recovery of its expenditures in carrying out a criminal case. In civil cases, court costs are usually awarded to the prevailing party, but exceptions can be made via statute or court order.