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Simple English definitions for legal terms
costs of increase
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A quick definition of costs of increase:
Costs of increase refer to the additional costs awarded by a court on top of what a jury has already awarded. If a party wants to recoup these additional costs, they must file an affidavit of increase that lists the extra costs incurred by taking the matter through trial. This affidavit may include attorney fees and witness payments. A counteraffidavit can be made to contradict and oppose another affidavit. A self-proving affidavit is attached to a will and signed by the testator and witnesses to certify that the statutory requirements of due execution of the will have been complied with.A more thorough explanation:
Definition: Costs of court awarded in addition to what a jury awards. Juries usually awarded the successful party only a small sum for costs. A party wishing to recoup the additional costs had to file an affidavit of increase setting forth what further costs were incurred by taking the matter through trial.
Example: If a plaintiff wins a case and is awarded damages, they may also be entitled to additional costs such as attorney fees, witness payments, and other expenses incurred during the trial. To recoup these costs, the plaintiff would need to file an affidavit of increase.
Explanation: The example illustrates how costs of increase are additional costs awarded to the successful party in a court case. These costs are not automatically included in the jury's award and must be claimed through an affidavit of increase.