Legal Definitions - costs of the day

Costs of the day refers to specific expenses that a court orders one party in a lawsuit to pay to another party. These costs are typically awarded when one party's actions, often a last-minute change, a procedural error, or a failure to comply with a court order, cause the other party to incur unnecessary expenses for a particular court hearing or scheduled event on that specific day. It serves as a way to compensate the innocent party for wasted time, legal fees, other direct expenses, and inconvenience caused by the disruption.

• Scenario 1: Last-Minute Adjournment

  Imagine a situation where a trial is scheduled to begin, and the plaintiff's legal team, witnesses, and expert consultants have all prepared and arrived at court. However, at the last minute, the defendant requests and is granted an adjournment because their key witness suddenly became unavailable due to a non-emergency reason that could have been anticipated. The court might order the defendant to pay the costs of the day to the plaintiff. This would cover expenses like the plaintiff's lawyer's fees for the wasted court day, the travel costs for their witnesses, and any fees paid to expert consultants who were ready to testify but couldn't.

• Scenario 2: Unprepared for a Hearing

  Consider a hearing scheduled to discuss the disclosure of specific financial documents in a business dispute. The court had previously ordered both parties to exchange these documents by a certain date. On the day of the hearing, one party admits they have not yet gathered or provided the required documents, making the scheduled discussion impossible and forcing the judge to reschedule. The other party, who had diligently prepared and brought their legal team to court ready to proceed, could ask the court to award them the costs of the day. These costs would compensate them for the legal fees incurred for preparing for and attending a hearing that became unproductive due to the other party's non-compliance.

• Scenario 3: Procedural Error Leading to Delay

  In a family law case, a lawyer for one parent files a motion seeking a change in custody arrangements. However, they make a significant procedural error in their filing, such as failing to properly notify the other parent or submitting incomplete paperwork, which violates court rules. When the matter comes before the judge for a scheduled hearing, the judge cannot proceed with the motion due to the error and must postpone it to a later date. The other parent, who had taken time off work and paid their lawyer to prepare for and attend the hearing, could be awarded the costs of the day. This would cover their direct expenses and legal fees for the wasted court appearance caused by the opposing counsel's procedural mistake.