Legal Definitions - court costs

Court costs refer to the administrative fees and expenses associated with using the legal system to resolve a dispute or prosecute a crime. These costs are distinct from attorneys' fees and are designed to help cover the operational expenses of the courts.

These costs can include a variety of charges, such as:

• The initial fee to file a lawsuit or other legal documents with the court.
• Fees for officially delivering legal papers (like a summons, complaint, or subpoena) to the relevant parties involved in a case.
• Charges for a court reporter to transcribe spoken testimony during depositions (out-of-court sworn testimony) or actual trial proceedings.
• Expenses for copying documents and evidence that are submitted to the court.
• Small daily payments made to jurors for their service during a trial.
• Fees for certain administrative services provided by court clerks or marshals.

In civil cases (disputes between individuals or organizations), the party that wins the case (known as the "prevailing party") is typically entitled to have the losing party reimburse them for their court costs. However, a judge has the final say and may consider specific laws or existing agreements between the parties when making this decision. The prevailing party must usually provide an itemized list of these expenses for the judge's approval.

In criminal cases, if a person is convicted of a crime, they are usually required to pay court costs. These payments help offset the government's expenses in prosecuting the case and are not intended as additional punishment. In many jurisdictions, these collected funds can also contribute to funding programs like victim compensation or legal aid for those who cannot afford it.

It's crucial to understand that in the United States, court costs generally do not include attorneys' fees. This is known as the "American Rule," meaning each party typically pays for their own lawyer, regardless of who wins, unless a specific law or contract states otherwise. Attorneys' fees are often the most significant expense in legal proceedings.

The specific items considered "court costs" can vary significantly depending on the jurisdiction (state or federal) and the type of case. Ultimately, a judge makes the final determination when there are disagreements about which costs are recoverable.

Examples:

• Civil Case - Business Dispute:

  Imagine a software company, "CodeFlow Inc.," sues a former employee for violating a non-compete agreement. CodeFlow Inc. wins the lawsuit, and the court rules in their favor.

  As the prevailing party, CodeFlow Inc. can ask the court to order the former employee to reimburse them for court costs. These might include the initial fee CodeFlow Inc. paid to file the lawsuit, the expense of having the legal papers officially delivered to the former employee, and the fees for the court reporter who transcribed testimony during pre-trial depositions. CodeFlow Inc. would submit a detailed list of these expenses to the judge. However, CodeFlow Inc. would still be responsible for paying its own lawyers, as attorneys' fees are typically separate from court costs under the "American Rule."

• Criminal Case - Traffic Offense:

  Consider a scenario where Ms. Elena Rodriguez is found guilty of a serious speeding violation that resulted in a court appearance.

  In addition to any fines or points on her driving record, Ms. Rodriguez will likely be ordered to pay court costs. These costs might cover a portion of the administrative expenses associated with her case, such as processing fees, the time spent by court clerks, and potentially a contribution to a state fund that supports traffic safety initiatives, as permitted by local statutes. These costs are not meant as an additional penalty but rather to help the state recover some of the operational expenses incurred due to the legal proceedings.

• Civil Case - Property Damage Settlement:

  Suppose Mr. David Lee's fence was damaged by a neighbor's falling tree, and he files a small claims court case to recover repair costs. Before the trial, the neighbors agree to a settlement where they will pay for the fence repair and also cover Mr. Lee's "reasonable court costs."

  In this situation, the settlement agreement explicitly dictates that the neighbors will pay Mr. Lee's court costs. These costs could include the fee Mr. Lee paid to file his small claims case and the expense of officially notifying his neighbors about the lawsuit. Because the settlement agreement specified it, Mr. Lee can recover these particular court costs. However, since he represented himself and didn't hire a lawyer, there would be no attorney's fees involved in his case. If he had hired a lawyer, those fees would generally not be recoverable unless specifically agreed upon in the settlement or allowed by a specific statute.