Legal Definitions - dives costs

Dives costs refer to the standard court costs that a successful party in a lawsuit is typically awarded by the court. These costs cover the ordinary and routine expenses associated with litigation, such as court filing fees, fees for serving legal documents on the opposing party, and certain witness fees.

The term distinguishes these ordinary costs from the more limited expenses that might be awarded to a successful party who was granted permission to sue or defend in forma pauperis (meaning "in the character or manner of a pauper," due to their inability to afford legal costs). Essentially, if a party can afford to pay their own way through court and wins their case, they are generally eligible to recover these standard "dives costs" from the losing side.

• Example 1: Business Contract Dispute

  A small software development firm, "CodeCraft Inc.," sues a larger technology company, "MegaCorp," for breach of a service contract, alleging that MegaCorp failed to pay for custom software delivered. After a trial, the court rules in favor of CodeCraft Inc., finding MegaCorp liable for the breach.

  In this scenario, the court would likely order MegaCorp to pay CodeCraft Inc. not only the damages for the unpaid work but also "dives costs." These costs would encompass CodeCraft Inc.'s court filing fees, the expenses for officially serving legal documents on MegaCorp, and potentially certain fees for expert witnesses whose testimony was crucial to the case. This award signifies that CodeCraft Inc., as the successful party capable of funding its litigation, is entitled to recover these standard expenses from the losing party.

• Example 2: Property Boundary Lawsuit

  Mr. Henderson initiates a lawsuit against his neighbor, Ms. Rodriguez, to resolve a long-standing dispute over the precise boundary line between their two properties. Mr. Henderson presents survey evidence and historical deeds to support his claim.

  If the court ultimately rules in favor of Mr. Henderson, confirming his interpretation of the property line, he would be awarded "dives costs." This means Ms. Rodriguez would be required to reimburse Mr. Henderson for the standard expenses he incurred in bringing the case, such as the fees for filing the lawsuit, the cost of officially notifying Ms. Rodriguez of the legal action, and potentially the fees for a court-appointed surveyor if that was deemed an ordinary cost of the action. This ensures the winning party, who was able to finance their legal action, is compensated for these routine expenses.

• Example 3: Successful Defense Against a Frivolous Claim

  Dr. Anya Sharma, a medical researcher, is sued by a former colleague, Dr. Ben Carter, who falsely alleges that Dr. Sharma plagiarized his research. Dr. Sharma hires legal counsel to vigorously defend herself against these unfounded accusations.

  After reviewing the evidence, the court finds Dr. Carter's claims to be entirely without merit and dismisses the lawsuit in favor of Dr. Sharma. Since Dr. Sharma successfully defended herself and was not proceeding as an indigent party, the court may award her "dives costs." This would require Dr. Carter to pay Dr. Sharma for her standard litigation expenses, such as the fees for filing her defense documents, the cost of issuing subpoenas for witnesses, and other routine court-related expenditures. This illustrates that "dives costs" apply to any successful party, whether they are the plaintiff or the defendant, provided they are not proceeding under special provisions for indigent litigants.