Court costs are generally the fees required to be paid to courts and their officers and are often included in filing fees—fees that must be paid when a litigant files a document with the court, such as a plaintiff’s complaint or petition, or a defendant’s counterclaim. Court costs are often assessed against the losing party in a lawsuit, and the winning or prevailing party is said to be entitled to recover costs of court. Other costs, such as deposition costs for the court reporter and transcription costs may be recoverable by a prevailing party under the broader concept of recoverable costs or taxable costs—in other words, costs that may be taxed against the losing party. Court costs generally do not include attorney fees or expert fees. The specific costs that may be recovered in litigation are often specified in the rules of civil procedure for the relevant state or federal jurisdiction.
In California, court costs encompass a variety of fees associated with the use of the court system, including filing fees, motion fees, and fees for jury services, among others. These costs are typically required to be paid when a party files a document with the court, such as initiating a lawsuit or responding to one. Under California law, the prevailing party in a lawsuit is generally entitled to recover allowable court costs from the losing party. This is outlined in the California Code of Civil Procedure (CCP), particularly in sections 1032 and 1033.5, which detail the types of costs that can be recovered, such as filing fees, fees for jurors, and fees for service of process. Costs for deposition transcripts and court reporter fees are also included under recoverable costs. However, attorney fees and expert witness fees are not considered court costs and are recoverable only if a statute or contract provides for their recovery. The specific rules and limitations on recoverable costs are detailed in the CCP and are subject to the discretion of the court.