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 West Virginia (WV), court costs encompass various fees that are payable to the court and its officers, which include filing fees incurred when a party submits documents such as complaints, petitions, or counterclaims. These costs are typically assigned to the losing party as part of the judgment. The prevailing party in a lawsuit is often entitled to recover these costs from the losing party. This recovery may extend to certain litigation expenses like deposition and transcription fees, which fall under the category of recoverable or taxable costs. However, attorney fees and expert witness fees are not included in court costs. The specific expenses that can be recovered by the prevailing party are detailed in the West Virginia Rules of Civil Procedure and other applicable state statutes. It's important to note that the ability to recover these costs may be subject to limitations and conditions set forth by state law.