Court costs
Encyclopedia
Court costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit
in addition to the costs of the court itself. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case. Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be 'awarded' to one or both parties in a lawsuit, or they may be waived.
In both Australia
and Canada
, the losing side is ordered to pay the winning side's costs. This acts as a significant disincentive to bringing forward court cases. Usually, the winning party is not able to recover from the losing party the full amount of his or her own solicitor's (attorney's) costs, and has to pay the shortfall out of his or her own pocket. The loser pays principle does not apply to the United States
legal system, although a separate system does operate there.
A docket fee is an amounted collected by a court for placing a case on its docket or calendar. These are allowable as "attorneys fees" under a federal statute. In United States Federal courts, docket fees are specified under 28 USC 1923 (TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE PART V-CHAPTER 123—FEES AND COSTS Sec. 1923. Docket fees and costs of briefs):
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
in addition to the costs of the court itself. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case. Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be 'awarded' to one or both parties in a lawsuit, or they may be waived.
In both Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the losing side is ordered to pay the winning side's costs. This acts as a significant disincentive to bringing forward court cases. Usually, the winning party is not able to recover from the losing party the full amount of his or her own solicitor's (attorney's) costs, and has to pay the shortfall out of his or her own pocket. The loser pays principle does not apply to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legal system, although a separate system does operate there.
A docket fee is an amounted collected by a court for placing a case on its docket or calendar. These are allowable as "attorneys fees" under a federal statute. In United States Federal courts, docket fees are specified under 28 USC 1923 (TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE PART V-CHAPTER 123—FEES AND COSTS Sec. 1923. Docket fees and costs of briefs):