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 Texas, court costs refer to the fees associated with filing legal documents and utilizing court services. These costs can include filing fees for initiating a lawsuit, fees for issuing subpoenas, and other administrative expenses. Under Texas law, the prevailing party in a lawsuit is often entitled to recover court costs from the losing party. This is in line with the principle that the party who wins should be reimbursed for the expenses incurred in the legal process. However, it's important to note that court costs do not encompass attorney fees or expert witness fees, which are generally not recoverable unless a statute or contract provides otherwise. The specific costs that can be recovered and the process for doing so are detailed in the Texas Rules of Civil Procedure and other applicable state statutes. For example, deposition costs for court reporters and transcription costs may be recoverable as taxable costs. Ultimately, the judge has discretion in awarding costs, and the exact recoverable amounts may vary depending on the case and the court's rulings.
