Dictionary of Law
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court costs :: legal definition


Court costs - n. fees for expenses that the courts pass on to attorneys, who then pass them on to their clients or to the losing party. Court costs usually include: filing fees, charges for serving summons and subpenas, court reporter charges for depositions (which can be very expensive), court transcripts and copying papers and exhibits. The prevailing party in a lawsuit is usually awarded court costs. Attorneys' fees can be included as court costs only if there is a statute providing for attorneys' fee awards in a particular type of case, or if the case involved a contract which had an attorneys' fee clause (commonly found in promissory notes, mortgages and deeds of trust). If a losing party does not agree with the claimed court costs (included in a filed cost bill) he/she/it may move (ask) the judge to "tax costs" (meaning reduce or disallow the cost), resulting in a hearing at which the court determines which costs to allow and in what amount (how much).

See also: cost bill prevailing party and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
community property :: n. property and profits received by a husband and ... and distribution separate property
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
costs :: n. shorthand for court costs. See also: court cost ... court costs. See also: court costs
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

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Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.