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 Alabama, court costs encompass various fees associated with the use of the court system, including filing fees that are paid when a party submits documents to the court. These costs can include fees for filing a lawsuit, motions, and other legal pleadings. Alabama law typically allows the prevailing party in a lawsuit to recover court costs from the losing party. This means that the winning party can request that the court order the losing party to pay for certain expenses incurred during the litigation process. However, it's important to note that court costs do not cover attorney fees or expert witness fees unless there is a specific statutory provision that allows for their recovery. The specific costs that can be recovered and the procedures for doing so are outlined in the Alabama Rules of Civil Procedure and other relevant statutes. For example, deposition and transcription costs may be recoverable as taxable costs if they are necessary and reasonable. The determination of which costs are recoverable and the process for recovering them can be complex, and an attorney can provide guidance on these issues in the context of a particular case.