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 Colorado, 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, submitting motions, and other procedural steps. Under Colorado law, the prevailing party in a lawsuit is often entitled to recover court costs from the losing party. This is based on the principle that the winning party should not be penalized with the financial burden of the litigation process. However, it's important to note that court costs typically do not cover attorney fees or expert witness fees unless there is a specific statutory provision or contract that allows for such recovery. The specific costs that can be recovered and the process for doing so are detailed in the Colorado Rules of Civil Procedure and other relevant statutes. For example, costs for depositions, court reporter fees, and transcription costs may be included as recoverable costs, also known as taxable costs, which can be charged against the losing party. The exact costs that can be recovered and the procedure for claiming them can vary depending on the particular circumstances of the case and the court's discretion.