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 Delaware, court costs encompass various fees associated with the use of the court system, including filing fees that litigants must pay when submitting documents to the court. These costs can include fees for filing a lawsuit, motions, and other court-related documents. Delaware law allows for the prevailing party in a lawsuit to potentially recover these court costs from the losing party. This is in line with the general principle that the winning party is entitled to recover costs of court. 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 allowing for such recovery. The rules detailing which costs may be taxed against the losing party are outlined in the Delaware Court Rules of Civil Procedure. It is also worth mentioning that costs for depositions, court reporters, and transcription may be included under recoverable costs, but this is subject to the discretion of the court and the specific circumstances of the case.