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 Illinois, court costs encompass various fees associated with the use of the court system, including filing fees that are paid when a party submits documents such as complaints, petitions, or counterclaims. These costs are typically required to be paid upfront by the party initiating the legal action. Under Illinois law, the prevailing party in a lawsuit may be entitled to recover court costs from the losing party. This can include not only the initial filing fees but also other expenses deemed recoverable or taxable costs, such as deposition and transcription fees. However, attorney fees and expert witness fees are generally not included in court costs unless a statute or contract specifically provides for their recovery. The Illinois Code of Civil Procedure and applicable local court rules outline the specific costs that can be recovered and the process for doing so. It's important to note that the ability to recover these costs can be subject to the discretion of the court and the specifics of each case.