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 Kentucky, court costs refer to the various fees associated with using the court system, which can include filing fees, fees for serving documents, and other administrative expenses. These costs are typically required to be paid upfront by the party initiating the legal action. Under Kentucky law, the prevailing party in a lawsuit may be entitled to recover court costs from the losing party. This is governed by the Kentucky Revised Statutes (KRS) and the Kentucky Rules of Civil Procedure. The specific costs that can be recovered are outlined in these rules and statutes, and they generally cover necessary and reasonable expenses directly related to the litigation, such as filing fees and fees for service of process. However, court costs do not encompass attorney fees or expert witness fees unless a statute or contract specifically provides for their recovery. It's important to note that the ability to recover court costs is subject to the discretion of the court and may depend on the particular circumstances of the case.