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 Massachusetts, court costs encompass a variety of fees associated with the use of the court system. These can include filing fees, which are required when a party submits documents like complaints, petitions, or counterclaims. Massachusetts law allows for the prevailing party in a lawsuit to potentially recover 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 specifically provided for by statute or contract. The specific costs that can be recovered, such as deposition and transcription fees, are detailed in the Massachusetts Rules of Civil Procedure and other relevant statutes. The rules and statutes define 'taxable costs' that the court may order the losing party to pay. It's essential for parties involved in litigation to understand which costs are recoverable, as this can significantly affect the financial outcome of a case.