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 Michigan, court costs refer to the fees associated with filing legal documents and other expenses directly related to the processing of a case. These costs can include filing fees, fees for serving documents, and other administrative expenses. Under Michigan law, the prevailing party in a lawsuit is often entitled to recover court costs from the losing party. This is in line with the principle that the party who prevails should not be out of pocket for the costs associated with bringing or defending a legitimate action. However, it's important to note that court costs do not encompass attorney fees or expert witness fees, which are generally not recoverable unless there is a specific statutory provision or contractual agreement that allows for their recovery. The Michigan Court Rules provide guidance on what costs are recoverable, and these rules are applied in both state and federal courts located in Michigan. The recovery of deposition and transcription costs as part of taxable costs is also subject to these rules and the discretion of the court.