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 Minnesota, court costs encompass a variety of fees associated with the use of the court system, including filing fees for initiating a lawsuit and other procedural actions. These costs are typically required to be paid upfront by the party bringing forth the action. Under Minnesota law, the prevailing party in a lawsuit may be entitled to recover court costs from the losing party. This is governed by Minnesota Statutes and the Minnesota Rules of Civil Procedure, which outline the types of costs that can be recovered, such as filing fees, service of process fees, and fees for court-ordered transcripts. However, court costs do not include attorney fees or expert witness fees unless a statute or contract specifically provides for their recovery. The decision to award costs is at the discretion of the court, and the specific amounts and types of costs that can be taxed against the losing party are detailed in the relevant statutes and rules.