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 Montana, court costs encompass various fees associated with the use of the court system, including filing fees that litigants must pay when submitting documents to the court. These costs can include fees for filing a lawsuit, submitting motions, and other procedural steps. Under Montana law, the prevailing party in a lawsuit is often entitled to recover court costs from the losing party. This is in line with the general principle that the losing party bears the costs of litigation. However, it's important to note that court costs typically do not cover attorney fees or expert witness fees unless a statute or contract provides otherwise. The specific costs that can be recovered and the process for doing so are detailed in the Montana Rules of Civil Procedure and applicable state statutes. For example, deposition and transcription costs may be recoverable as taxable costs. Taxable costs are those expenses that the court may order the losing party to pay. Each case may vary, and the court has discretion in awarding costs, so it is advisable to consult with an attorney for case-specific guidance.