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 North Dakota, court costs encompass various fees associated with the use of the court system, including filing fees that are paid when a party submits documents like complaints, petitions, or counterclaims. These costs are typically required to be paid upfront by the party initiating the legal action. According to North Dakota Century Code (NDCC) and the North Dakota Rules of Civil Procedure, the prevailing party in a lawsuit is often entitled to recover court costs from the losing party. This can include fees for filing, service of process, and other expenses deemed necessary for the case. However, attorney fees and expert witness fees are generally not included as court costs unless a statute or contract provides otherwise. The specific items that can be taxed as costs and the procedures for doing so are detailed in the state's rules of civil procedure. It's important to note that the ability to recover these costs can be subject to the discretion of the court and may vary depending on the circumstances of the case.