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 New Jersey, court costs encompass various fees associated with the use of the court system, including filing fees required when a party submits documents such as complaints, petitions, or counterclaims. These costs are typically paid upfront by the party initiating the legal action. Under New Jersey law, the prevailing party in a lawsuit may be entitled to recover court costs from the losing party. This can include fees for filing, service of process, and certain trial expenses. However, court costs do not cover attorney fees or expert witness fees unless a statute or contract specifically provides for such recovery. The rules for recoverable costs are outlined in the New Jersey Court Rules, particularly Rule 4:42-8, which governs the taxation of costs. It is important to note that the ability to recover costs and the types of costs that can be recovered may vary depending on the specific circumstances of the case and the discretion of the court.