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 South Carolina, 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. South Carolina law, similar to other jurisdictions, allows for the prevailing party in a lawsuit to potentially recover court costs from the losing party. This does not include attorney fees or expert witness fees, which are generally not considered recoverable court costs unless a statute or contract specifically provides for their recovery. The specific costs that can be recovered and the procedures for doing so are outlined in the South Carolina Rules of Civil Procedure and relevant state statutes. For example, Rule 54(d) of the South Carolina Rules of Civil Procedure addresses the awarding of costs, and Section 8-21-310 of the South Carolina Code lists the fees allowed for various court services. It is important for parties involved in litigation to understand which costs may be recoverable, as this can impact the overall financial outcome of the case.