Also known as:taxable cost · costs · taxable expenses
Written by attorneys · grounded in primary & secondary sources — see below
Litigation expenses that a prevailing party may recover from the losing party under applicable procedural rules or statutes. These expenses are limited to designated items such as filing fees and certain transcript costs and are taxed by the clerk rather than proved as damages at trial.
Sources & Authorities· 40 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Foreclosure Surplus Calculation
Thomas Thompson defaulted on a mortgage held by Threshold Capital. At the foreclosure sale the property brought more than the debt. After subtracting the costs of the proceeding the surplus was paid first to junior lienholders and then to Thomas.
Deposition Recording Expense
Tracy Torres noticed a deposition in a contract dispute and specified stenographic recording in the notice. The court later taxed the stenographer's fees as taxable costs against the losing party while allowing any party to arrange its own transcript at its own expense.
Contingent Cost Advance
Travis Tate's lawyer advanced filing fees and service costs in a personal-injury action under a contingent-fee agreement. After settlement the lawyer recovered the advances from the client's portion of the proceeds in accordance with the fee agreement.
Tara Tran brought a successful derivative action on behalf of True North Logistics. The court awarded her reasonable expenses from the company's recovery and directed that the remainder be paid to the company.
Vexatious Modification Action
Theresa Tucker sought to modify a custody decree. The court found the action vexatious and assessed costs and attorney's fees against her under the governing statute.
Trust Administration Expense
Travis Tate's revocable trust became irrevocable at his death. Because the probate estate was insufficient the court charged the trust property with the costs of estate administration before any distribution to beneficiaries.
Common questions
Frequently Asked
3
Are attorney's fees included among taxable costs?+
No. Taxable costs are limited to designated out-of-pocket litigation expenses such as filing fees and certain transcripts. Attorney's fees and related nontaxable expenses require a separate postjudgment motion and are not taxed by the clerk as ordinary costs.
Who decides the amount of taxable costs?+
The clerk taxes costs on fourteen days' notice. A party may move for court review within seven days after the clerk's action.
Can taxable costs be awarded against the United States?+
Yes, but only to the extent permitted by law. The general rule allowing costs to the prevailing party applies to the United States only within statutory limits.
326 U.S. at 101, 110–11Civil Procedure
…shall, subject to the applicable provisions of law, have all the rights of a party and the liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the constitutionality of such Act." That provision extends to this Court. § 5. If defendant had applied…