Court costs — in plain language

Plain language

the fees you pay for using the court system — like filing your case, serving papers on the other side, paying for court reporters, and copying documents

• court fees
• filing and administrative fees
• litigation expenses
• court filing fees

What to watch for

• Court costs are not the same as attorney fees. Non-lawyers often lump them together, but court costs are specifically the fees paid to the court system itself, while attorney fees are what you pay your lawyer.
• The losing party doesn't automatically pay the winner's court costs in most U.S. courts. Many people assume this is automatic, but it depends on the type of case and local rules.
• Court costs are typically owed regardless of who wins or loses. Both parties usually pay their own costs as the case progresses, which surprises people who expect the loser to pay everything.
• Some contracts include clauses shifting court costs to the other party, but these are not automatic — they must be written into the agreement. A plain-language translation should make clear when such a clause applies.

What's Included vs. Excluded. Court costs cover administrative and operational fees charged by the court itself — filing fees, service fees, transcription fees, copying charges. They do not include attorney fees, expert witness fees, or other professional services. When translating, be specific about what the costs cover based on the context.

Who Pays What. In most U.S. jurisdictions, each party pays their own court costs as the case proceeds. However, some contracts include "cost shifting" clauses that make one party responsible for the other's costs. Additionally, certain types of cases (like some contract disputes) may have rules about the loser paying the winner's costs. The translation should reflect the specific arrangement in the document.

Common Misunderstandings by Non-Lawyers.

• "The loser always pays all the court costs." (Not true in most U.S. courts — each side typically pays their own costs unless there's a specific rule or contract clause.)
• "Court costs and lawyer fees are the same thing." (No — court costs are what you pay the court; lawyer fees are what you pay your attorney.)
• "I don't have to pay court costs if I win." (Usually wrong — court costs are typically owed regardless of outcome, though you might get them back from the other side if you win and there's a cost-shifting rule.)

Legal definition

The fees you pay for using the court system when you file a lawsuit or other legal case. These include the initial filing fee to start your case, fees to serve papers on the other side, charges for court reporters who transcribe testimony, copying costs for documents, and sometimes jury fees if a jury is involved. Both sides usually pay their own court costs as the case moves forward, though some contracts or court rules may shift these costs to the losing party.

Examples

Where you'll see it

• civil litigation
• contract disputes
• debt collection
• landlord-tenant cases
• small claims court

Related terms

• attorney fees
• litigation costs
• cost shifting
• fee shifting
• expert fees
• discovery costs

Word details

Pronunciation

kohrt kosts

Part of speech

noun

Origin

English — court (from Old French 'cort') + costs (from Latin 'constare' meaning 'to stand together, to cost')

Domains

civil remedies / relief sought, cost shifting and fee shifting, civil procedure, litigation

Frequency

common

Formality

moderate