Wednesday, January 20, 2010

In most civil cases, who has to pay court costs?

in the US (federal or state) to file a civil case the claimant must pay the cost, to file and have the papers served, up front with the court.


the claimant seeks damages as well as restitution of those ';up-front'; cost when they file.


if the claimant wins then the respondent pays if the case is not won then the claimant is out of luck.


if the respondent has filed a counter-suit and wins the claimant can easily end up with the cost of their suit as well as the counter-suit.In most civil cases, who has to pay court costs?
In many common-law jurisdictions (England, Wales, Australia to name a few) Costs are almost always awarded to the party who has a judgement in their favour. However, with appeals it can be complicated. For example if a plaintiff appeals a decision that was in their favour (because the damages were too low) and fails in their appeal, the court may not award costs for their appeal. So even though the plainttiff may have been awarded costs in the original case they may pay the costs for the appeal.





The court can also sometimes reduce costs if the winning party was responsible for wasted costs by being late or not showing up or otherwise unreasonably wasting the courts time.In most civil cases, who has to pay court costs?
This depends on what kind of government you are talking about.





In US Civil law, each person pays their own court and lawyer fees, unless it was included in the law suit. The US has no ';loser pays'; system like some other countries do.
Usually the person who loses the case will be asked to pay the costs, but the judgement should contain this stipulation !!
Usually it's whoever loses the case. Otherwise it's whoever makes the most money.

No comments:

Post a Comment