We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Award of Costs to Prevailing Party in Legal Cases
Definition & Meaning
The term "award of costs to prevailing party" refers to the legal principle that allows a court to grant costs to the party that wins a lawsuit. According to the Federal Rules of Civil Procedure, prevailing parties are generally entitled to recover certain costs incurred during litigation, excluding attorneys' fees, unless specified otherwise by law or court order. In some cases, courts may also award attorneys' fees to the prevailing party.
Table of content
Legal Use & context
This term is primarily used in civil litigation, where a party wins a case and seeks reimbursement for expenses related to the legal process. It is relevant in various legal areas, including contract disputes, personal injury claims, and other civil matters. Users can manage their own legal processes by utilizing resources like US Legal Forms, which provide templates and forms tailored for these situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a civil lawsuit regarding a breach of contract, the plaintiff wins the case. The court awards them costs for filing fees and witness expenses, as these were necessary for the litigation.
Example 2: (hypothetical example) A defendant in a personal injury case prevails and requests reimbursement for costs related to expert witness fees. The court reviews the request to determine if the costs were reasonable and necessary.
Relevant laws & statutes
The primary legal reference for the award of costs to prevailing parties is found in the Federal Rules of Civil Procedure, specifically Rule 54(d). This rule outlines the general entitlement to costs and the conditions under which they may be awarded.
State-by-state differences
State
Notes
California
Allows for recovery of costs, including certain attorney's fees in specific cases.
Texas
Generally follows the federal standard but has specific statutes that may affect costs.
New York
Has its own rules regarding the types of costs that can be awarded, which may differ from federal rules.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Costs
Expenses incurred during litigation, excluding attorney's fees.
Award of costs specifically refers to reimbursement granted to the winning party.
Attorney's Fees
Fees charged by a lawyer for their services.
Attorney's fees are not automatically included in the award of costs unless specified.
Common misunderstandings
What to do if this term applies to you
If you believe you are entitled to an award of costs after winning a case, consider the following steps:
Review the costs you incurred during litigation to ensure they are reasonable and necessary.
File a motion with the court to request the award of costs, providing documentation of your expenses.
Consult with a legal professional if you are unsure about the process or if your case is complex.
Explore US Legal Forms for templates that can assist you in filing your motion.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.