Costs Follow The Event: A Comprehensive Guide to Legal Costs

Q: Can a court deny costs to the winning party?

Yes, courts have the discretion to deny costs for various reasons, even if a party is successful.

Q: What types of costs can be recovered?

Recoverable costs may include attorney fees, court filing fees, and other related expenses incurred during litigation.

Definition & Meaning

The phrase "costs follow the event" refers to a legal principle stating that the party who wins a lawsuit is generally entitled to recover their legal costs from the losing party. This principle is grounded in the idea that the successful party should not bear the financial burden of litigation. However, the awarding of costs is ultimately at the discretion of the court, which may decide to deviate from this rule in certain circumstances.

Table of content

Legal Use & context

This principle is commonly applied in various areas of law, including civil litigation, family law, and commercial disputes. It plays a critical role in determining how legal costs are allocated after a case is resolved. Individuals or entities involved in litigation can utilize legal templates from US Legal Forms to prepare necessary documents related to cost awards, ensuring they follow proper procedures.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: In a personal injury case, if the plaintiff wins, they may be awarded costs to cover their legal fees and other expenses incurred during the trial.

Example 2: In a contract dispute, if one party successfully defends against a claim, they may seek costs from the losing party to recover their litigation expenses. (hypothetical example)

State-by-state differences

State	Variation
California	Costs are generally awarded to the prevailing party unless otherwise specified by statute.
New York	Costs may be awarded at the court's discretion, particularly in family law cases.
Texas	Costs typically follow the event, but specific rules apply in certain types of cases.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Costs	Expenses incurred in the course of litigation, including attorney fees and court costs.
Fees	Charges for specific services, such as attorney fees, which may not always be recoverable.
Disbursements	Out-of-pocket expenses related to a case, such as filing fees or expert witness fees.

Common misunderstandings

What to do if this term applies to you

If you are involved in litigation and believe you may be entitled to recover costs, consider the following steps:

Document all your legal expenses thoroughly.
Consult with a legal professional to understand your rights and options regarding cost recovery.
Explore US Legal Forms for templates that can assist you in filing for costs.
Be prepared to present your case to the court if necessary.

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Quick facts

Typical fees: Varies by case type and jurisdiction.
Jurisdiction: Applies in civil litigation across the United States.
Possible penalties: None directly related to costs; however, failure to follow court procedures may impact cost recovery.

Key takeaways

Frequently asked questions

What does "costs follow the event" mean?

It means that the winning party in a lawsuit is typically entitled to recover their legal costs from the losing party.