Court Costs and Who Pays Them

People who are thinking about a lawsuit often ask two money questions: "How much will my lawyer cost?" and "What else will I have to pay?" The second question is about court costs. These are separate from lawyer fees, and the rules on who pays them can be confusing. This guide explains the general ideas, without dollar amounts, because amounts depend on the court and change over time.

Costs are not the same as attorney fees

The first thing to know is the difference between two kinds of expenses:

• Attorney fees are what you pay your lawyer for their work.
• Costs are other expenses connected to the case, such as filing fees and transcripts.

In the United States, each side usually pays its own lawyer, unless a law or a contract says otherwise. Costs follow different rules. That is why the question "who pays?" can have one answer for fees and another for costs. Our separate guide on fee shifting covers attorney fees in more detail.

Common types of court costs

The exact list depends on the court and the type of case, but costs may include:

• Filing fees to start a case or file certain papers
• Service fees for delivering the complaint and summons to the other side
• Court reporter and transcript fees, for example for depositions or hearings
• Copying and record fees for documents and certified copies
• Witness fees that may be owed to people required to appear
• Fees for outside professionals, such as people who prepare reports, which may or may not count as recoverable "costs" under the rules

Courts publish their own fee schedules. In the federal system, the U.S. Courts fees page links to fee lists for district courts, bankruptcy courts, and courts of appeals. State and local courts post their own fees, usually on the court's website or at the clerk's office. The USAGov courts page can help you find federal, state, county, and municipal courts.

Who pays during the case

While the case is going on, each side usually pays its own costs as they come up. The person who files the lawsuit typically pays the filing fee. Each side pays for the depositions it schedules and the copies it orders.

If you have a lawyer, your written fee agreement should say who pays costs during the case. Some lawyers advance costs and ask to be repaid from any recovery. Others ask the client to pay costs as they arise. Under some agreements, a client may owe costs even if the case does not produce money. Read this part of the agreement closely and ask questions before you sign.

Who pays at the end

At the end of a case, the court may decide whether one side must pay certain costs of the other. In federal court, the Federal Rules of Civil Procedure generally allow the side that wins to ask for certain costs, other than attorney fees, unless a law, rule, or court order provides otherwise. State courts have their own rules, which may be similar or different.

A few general points:

• Not every expense counts as a recoverable cost. Courts often limit which items qualify.
• The winning side usually has to ask for costs, often by filing a request within a set time.
• The court may reduce or deny costs in some situations.
• In a settlement, the parties often agree on who pays what, and many settlements say each side bears its own costs.

Because these rules vary, a lawyer in your state can explain what might apply to your case.

If you cannot afford the filing fee

Courts have ways to help people who cannot pay. The U.S. Courts page on civil cases explains that a person who cannot pay the filing fee in federal court may ask to proceed "in forma pauperis," and if the request is granted, the fee is waived. State courts have their own fee waiver forms and rules, usually available from the court clerk or the court's self-help center.

A fee waiver may cover some costs but not others. Ask the clerk or a legal aid office what a waiver would include in your court.

Small claims court

For smaller disputes, small claims court may cost less. The Federal Trade Commission's consumer guide on solving problems with a business notes that small claims court costs are relatively low, procedures are simple, and you usually do not need a lawyer. Dollar limits on claims vary by state, so check with your local court.

Questions to ask a lawyer about costs

Before you start a case, ask:

1. What costs do you expect in a case like mine?
2. Who pays costs while the case is going on?
3. Do I owe costs if we do not win or do not recover money?
4. Could I be ordered to pay the other side's costs?
5. Are costs taken out of a settlement before or after your fee?
6. Will I get an itemized list of costs?

If you were hurt in an accident, our personal injury practice page lists lawyers who handle these cases, and many explain their cost arrangements at the first meeting. You can also read more legal guides on our site.

If cost is a concern, the USAGov legal aid page lists programs that offer free legal advice and help finding free or low-cost attorneys.

Frequently asked questions

Does the losing side always pay court costs?

No. Courts often allow the winning side to ask for certain costs, but the rules vary, not every expense qualifies, and judges have some discretion.

Are attorney fees part of court costs?

Usually not. Attorney fees are treated separately, and each side generally pays its own lawyer unless a law or contract says otherwise.

Can court fees be waived?

Many courts allow people who cannot afford the fees to ask for a waiver. Ask the court clerk or a legal aid office about the form for your court.

Will my lawyer pay costs for me?

Some lawyers advance costs and are repaid from any recovery. The terms should be in your written fee agreement.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.