costs

A pecuniary allowance, made to the successful party (and recoverable from the losing party), for his expenses in prosecuting or defending an action or a distinct proceeding within an action. In federal courts, costs are allowed as a matter of course to the prevailing party unless the court otherwise directs; also, specified fees and certain court expenses may be taxed as costs. Fed.R.Civil P. 54(d); Fed.R.App.P. 39; 28 U.S.C.A. No. 1920.

Generally, "costs" do not include attorney fees unless such fees are by a statute denominated costs or are by statute allowed to be recovered as costs in the case. Fees and charges required by law to be paid to the courts or some of their officers, the amount of which is fixed by statute or court rule; e.g. filing and service fees.

See also closing costs

- fee

- security for costs

- service charge.

@ bill of costs

A certified, itemized statement of the amount of costs in an action or suit

@ cost bond

@ bond for costs

cost bond, or bond for costs

A bond given by a party to an action to secure the eventual payment of such costs as may be awarded against him. A bond which may be required of an appealing party in a civil case; e.g. Fed.R.App.P. 7. Purpose of bond is to cover appellee's costs in event of affirmance of judgment

See also costs, appeal bond.

@ costs de incremento

Increased costs, costs of increase. Costs adjudged by the court in addition to those assessed by the jury

@ costs of collection

Strictly, expenses involved in endeavoring to make collection, as of a promissory note; but as used in or with reference to such notes, the phrase is synonymous with attorney's fees. There is commonly a provision to this effect in such notes. It does not refer to costs of suit, which are recoverable by law

@ costs of the day

Costs which are incurred in preparing for the trial of a cause on a specified day, consisting of witnesses' fees, and other fees of attendance

@ costs to abide event

When an order is made by an appellate court reversing a judgment, with "costs to abide the event," the costs intended by the order include those of the appeal, so that, if the appellee is finally successful, he is entitled to tax the costs of the appeal.

@ final costs

Such costs as are to be paid at the end of the suit. Costs, the liability for which depends upon the final result of the litigation.

@ indirect costs

Costs not readily identifiable with production of specific goods or services, but rather applicable to production activity in general; e.g., overhead allocations for general and administrative activities.

@ interlocutory costs

Costs accruing upon proceedings in the intermediate stages of a cause, as distinguished from final costs; such as the costs of motions.

@ security for costs

A security which a defendant in an action may require of a plaintiff who does not reside within the jurisdiction of the court, for the payment of such costs as may be awarded to the defendant.

See also cost bond.

+ security for costs

Payment into court in the form of cash, property or bond by a plaintiff or an appellant to secure the payment of costs if such person does not prevail; e.g. Fed.RCiv.P. 65(c) requires adequate security when restraining order or preliminary injunction is issued.

See also costs

@ statutory costs

Amounts awarded for various phases of litigation that are fixed by statute. Word "costs" generally refers to statutory fees to which officers, witnesses, jurors and others are entitled for their services in an action and which statutes authorize to be taxed and included in the judgment. Terry v. Burger, 6 Ohio App.2d 53, 216 N.E.2d 383.

See e.g. 28 U.S.C.A. No. 1920.

@ taxation of litigation costs

See taxation; also costs, generally.

@ variable costs

Those costs which in the short run vary in close relationship with changes in output, including items such as raw materials, labor directly used in production, and per unit royalties. Chillicothe Sand & Gravel Co. v. Martin Marietta Corp., C.A.I1L, 615 F.2d 427, 431

+

Costs that change in total with changes in rate of production

@