What is a motion for costs in civil litigation?
A motion for costs in civil litigation is a request a party makes to the court to recover any expenses associated with the legal proceedings. This includes expenses like court filing fees, expert witness fees, costs for obtaining records, and even attorney’s fees. The party filing the motion must show evidence that the costs are necessary and reasonable. In California, a motion for costs may be made in writing and must be filed with the court. The motion must specify the expenses that the party is asking to be reimbursed. Generally, the motion is heard by the court at the same time they are deciding the case. Costs may be awarded to either party depending on the outcome of the trial. If a party wins the case then the court may order that the losing party pay the attorney’s fees, court fees, and other costs associated with the legal proceedings. Even if both parties have to pay their own fees, the court may order the losing party to reimburse the other side’s attorney’s fees. In California, if someone is granted a motion for costs they are entitled to interest from the date that the judgment was entered. The court may order an advance payment or require the losing party to pay the costs at a later date. Motions for costs can help make sure that one party does not financially benefit from the other’s financial loss. Ultimately, motions for costs are a way to even the playing field by ensuring that the parties are on equal footing.
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