What is a motion for costs in civil litigation?

A motion for costs in civil litigation is a request to the court to require the losing party to pay the winning party certain costs associated with pursuing the case. This motion can be filed during or after the litigation process. In New York, costs are defined by Section 86 of the Judiciary Law and are any reasonable expenses incurred by the winning party that are necessary to the prosecution or defense of the action. These costs can include filing fees, witness fees, copying costs, deposition costs, expert witness costs, travel expenses, and other out-of-pocket expenses. The purpose of a motion for costs is to ensure that the winning party is not unduly burdened by the costs of pursuing the litigation. This is especially important in cases where the winning party would not have been able to pursue the case without significant financial assistance. It is important for all parties to the litigation to be aware of the costs associated with pursuing the case in order to ensure fairness and justice. In New York, a motion for costs can be filed with the court, along with supporting documents outlining the costs incurred by the winning party. The judge will make a decision based on the facts and circumstances of the case and can award costs to the winning party if they are deemed to be necessary and reasonable. The losing party is then obligated to pay the costs as determined by the court.

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