What exactly is taxable cost??

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When there is a civil case such as a border line, property line dispute, and defendant seeks attorney fees but the judge says NO on the basis that there was just enough evidence to not make the case frivolous... But a defendant did receive "taxable cost".. I believe at the time it was $200.00... What is taxable costs??

Attorney Answer

1
Stephen Kennedy ·
In most cases, each party to a lawsuit must pay their own attorneys' fees -- even if they win the case at trial. One of the exceptions to this rule is where the Court determines that a lawsuit was frivolous. In your case, it sounds like the defendant won, and then claimed that the lawsuit was frivolous and asked for an award of reasonable attorneys' fees. And the judge said no. However, the party that wins a lawsuit is often entitled to an award of "costs" which are defined by statute. Examples include: court filing fees; fees for service of process, witness fees, and "statutory" attorneys' fees. It may seem odd that the prevailing party can get "statutory" attorneys' fees when the judge already denied an award of fees. But "statutory" attorneys' fees are in an amount set by the statute, usually a very small amount, like $200. This small amount is usually nowhere near what the other party actually paid their attorney. So while the judge decided not to award the defendant his ACTUAL attorneys' fees, the defendant may still be entitled to an award of costs, including the statutory attorney fee. I hope that helps.
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