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Which Party Pays Court Costs After a Summary Judgment

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  • 05-06-2017, 06:15 PM
    epic
    Which Party Pays Court Costs After a Summary Judgment
    My question involves court procedures for the state of: IL

    Related to Summary Judgment: If not stated in ruling Does each side pay their own court Costs? If not stated can the prevailing party ask/demand their court costs be paid, if so, is there a time limit?
  • 05-06-2017, 06:27 PM
    Mr. Knowitall
    Re: Which Party Pays Court Costs After a Summary Judgment
    The prevailaing party can normally seek payment of costs. If there is a basis to argue that neither party is a prevailiing party, or the prevailing party does not seek to recover costs, then there would not be a recovery of costs.

    As recovery of costs can be modified by statute and court rule, depending upon the full facts and cause of action, you should check the state and local court rules and Code of Civil Procedure, as well as the statute for any specific cause of action, to see how they address the issue of the recovery of costs for your case.
  • 05-06-2017, 06:35 PM
    adjusterjack
    Re: Which Party Pays Court Costs After a Summary Judgment
    When you win a lawsuit you generally get your filing fees and process service fees awarded to you.

    However, if you are talking about attorney fees that's a different story. In the American legal system each party pays his own attorney fees unless a statute allow for attorney fees or a contract does.
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