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  1. #1
    Join Date
    May 2011
    Posts
    104

    Default 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?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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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