A citizen who plans to file a lawsuit in court must understand that a trial involves a lot of money. These are legal costs. Costs after a positive court decision can be reimbursed at the expense of the responding party found guilty.
What is a court?
The court is a state body that controls the administration of justice by considering, hearing and deciding on criminal, civil or administrative proceedings in accordance with state law.
Courts are of general jurisdiction, military, arbitration, customs, tax, labor, constitutional and administrative.
Silence and discipline must always be respected in the building. When a judge enters the courtroom, everyone present at the meeting should stand in honor of his appearance. If he asks a question to any of the parties, the answerer must stand up and answer standing up.
Judge
A person who administers justice and is part of the court is called a judge. He must know all the laws, he has the last word in court. A judge decides on litigation and litigation. Before their appointment, such persons take an oath to the court. The state guarantees their immunity. During the trial, the judge must be in a special uniform - a black mantle. During the process, “Your Honor” is respectfully addressed to him.
Claimant
The plaintiff is a civil or legal person who has appealed to the court for the resolution of a dispute related to the violation of his rights and interests. The plaintiff submits a statement of claim to the court, and the court sets the date of the proceedings and brings the defendant to court.
Defendant
A defendant in a court is a person who is brought in by the plaintiff as a potential violator of his rights or interests. Several defendants (Defendants) may participate in a single trial.
Lawsuit
A lawsuit is a form of an application that is sent by the plaintiff to the court for consideration. In the statement of claim, the plaintiff indicates his requirements and asks to call to account the defendant who violated the interests of the plaintiff. The court, after the adoption and consideration of the claim, notifies the plaintiff of the decision to institute legal proceedings, and also sets the date for the consideration of the case and invites the defendant.
Trial
A trial is a trial in which a dispute between a plaintiff and a defendant is resolved. The plaintiff must prove that the defendant is guilty, and the defendant, in turn, must prove his innocence. The decision is made by the court, the person of which is the judge. In this complex litigation process, either party may seek the assistance of a lawyer.
Lawyer
A lawyer is a person with a law degree. His calling is to provide support during the trial and defend the interests of the one for whom he stands. The lawyer acts as a representative of one of the parties in the trial. Both the plaintiff and the defendant are entitled to his presence. If the court has not determined the reimbursement of legal expenses in an insufficient amount, a lawyer can help to file a lawsuit about legal costs.
Court expenses
Everything costs money. The services of a lawyer, experts or any kind of expert examination cost a lot of money. If the rights of one citizen are violated by the actions or inaction of another citizen, then the offended citizen always has the right to file a complaint with the court in the form of a statement of claim.A person must prove his case in court and for this it is necessary to hire specialists for representation. It is important to remember that the recovery of legal costs incurred in the course of the court case, in case of victory, is made by the responsible party. Costs related to litigation include government fees and expenses.
State duty - a fee that citizens must pay when applying to state institutions to resolve their legal issues. The order of the state duty and its amount is determined by the legislation on fees. It can be in hard cash, as a percentage of the amount of the claim, and combined. The state duty with legal costs differs in that the fees are paid in favor of the state and go to the salaries of civil servants and other needs, and the costs go to pay for the services of employees for conducting a specific case with the participation of specific persons.
Legal costs are
Material costs in the judicial process, in the form of costs are divided into several types:
- Amounts intended for payment for services rendered to experts, witnesses or translators involved in the trial.
- The costs of temporary residence of nonresident persons or their travel to the court.
- Payment for representative services in court.
- Payment of any inspection in court.
- Compensation for the loss of personal time.
- Payment of postage.
- Other costs incurred during the trial.
Cost Structure
The Law on Court Costs in the Civil Code aims to protect the interests of citizens who have filed lawsuits in court.
- Material costs intended to pay for the services of experts, witnesses or translators involved in the trial.
This includes the cost of travel to the court and temporary housing. If a citizen has to appear in court during his working hours as a witness, he is paid for the lost working hours, based on the average daily earnings. Non-working citizens are compensated for the time spent. Experts, translators, and specialists are paid material compensation for the work performed, if they are not civil servants. The size of the fee is discussed with experts, translators and specialists before the start of the trial.
- The procedure for depositing funds necessary for the payment of benefits to experts, specialists and witnesses.
Material resources intended for payments to witnesses, experts and specialists necessary for a trial shall be transferred to a previously opened account by the party that filed the request. If the request is submitted by both parties, payment is made equally.
If experts, specialists or witnesses are appointed by order of the court, then their services are paid from the state budget.
The court may also decide to reduce or completely exempt a civilian from legal costs due to his material condition. In this case, these legal costs are covered by the state budget.
If the funds were paid in advance to the account, but were not completely spent, on the basis of a court order, both parties can return them.
- Amounts intended to pay for the activities of witnesses and translators.
For witnesses and translators, the performance of their activities and appearance at the courthouse is paid immediately after the performance. The amount of payment and the procedure for payment is determined by the state.
Cost recovery
- How are litigation costs distributed between the requester and the responder?
The party that has received the approval of the court receives a reimbursement of all material costs from the losing party.If the claim is not fully satisfied, then the judicial authority determines the size of the part of the expenses reimbursed by the losing party.
In this case, the party of the plaintiff may appeal to the court, higher in rank. The procedure for cost recovery will remain unchanged.
If the senior court decides on the process without reviewing it again, the distribution of costs between the litigating parties may change depending on the decision itself. If the decision remains the same, then the procedure for cost recovery does not change.
- Compensation for lost time.
If a civil claim was filed without legitimate reasons or opposition to a normal trial and decision was made, the court has the right to demand reimbursement of legal costs for wasted time in favor of the respondent. Their value is determined by the court.
- Reimbursement of expenses for the services of a representative.
The party whose requirements are satisfied by the court, upon filing the relevant application, is determined by the state body and there is a reimbursement of monetary costs for the activities of a lawyer on the other hand.
If the legal representative was provided free of charge, then the payment to the lawyer is made by the losing party.
- Distribution of expenses upon amicable agreement of the parties or upon refusal of claims.
In a court proceeding, costs may not be recovered at all. If the plaintiff does not want to continue the lawsuit and took his claim from the court, all costs incurred by him will not be reimbursed by the defendant. As a result, the plaintiff will also have to reimburse the costs of the responding party. If, after filing a complaint with the court, the defendant agreed with the requirements of the plaintiff, and the plaintiff decided not to continue to sue as a result, then the costs of the plaintiff should be reimbursed by the defendant.
At the peaceful conclusion of the court case, the parties should discuss the distribution of expenses among themselves, or the court itself will make such a decision.
- Refund of legal expenses to the parties.
If the court fully or partially refused the plaintiff to satisfy his claim, the defendant shall be reimbursed for expenses in equal proportion to the degree of the unsatisfied claim.
If the court has issued a decision on the release of the plaintiff’s property from arrest, then the expenses incurred by him are paid from the budget of court costs.
Court costs and compensation
All costs of the trial incurred by the court during the proceedings, as well as if the plaintiff is exempted from the state fee by court decision, all this is recovered from the defendant, provided that he is not exempt from paying expenses.
If the application is not fully satisfied, but only partially, but the defendant is exempted from the costs, then the costs of the court are paid at the expense of the plaintiff to the extent that the claim was not satisfied.
If the plaintiff waives his claim, the court may recover legal costs from the plaintiff, provided that he is not exempt from paying them.
Both parties may be exempted from payment of costs. In this case, the costs incurred by the court during the proceedings of any instance shall be reimbursed by the state.
The amount and procedure for the return of court costs of a court shall be determined by a court order on court costs. The amount of reimbursable costs may be in the form of a percentage or a solid cash amount.
The amount and procedure for payment of legal costs may be appealed by either party in court.
Cost recovery procedure
In the final decision made by the court to satisfy the claim or reject it, the state body shall make a decision on the procedure for reimbursing the costs recovered from one of the parties, or from both sides. All legal costs must be legal and have confirmation.The procedure for reimbursement of expenses depends on the material situation of the party on which this obligation is assigned and it is taken into account by the court in the distribution of costs.
The deadline for filing an application for the recovery of legal costs incurred is not limited.
Reporting Costs
Legal costs are material losses that someone must recover. But before claiming reimbursement of costs incurred by one of the parties during the trial, it is necessary to prove that they were expended by it and their actual size. There must be a specific relationship between the person who incurred the costs and the case in which the proceedings were spent.
If a citizen cannot prove his material costs for the trial, the court will refuse to reimburse them.
In order to avoid such difficulties, before the start of the trial, you need to open an account and deposit a certain amount on it, which is necessary to cover all the costs of summoning specialists, experts and representatives to the court. Only the plaintiff or the plaintiff can open an account together with the defendant.
After the court makes a decision in favor of one of the parties, a statement is submitted to the court about the legal costs and their reimbursement. After which the court decides the procedure and amount of payments.