Application for recovery of court costs after decision

The application for recovery of court expenses is an integral part of the court process aimed at recovering the funds spent. The right is for the winning party, and for third parties whose interests have not been directly affected.

The system of legal costs, the source of appearance

The principle of access to justice does not mean that the state will pay the court in full. Participants in the processes bear their share of the costs. This applies in the first place to the money expended on representatives, except cases where assistance is provided by lawyers from the budget. Parties pay for the work of experts, services of other organizations, where necessary to resolve the dispute.

The application for recovery of court expenses on a representative is most often met.

Procedural codes define the categories of costs, the reasons for their occurrence and the procedure for collection.

Who can apply

The compensation is entitled to claim:

• Claimant or defendant;
• Third parties with independent requirements and without them (in civil and arbitration proceedings);
• Interested parties (according to CAS).

The recovery is primarily carried out in favor of those who have won in the process. Expenses are allocated by decision or ruling of the court.

A person who is not a plaintiff or a defendant has the right to intervene in a case when his interests are affected. The reason for joining is the parties' request or the judge's decision. The third party has the right to declare this.

She becomes aware of the case quite often after the decision of the court of first instance. In this case, only appeal to the appellate or other higher authority remains. Where it is - determined by the stage of production in the case (cassation or supervisory). The applicants receive a number of rights, in particular for applications for recovery of court costs.

The state has its interest, when the legal costs are paid for at its expense. The loser party then must the treasury. Official explanations suggest that the costs of the trial, incurred by the budget, the judge is entitled to split equally between the plaintiff and the defendant, having for that reason.

About what expenses there is a speech

The usual list of expenses includes money spent on:

• Payment of state duty;
• Lawyers or representatives;
• Experts who conducted research and gave an opinion;
• Specialists who rendered services of a technical nature;
• Interpreter;
• Travel and residence of witnesses;
• Postal or courier services;
• Loss of time (for example, instead of going to work a person appeared in court).

In the latest clarifications of the Supreme Court, this list is not considered exhaustive. The application for recovery of court costs may involve an unlimited list of actions.

For example, the costs of collecting evidence: the legalization of foreign documents, the evaluation report, the provision of evidence by a notary (before the opening of the case in court). They are considered expenses if they are accepted by the court as lawful.

Payment of a notarized power of attorney is reimbursed if it was given out for representation in a particular case or a specific meeting.

Examination of the case in higher instances gives the right to state in addition the expenses incurred in the process of appeal, cassation and supervisory proceedings in the case.

That costs can be both the subject of a separate complaint, and be combined with other requirements.

What they refuse to recognize as legal costs

In connection with what is it useless to file an application for recovery of court expenses? The costs of pre-trial procedures (the process of mediation, the appeal of administrative actions, etc.), when they were not required.

If the law or the contract requires preliminary administrative appeal or mediation, the application for recovery of court expenses will be regarded as justified.

Principles of cost sharing

The judge can satisfy the claim in full or in part. In the second variant, the losing party pays a proportional share of the expenses from the declared price of the claim. The presence of several persons also leads to a proportional distribution of the costs between them from the amount awarded or the volume of claims recognized as justified. In this case, several organizations or citizens are required to file a claim for recovery of court costs.

As for the third party, its share of expenses is determined by the degree of influence on the decision in the case. It does not matter whether by their own will they become participants in the process, or they are attracted to court.

Explicitly inflated requirements may lead to a refusal to recover the costs to the winning party and to the obligation to reimburse the losses to the loser. Thus, the court punishes the second party because of unfair conduct and the use of its rights to the detriment of the interests of justice.

In a case with a counterclaim, the judge is entitled to offset the expenses if there is a partial agreement of the court with both statements. The parties have the right to resolve the issue in an amicable agreement.

How to solve the issue of costs

The application to the court, the recovery of court costs are reviewed by the court before the decision is made on the suit and after. After the final decision on the case is made, the meeting on expenses is initiated either by one of the parties or by a judge. Participants are summoned by summonses. The procedure is called an additional decision.

A discussion is being held, everyone who has appeared expresses his opinion. The law gives the right to make a decision without appearance of summoned persons, if there is evidence of receipt of agendas by them.

An objection to an application for recovery of court costs shall be formalized either in writing or verbally. The first way makes it possible to express your opinion without appearing in person.

The judge takes a decision in the form of a determination, his appeal is given 15 days. The issue can also be raised in complaints to higher authorities. In the first instance, a statement of expenses is filed within the time limit for appeal.

Principle of Reasonableness at Compensation

Nobody will agree to blindly collect the claimed amount at the request of one of the parties.

The law obliges expenses to be documented. For example, the payment for the services of a lawyer is confirmed by an agreement, a receipt for payment, an act of work performed.

Reasonability makes it necessary to assess the property position of one of the parties, the actual amount of work done by the representative, the average evaluation of services in the region for similar services in the region.

In general, the theme of costs is full of nuances. And their ignoring will only lead to additional financial losses. A sample application for recovery of court expenses should be selected according to the type of proceedings (civil or arbitration, etc.).