What is a Motion to Tax Costs? An In-Depth Explanation

A motion to tax costs is a legal tool used in civil litigation, allowing a party to contest or reduce the opposing party's claimed costs related to the lawsuit. By filing a motion to tax costs, a party seeks to ensure that only reasonable and necessary costs are awarded, while eliminating excessive or unjustified expenses. This motion plays a crucial role in maintaining fairness and protecting parties from bearing undue financial burdens resulting from litigation. (Taxation of Costs, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)

A non-prevailing party may dispute any or all of the items in the prevailing party’s memorandum of costs by a motion to strike (challenging the entire costs memorandum) or tax (challenging particular items or amounts) costs. (Cal. Rules of Court, rule 3.1700(b).) A “prevailing party” is defined as… (continue reading)

In considering a time limit of for a motion to tax cost, Florida Courts have held that “[t]hose entities possessing the power to impose such a time limit might wish to consider the advisability of doing so, as did our supreme court in civil cases by the adoption of Florida Rule of Civil Procedure 1.525 [which requires that a motion seeking to tax costs be served ‘no later than 30 days after filing of the judgment . . . or the service of a notice of voluntary dismissal.’]” (Shackleford v. CTL Distribution (2010) 25 So. 3d 667, 668 citing…) (continue reading)

“Disbursements are… intended to be ‘reimbursement for actual out-of-pocket expenses incurred by a party in the prosecution of his action.’” (Shafer v. Norstar Bank, 154 Misc. 2d 537, 538 [N.Y. Sup. Ct. 1992].) “[A]fter the determination of a motion, or upon its own initiative, the court may allow any party thereto to tax as disbursements his reasonable and necessary expenses of the motion.” (Civ. Prac. Law & Rules, § 8301(b).) Such necessary disbursements include… (continue reading)

To the extent a party complains about the taxation of any specific costs, the remedy is a motion to re-tax costs in the trial court. (See Operation Rescue–Nat'l v. Planned Parenthood of Houston & Se. Tex., Inc. (1996) 937 S.W.2d 60, 87 [“A motion to retax costs is one to correct the ministerial act of the clerk of the court in tabulating costs.”].) (continue reading)