Always Recover Court Costs — Ensure Full Reimbursement from the Losing Party

Always Recover Court Costs — Ensure Full Reimbursement from the Losing Party

Litigation is an expensive, time-consuming process that requires significant resources, both financial and temporal. Often, participants in civil proceedings face the problem that even when a court rules in their favor, they still incur substantial financial losses due to unrecovered court costs.

However, Russian civil procedural law clearly regulates the reimbursement of court costs and provides the winning party with all the necessary tools to protect their economic interests.

Legal Framework — the Foundation for Recovering Court Costs

According to Part 1 of Article 98 of the Civil Procedure Code of the Russian Federation (CPC RF):
"The court shall order the other party to reimburse the party in whose favor the judgment has been rendered for all court costs incurred in the case, except in cases provided for in Part 2 of Article 96 of this Code."

This means that a party who wins the case should not bear the financial expenses related to the litigation — these costs are to be recovered from the other party.

Furthermore, Article 100 of the CPC RF establishes the right to recover costs for hiring a representative (lawyer), if their involvement was necessary and justified.

Court Expertise and Other Significant Court Costs: The Need for Reimbursement

An important aspect of civil disputes, especially those involving damage claims or fact-finding, is the use of court-appointed expertise. Expert examinations are often costly, yet they are essential to objectively assess damages or resolve complex issues.

During the proceedings, it is crucial to file a motion for appointing a court expert if specialized knowledge is required. If the motion is granted, the court will appoint the expert, and the costs will initially be borne by the parties. After the judgment, the court is obliged to recover these costs from the losing party.

Practical Tips for Recovering Court Costs: How to Ensure Full Reimbursement

In practice, it is common in Russian courts for plaintiffs to receive only partial satisfaction of their claims, or for the court to reduce the amount of reimbursed court costs, considering them excessive. However, the law provides mechanisms to justify costs and recover them fully:

• If the claim is partially satisfied, court costs are distributed proportionally to the satisfied claims (Part 1, Article 98 CPC RF). This is fair and prevents unjustified claims.
• The party who requested the expert examination has the right to recover the expert deposit from the defendant if the claim is satisfied.
• Costs for hiring a lawyer can also be recovered if the fees are justified and the lawyer’s participation was necessary.

It is essential to carefully document all costs, including contracts, receipts, payment orders, and other supporting documents, to prevent any doubts in court.

Why You Should “Pursue the Losing Party to the Full Extent” — Economic Logic

Court costs are not limited to expert fees and lawyer services. They also include:

• Court fees,
• Witness summons costs,
• Time spent,
• Emotional and reputational costs.

If the losing party is not held financially accountable for their actions, this creates conditions for endless disputes and abuse of procedural rights. Therefore, persistently recovering court costs is not only a way to compensate incurred expenses but also a tool to maintain fairness and discipline in litigation.

Court Practice Supporting Cost Recovery

Extensive case law of the Supreme Court of the Russian Federation confirms that courts of first and appellate instances have the right to recover all reasonable costs incurred by the winning party from the losing party, including expenses for expert examinations and lawyer services.

Conclusion

1. Always file motions for court-appointed expertise if it is necessary to objectively establish the facts of the case.
2. Demand reimbursement from the losing party for all incurred court costs — for expert examinations, lawyer services, and other related expenses.
3. Document all costs to ensure full reimbursement.
4. Do not agree to a reduction in the reimbursed amount without strong grounds — use the right to appeal court orders regarding cost allocation.

Proper and principled recovery of court costs is key to actual compensation of losses and deterring abuse of procedural rights.