United States
Applicable procedural rules in most state and federal courts provide for costs (not attorneys’ fees) to be awarded to the prevailing party following entry of final judgment. Costs eligible for recovery, which usually range from a few hundred to a few thousand dollars, include:
- court filing fees;
- fees for serving process;
- witness fees and transportation expenses;
- transcript preparation fees;
- copying fees; and
- compensation for court-appointed experts and interpreters.
As a general rule, the United States does not have a loser-pays system; instead, each party typically bears its attorney’s fees, regardless of whether it prevails in the dispute. There are limited exceptions where attorney’s fees and other costs (for example, expert witness fees) are recoverable. For instance, fees may be expressly authorized by the statute under which a particular claim is being litigated, or a contract between the parties may authorize the court to award them.
When fees are authorized, a request for fees is typically made to the judge presiding over the dispute, supported by evidence of the time spent on the matter. The amount of fees awarded varies depending on the claim at issue and the complexity of the case, with the presiding judge having broad discretion to decide what award is reasonable and appropriate. In simple cases, a fee award may be limited to a few thousand dollars. In highly complex litigation, courts have awarded fees ranging into the tens - and in some circumstances involving large, highly complex litigation, hundreds of millions of dollars.
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