Court costs can reach very high amounts, often far beyond the actual monetary worth of a case.
The loser pays principle does not generally apply under the United States legal system.
The loser pays principle does not apply under the United States legal system unless there is a specific statute awarding fees to the prevailing party.
In cases in the federal court system, Title 28, section 1920, of the United States Code provides:[3][4] A judge or clerk of any court of the United States may tax as costs the following: (1) Fees of the clerk and marshal; (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case; (3) Fees and disbursements for printing and witnesses; (4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case; (5) Docket fees under section 1923 of this title; (6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.
A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.A 2022 study, which used a randomized controlled trial of court-related fee relief for misdemeanor defendants in an Oklahoma county, found that court fees neither caused nor deterred new crime, and did not provide meaningful financial benefit to the government.