Award of Costs to Prevailing Party Law and Legal Definition

The Federal Rules of Civil Procedure permits an award of costs to prevailing parties. Except when express provision is made either in a statute of the United States or in the federal rules, costs other than attorneys' fees shall be allowed as of course to the prevailing party unless the court otherwise directs. In certain cases, the court will award attorney’s fees to the prevailing party.

“Fed. R. Civ. P. 54(d) permits an award of costs to prevailing parties. Costs may be awarded only when they are reasonable and necessary to the litigation. The losing party bears the burden of affirmatively demonstrating that the prevailing party is not entitled to certain costs.” Frahm v. Equitable Life Assur. Soc'y of the United States, 2000 U.S. Dist. LEXIS 10406 (N.D. Ill. July 17, 2000)