Thursday, August 19, 2010

What is party and party costs in litigation terms ? who pays?

In a court action, the successful party can recover party and party costs from the opposing party.

What is party and party costs in litigation terms ? who pays?
There are two kinds of litigation, criminal, where the State accuses an individual of committing a crime, and civil, where two individuals are involved and where damages are usually awarded.





In a civil court action there are two "parties" - the Plaintiff who makes the charge, and the Defendant who is the accused.





If the Plaintiff shows sufficient evidence to support his/her claim, then the Defendant loses and must make the other party "whole", by providing some form of compensation or a suitable replacement of the damaged item, plus court costs and, in some instances attorney's fees.





If there is insufficient evidence to support a Plaintiff's claim, there may be a counter-suit by the Defendant against the Plaintiff, for "damages".





Generally, most cases are handled in Small Claims Court - Re.: Judge Judy - but cases with significant liability - automobile accident involving death or serious injury, hazardous materials/ drugs, medical malpractice and the like - will find there way into a civil litigation.

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