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Rule 2-603 – Costs

May 13, 2021 | Civil Prodcedure, Maryland

(a) Allowance and Allocation. Unless otherwise provided by rule, law, or order of court, the prevailing party is entitled to costs. The court, by order, may allocate costs among the parties. If the clerk has any question regarding the allocation of costs, including which party is the prevailing party, the court shall determine the matter.

Cross reference: Code, Courts Article, ยง 7-202.

(b) Assessment by the Clerk.

(1) The clerk shall assess as costs (A) all fees of the clerk, (B) all fees of the sheriff that have been reported to the clerk by the sheriff or a party, and, (C) in proceedings under Title 7, Chapter 200 of these Rules, the costs specified by Rule 7-206(b).
(2) On written request of a party filed within 15 days after the later of the entry of judgment or the entry of an order denying a motion filed under Rules 2-532, 2-533, or 2-534, the clerk shall assess other costs prescribed by rule or other law.
(3) The clerk shall notify each party of the assessment in writing. On motion of any party filed within ten days after the notice is issued, the court shall review the action of the clerk.

Committee note: The clerk may include with the assessment an invoice for open costs, directed to the party responsible for payment.

(c) Assessment by the Court. When the court orders or requests a transcript or, on its own initiative, appoints an expert or interpreter, the court may assess as costs some or all of the expenses or may order payment of some or all of the expenses from public funds. On motion of a party and after hearing, if requested, the court may assess as costs any reasonable and necessary expenses, to the extent permitted by rule or law.
(d) Joint Liability. When an action is brought for the use or benefit of another as provided in Rule 2-201, the person for whom the action is brought and the person bringing the action, except the State of Maryland, shall be liable for the payment of any costs assessed against either of them.
(e) Waiver of Costs in Domestic Relations Cases–Indigency. In an action under Title 9, Chapter 200 of these Rules, the court shall grant a final waiver of open costs, including any compensation, fees, and costs of a magistrate or examiner if the court finds that the party against whom the costs are assessed is unable to pay them by reason of poverty. The party may seek the waiver at the conclusion of the case by filing a request for a final waiver of open costs, together with (1) an affidavit substantially in the form prescribed by Rule 1-325(e)(1)(A), or (2) if the party was granted a waiver of prepayment of prepaid costs by court order pursuant to Rule 1-325(e) and remains unable to pay the costs, an affidavit that recites the existence of the prior waiver and the party’s continued inability to pay.

Md. R. Civ. P. Cir. Ct. 2-603

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; June 4, 1991, eff. July 1, 1991; Jan. 20, 1999, eff. July 1, 1999; Dec. 16, 1999, eff. Jan. 1, 2000; Oct. 17, 2013, eff. Jan. 1, 2014; March 2, 2015, eff. July 1, 2015; Sept. 17, 2015, eff. Jan. 1, 2016; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

1999 Orders

The December 16, 1999, order, in section (b), clarified that costs under this rule include costs specified by Rule 7-206(a).

2013 Orders

The October 17, 2013, order amended (b) to delete an obsolete provision and to require that a request for the assessment of certain costs to be filed within a specified time.

2015 Orders

The March 2, 2015, order amended the Rule to conform an internal reference to amendments to Rule 7-206; and to conform with the revision of Rule 1-325.

The September 17, 2015, order, changed the term “master to “magistrate.

The December 7, 2015, order, added to section (a) a provision concerning the determination of any question the clerk has regarding the allocation of costs, specified that the sheriff’s fees assessed pursuant to section (b) are fees that have been reported by the clerk, added a provision pertaining to an invoice for open costs, changed the time within which a party may file a motion for court review of the action of the clerk to ten days after the clerk’s notice is issued, and added a Committee note.