Code Details

Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34] ( Part 2 enacted 1872. )
TITLE 14. OF MISCELLANEOUS PROVISIONS [989 – 1062.34] ( Title 14 enacted 1872. )

CHAPTER 6. Of Costs [1021 – 1038] ( Chapter 6 enacted 1872. )

Exact Statute Text

(a) The following items are allowable as costs under Section 1032:

(1) Filing, motion, and jury fees.

(2) Juror food and lodging while they are kept together during trial and after the jury retires for deliberation.

(3) (A) Taking, video recording, and transcribing necessary depositions, including an original and one copy of those taken by the claimant and one copy of depositions taken by the party against whom costs are allowed.

(B) Fees of a certified or registered interpreter for the deposition of a party or witness who does not proficiently speak or understand the English language.

(C) Travel expenses to attend depositions.

(4) Service of process by a public officer, registered process server, or other means, as follows:

(A) When service is by a public officer, the recoverable cost is the fee authorized by law at the time of service.

(B) If service is by a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code, the recoverable cost is the amount actually incurred in effecting service, including, but not limited to, a stakeout or other means employed in locating the person to be served, unless those charges are successfully challenged by a party to the action.

(C) When service is by publication, the recoverable cost is the sum actually incurred in effecting service.

(D) When service is by a means other than that set forth in subparagraph (A), (B), or (C), the recoverable cost is the lesser of the sum actually incurred, or the amount allowed to a public officer in this state for that service, except that the court may allow the sum actually incurred in effecting service upon application pursuant to paragraph (4) of subdivision (c).

(5) Expenses of attachment including keeper’s fees.

(6) Premiums on necessary surety bonds.

(7) Ordinary witness fees pursuant to Section 68093 of the Government Code.

(8) Fees of expert witnesses ordered by the court.

(9) Transcripts of court proceedings ordered by the court.

(10) Attorney’s fees, when authorized by any of the following:

(A) Contract.

(B) Statute.

(C) Law.

(11) Court reporter fees as established by statute.

(12) Court interpreter fees for a qualified court interpreter authorized by the court for an indigent person represented by a qualified legal services project, as defined in Section 6213 of the Business and Professions Code, or a pro bono attorney, as defined in Section 8030.4 of the Business and Professions Code.

(13) Models, the enlargements of exhibits and photocopies of exhibits, and the electronic presentation of exhibits, including costs of rental equipment and electronic formatting, may be allowed if they were reasonably helpful to aid the trier of fact.

(14) Fees for the electronic filing or service of documents through an electronic filing service provider if a court requires or orders electronic filing or service of documents.

(15) Fees for the hosting of electronic documents if a court requires or orders a party to have documents hosted by an electronic filing service provider. This paragraph shall become inoperative on January 1, 2022.

(16) Any other item that is required to be awarded to the prevailing party pursuant to statute as an incident to prevailing in the action at trial or on appeal.

(b) The following items are not allowable as costs, except when expressly authorized by law:

(1) Fees of experts not ordered by the court.

(2) Investigation expenses in preparing the case for trial.

(3) Postage, telephone, and photocopying charges, except for exhibits.

(4) Costs in investigation of jurors or in preparation for voir dire.

(5) Transcripts of court proceedings not ordered by the court.

(c) An award of costs shall be subject to the following:

(1) Costs are allowable if incurred, whether or not paid.

(2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.

(3) Allowable costs shall be reasonable in amount.

(4) Items not mentioned in this section and items assessed upon application may be allowed or denied in the court’s discretion.

(5) (A) If a statute of this state refers to the award of “costs and attorney’s fees,” attorney’s fees are an item and component of the costs to be awarded and are allowable as costs pursuant to subparagraph (B) of paragraph (10) of subdivision (a). A claim not based upon the court’s established schedule of attorney’s fees for actions on a contract shall bear the burden of proof. Attorney’s fees allowable as costs pursuant to subparagraph (B) of paragraph (10) of subdivision (a) may be fixed as follows: (i) upon a noticed motion, (ii) at the time a statement of decision is rendered, (iii) upon application supported by affidavit made concurrently with a claim for other costs, or (iv) upon entry of default judgment. Attorney’s fees allowable as costs pursuant to subparagraph (A) or (C) of paragraph (10) of subdivision (a) shall be fixed either upon a noticed motion or upon entry of a default judgment, unless otherwise provided by stipulation of the parties.

(B) Attorney’s fees awarded pursuant to Section 1717 of the Civil Code are allowable costs under Section 1032 as authorized by subparagraph (A) of paragraph (10) of subdivision (a).

(Amended by Stats. 2017, Ch. 583, Sec. 1. (AB 828) Effective January 1, 2018.)

Code of Civil Procedure § 1033.5 Summary

California Code of Civil Procedure § 1033.5 outlines the specific types of expenses that a court may award to the prevailing party in a civil lawsuit as “costs.” This statute works in conjunction with Code of Civil Procedure § 1032, which generally states that a prevailing party is entitled to recover costs. Section 1033.5 meticulously lists what expenses are *allowable* as costs (such as filing fees, deposition costs, service of process, and certain attorney’s fees), what expenses are *not allowable* (like most expert witness fees not court-ordered, general investigation expenses, and routine postage), and the conditions under which costs must be awarded (they must be reasonably necessary and reasonable in amount). It also grants the court discretion to allow or deny items not explicitly mentioned. Essentially, it clarifies the financial reimbursements a winning party can seek for the expenses incurred during the litigation process.

Purpose of Code of Civil Procedure § 1033.5

The legislative purpose behind Code of Civil Procedure § 1033.5 is to standardize and clarify which litigation expenses are recoverable by the winning party in California civil actions. Before such detailed statutes, there was often ambiguity and inconsistency in what expenses courts would deem “costs.” This statute aims to prevent disputes over minor expenses, provide predictability for litigants and attorneys, and ensure a fair and consistent application of cost awards across different cases. By defining “allowable costs,” it helps to offset some of the financial burden placed on a party who successfully pursues or defends a legal claim, thereby promoting access to justice while also discouraging frivolous claims by establishing that the losing party may have to bear the winner’s legitimate litigation expenses. It streamlines the post-judgment process, ensuring that the prevailing party can recover specific, necessary out-of-pocket expenses directly tied to the conduct of the lawsuit.

Real-World Example of Code of Civil Procedure § 1033.5

Imagine Sarah sues John for negligence after a car accident, seeking damages for her injuries. The case goes to trial, and a jury ultimately finds in Sarah’s favor, awarding her $100,000. As the “prevailing party” under CCP § 1032, Sarah is entitled to recover her allowable costs from John.

Sarah’s attorney, following CCP § 1033.5, prepares a “Memorandum of Costs” to submit to the court. This memorandum includes:

• Filing fees: The initial fee to file the lawsuit and subsequent motion fees (CCP § 1033.5(a)(1)).
• Deposition costs: The expenses for taking John’s deposition, including the court reporter’s fees for transcription and Sarah’s travel expenses to attend (CCP § 1033.5(a)(3)).
• Service of process: The fees paid to a registered process server to formally deliver the lawsuit documents to John (CCP § 1033.5(a)(4)(B)).
• Ordinary witness fees: Payments to witnesses who testified in court (CCP § 1033.5(a)(7)).
• Court reporter fees: Fees for the official court reporter during the trial (CCP § 1033.5(a)(11)).
• Exhibit costs: Fees for enlarging a diagram of the accident scene and photocopies of medical records used as exhibits at trial, which were reasonably helpful to the jury (CCP § 1033.5(a)(13)).

Sarah’s attorney *cannot* include:

• Fees for an expert witness Sarah hired to review medical records, unless that expert was specifically ordered by the court to testify (CCP § 1033.5(b)(1)).
• The cost of Sarah’s private investigator who helped locate a witness (CCP § 1033.5(b)(2)).
• Routine photocopying and postage expenses for correspondence (CCP § 1033.5(b)(3)).

John can challenge specific items on Sarah’s cost memorandum if he believes they were not “reasonably necessary” or “reasonable in amount” (CCP § 1033.5(c)(2), (3)). For instance, if Sarah claimed an exorbitant amount for a deposition transcript, John could object, and the court would decide. The court will ultimately review Sarah’s claimed costs, apply the rules of CCP § 1033.5, and issue an order for John to reimburse Sarah for the approved amount of her litigation expenses.

Related Statutes

• Code of Civil Procedure § 1032 – Who Is Entitled to Costs: This is the foundational statute that grants the prevailing party in a civil action the right to recover costs. CCP § 1033.5 directly builds upon § 1032 by specifying *what* those recoverable costs are.
• Code of Civil Procedure § 1034 – Procedure for Claiming Costs: This statute details the procedural steps for a prevailing party to claim costs, including the timing for filing a memorandum of costs and the process for challenging those costs.
• Civil Code § 1717 – Attorney’s Fees on Contract: While CCP § 1033.5(a)(10)(A) and (C) allow for attorney’s fees authorized by contract or law, Civil Code § 1717 specifically addresses the reciprocal right to attorney’s fees in contract actions, making such fees an allowable cost under CCP § 1033.5(c)(5)(B) when authorized by contract.
• Government Code § 68093 – Ordinary Witness Fees: Referenced directly in CCP § 1033.5(a)(7), this statute sets the standard fees paid to ordinary witnesses who are required to attend court.

## Case Law Interpreting Code of Civil Procedure § 1033.5

• _City of Santa Paula v. Narag_ (2016) 243 Cal.App.4th 1084, 197 Cal.Rptr.3d 283: This case discussed the court’s discretion regarding “discretionary costs” under CCP § 1033.5(c)(4). The court reiterated that even for items not expressly listed, a court may allow them if they were reasonably necessary and reasonable in amount, emphasizing the trial court’s broad discretion in cost awards. [Link to Google Scholar page](https://scholar.google.com/scholar_case?case=17627409419131653846)
• _Santana v. Zilog, Inc._ (2014) 229 Cal.App.4th 202, 176 Cal.Rptr.3d 718: This case affirmed that fees for expert witnesses not ordered by the court are generally not allowable as costs under CCP § 1033.5(b)(1). The court distinguished between ordinary witness fees and expert witness fees, reiterating that the latter are only recoverable if the court specifically ordered the expert. [Link to Google Scholar page](https://scholar.google.com/scholar_case?case=14467389276537330554)
• _First Nationwide Bank v. Kowlsky_ (1998) 65 Cal.App.4th 775, 76 Cal.Rptr.2d 622: This case provided an interpretation of the recovery of attorney’s fees as costs. It affirmed that when attorney’s fees are authorized by contract, they are an item of costs under CCP § 1033.5(a)(10)(A) and should be fixed either upon a noticed motion or entry of default judgment. [Link to Google Scholar page](https://scholar.google.com/scholar_case?case=4544719003896200216)

Why Code of Civil Procedure § 1033.5 Matters in Personal Injury Litigation

Code of Civil Procedure § 1033.5 is critically important in California personal injury litigation for both plaintiffs and defendants. For plaintiffs, it provides a mechanism to recover some of the significant out-of-pocket expenses incurred while pursuing compensation for their injuries. These costs, such as deposition fees, service of process, and filing fees, can quickly add up, and recovering them helps to ensure that the actual award for damages is not unduly diminished by litigation expenses. Understanding what costs are recoverable informs a plaintiff’s financial strategy and helps manage expectations about the net recovery.

For defendants, this statute clarifies their potential financial exposure if they lose a case. Beyond the damages awarded, a defendant may also be responsible for the plaintiff’s allowable costs. This knowledge influences settlement negotiations, as defendants must weigh the cost of litigation, including potential cost awards, against the cost of a settlement.

For attorneys representing either side, CCP § 1033.5 is an essential roadmap. It dictates what expenses can be included in a cost bill, how to properly document them, and what objections might be raised. Lawyers must diligently track allowable costs throughout the litigation process to ensure a complete and accurate cost claim. Strategically, awareness of this statute helps attorneys advise clients on the financial realities of trial and settlement, influencing decisions on everything from expert witness retention (only court-ordered experts’ fees are generally recoverable) to the method of service of process. In essence, it’s a fundamental aspect of post-judgment financial accounting in any successful personal injury claim.