§ RULE 2-603 COSTS

Codes > Maryland Rules > Title 2 > Chapter 600 > RULE 2-603

RULE 2-603. COSTS

    (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.

    Cross references:Code, Courts Art., § 7-202.

    (b) Assessment by the Clerk.The clerk shall assess as costs all fees of the clerk and sheriff, statutory fees actually paid to witnesses who testify, and, in proceedings under Title 7, Chapter 200 of these Rules, the costs specified by Rule 7-206 (a). On written request of a party, the clerk shall assess other costs prescribed by rule or law. The clerk shall notify each party of the assessment in writing. On motion of any party filed within five days after the party receives notice of the clerk's assessment, the court shall review the action of the clerk.

    (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 waive final costs, including any compensation, fees, and costs of a master 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 in accordance with Rule 1-325 (a). If the party was granted a waiver pursuant to that Rule and remains unable to pay the costs, the affidavit required by Rule 1-325 (a) need only recite the existence of the prior waiver and the party's continued inability to pay.

    Source: This Rule is derived as follows:

    Section (a) is derived from former Rule 604 a.

    Section (b) is in part new and in part derived from former Rule 604 a.

    Section (c) is new.

    Section (d) is derived from former Rule 604 c.

    Section (e) is new.