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West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 2. Civil Procedure--Circuit Court
Chapter 600. Judgment
MD Rules, Rule 2-603
(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.


[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.]
MD Rules, Rule 2-603, MD R RCP CIR CT Rule 2-603
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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