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Forum URL: http://www.webbsleuths.com/cgi-bin/dcf/dcboard.cgi
Forum Name: Ramsey evidence
Topic ID: 63
Message ID: 3
#3, "Costs"
Posted by NewYorkLawyer on Apr-11-02 at 04:33 AM
In response to message #2
To put an end to speculation as to what Judge Thrash's decision means when he grants the Ramseys "costs", this is what the normal meaning of the word is in lawsuits.<P>First, what the word "costs" DOESN'T mean: The Ramseys cannot recover their attorneys' fees. Fair or not, in this country, unless a judge specifically says in his opinion or judgment that "attorneys fees are costs", there is no such recovery. That is because America, unlike England, has a tradition of rarely awarding attorneys' fees to the prevailing party in a lawsuit.<P>Second, "costs" generally mean "filing fees" (there were none for the Ramseys, since Linda Hoffmann-Pugh's attorneys had to pay the $150 filing fee when she brought her libel suit); or witness fees for experts or lay people (there were none, since there had not been any discovery taken, unlike the Wolf case, in which there have been several depositions); or transcripts for depositions (again there were none); or "reproduction" costs, such as photocopying of briefs, etc. (again, very minor costs, since the only papers photocopied by the Ramseys were their motion to dismiss and some miscellaneous court papers.)<P>In all, even with the inflated prices law firms charge, the total costs associated with this case should be no more than a couple of hundred dollars, all of which will be paid for by Linda Hoffmann-Pugh's attorneys.