Litigation out-of-pocket costs are the bills a business pays in addition to its lawyer’s fees. They can include court charges, service fees, recording charges, deposition costs, and witness fees. Here is how those costs break down for Florida business disputes.
What out-of-pocket costs beyond attorney fees, such as court filing fees, recording costs, or witness and deposition expenses, should a claimant budget for?
Beyond attorney fees, a business claimant should budget for court and clerk filing fees, service of process, recording costs, deposition and transcript charges, and witness or consultant fees. Mediation and arbitration administrative fees can also apply.
These costs fall into three groups. The first is fees paid to courts and clerks. The second is fees for gathering and preserving evidence. The third is fees for testimony and technical support.
This list covers common Florida business litigation costs, but it is not complete for every matter. The total depends on the facts of the dispute. Rates and charges also vary by provider.
According to the National Center for State Courts, commercial and civil litigation involves costs, delays, complexity and unpredictability.
If you want to walk through these cost categories for your own dispute, reach out to Ayala Law PA or call (305) 570-2208. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Court Filing, Service, and Recording Costs
Court filing, service, and recording costs are what a business pays to start a case and put papers on the record. Clerk filing fees depend on the court and the type of claim. You can pay them early, long before any judgment.
Service of process means delivering the lawsuit to the other side. A sheriff or a private process server can do this, and each charges a fee. Serving an out-of-state or foreign party often costs more because the papers travel farther.
In construction and real estate disputes, recording is often a cost too. A business may record a claim of lien or a lis pendens notice with the Hillsborough County Clerk of Court. Each recording carries a charge that you pay before any judgment.
Copies add up as well. Certified copies, exhibit copies, and motion filing charges can grow over a case. Keep a running log of every receipt from day one.
Deposition, Transcript, and Records Costs
Deposition and records costs can grow quickly when a dispute involves many business documents. Court reporter fees cover the appearance and the transcript. Each party that wants a copy of the transcript pays for its own.
Video depositions, interpreter fees, and subpoenaed records add more. Bank statements, job files, and accounting ledgers cost money to pull, copy, and produce. Electronic discovery adds vendor charges for hosting, processing, and producing large volumes of email and project files.
Many business owners treat records as simple to gather. In practice, pulling invoices, emails, and job logs takes staff time and often vendor work. Start a list of where your records live early.
Shareholder and partnership disputes can involve large records requests. Florida law lets a court order a corporation to allow a shareholder to inspect and copy records in the situations the statute covers. The court may also order the corporation to pay the shareholder’s expenses, including reasonable attorney fees, incurred to obtain that order. The court can set limits on how those records are used. See § 607.1604.
Witness, Consultant, and Cross-Border Costs
Witness and consultant costs include witness fees, travel, and the fees of engineers, accountants, or appraisers who support a contract, lien, or damages claim. Cross-border disputes can add translation, foreign service, and travel costs.
Subpoenaed witnesses and testifying witnesses can charge fees and travel costs. Technical support often adds more. Construction scheduling consultants, accountants, and appraisers each charge for their work.
International trade and foreign-party disputes add their own items. Documents may need translation. Foreign parties may need service abroad. Depositions or hearings may require travel.
Mediation has its own cost. Florida law says a court must, on one party’s request, refer a filed civil action for monetary damages to mediation. That applies when the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, subject to the exceptions listed in the statute. See § 44.102. Arbitration brings its own administrative fees and arbitrator pay, which differ by forum and rules.
Recovery is a separate question. Under Florida law, each party generally bears its own attorney’s fees unless a contract or statute provides otherwise. A contract fee clause can change that. Under § 57.105(7), if a contract contains a provision allowing attorney’s fees to a party required to take action to enforce the contract, a court may also allow reasonable fees to the other party when that party prevails in an action on the contract. Settlement offers can also shift costs. Under § 768.79, if a defendant’s offer of judgment is not accepted by the plaintiff within 30 days and the judgment is no liability or at least 25 percent less than the offer, the defendant can recover reasonable costs and attorney’s fees from the offer date, unless the court, in its discretion, determines that the offer was not made in good faith; a plaintiff’s demand not accepted within 30 days works the same way if the judgment is at least 25 percent greater than the demand.
Planning a Litigation Cost Budget With Ayala Law PA
A cost budget is easiest to build once the dispute’s basic facts, the forum, and the likely records are clear. If you have a demand letter, a lien notice, or a shareholder complaint, you may be trying to estimate what comes next beyond attorney fees.
Ayala Law PA focuses on commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation. The firm represents businesses in Tampa, Hillsborough County, and the Tampa Bay area from its office at 1646 W Snow Ave in Tampa. Eduardo A. Maura is the lawyer responsible for this page.
If you want to walk through these cost categories for your own dispute, reach out to Ayala Law PA or call (305) 570-2208.
Frequently asked questions
What costs do you pay besides attorney fees in a Florida lawsuit?
Common examples are court and clerk fees, service of process, recording charges, deposition and transcript costs, and witness or consultant fees.
Who pays the costs at the end of a Florida business lawsuit?
Each side generally pays its own attorney’s fees unless a contract or statute says otherwise. How other costs are handled in a dispute often depends on the forum and the terms of the contract, so those terms are worth reviewing early.
