In all civil cases in any of the courts of this state, except as otherwise provided, the party who dismisses, loses, or is cast in the action shall be liable for the costs thereof.
§ 9-15-1.Which party liable for costs
Chapter 15. Court and Litigation Costs · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-15-1 sets Georgia’s default rule for court costs: unless another statute says otherwise, the party who dismisses a case, loses it, or is cast in the action bears the costs of that action.
Full Text of § 9-15-1
Plain-English Summary
Every lawsuit generates costs — filing fees, service fees, witness fees, and the like — and someone has to pay them once the case ends. Code Section 9-15-1 answers that question with a default rule: the party who dismisses the action, loses it, or is “cast” in it (an older term for coming out on the losing end) is liable for the costs. That rule has carried forward, largely unchanged in substance, through a chain of code revisions dating back to the 1860s.
The opening clause — “except as otherwise provided” — matters as much as the rule itself. The rest of this chapter carves out exceptions and refinements: indigent litigants can avoid paying costs up front, nonresident plaintiffs and their attorneys face extra exposure, and contract or personal-injury verdicts under set dollar amounts trigger special cost caps. This section is the backdrop those later provisions modify.
It’s worth keeping “costs” distinct from attorney’s fees. This section allocates the routine expenses of running a case through the court system — clerk’s fees, sheriff’s fees, witness fees — not the winning side’s legal bills. A litigant looking to shift attorney’s fees needs a separate statutory hook, such as the frivolous-litigation provisions found later in this chapter.
Frequently Asked Questions
Who has to pay court costs when a Georgia civil case ends?
Under the default rule, whichever party dismisses the action, loses it, or is cast in it is liable for the costs, unless another statute changes that result.
Does this section make the losing side pay the winner’s attorney’s fees?
No. This section covers court costs — filing fees, service fees, witness fees, and similar charges — not attorney’s fees. Shifting attorney’s fees requires a separate statutory basis, such as the frivolous-litigation fee provisions elsewhere in this chapter.
What does it mean to be “cast” in an action?
“Cast” is an older legal term for losing the case — coming out on the unsuccessful end of the judgment. The statute treats being cast the same as losing for cost purposes.
Are there exceptions to this default cost rule?
Yes. The phrase “except as otherwise provided” signals that other statutes in this chapter and elsewhere adjust who pays costs, including rules for indigent litigants, nonresident plaintiffs, and verdicts under specific dollar thresholds.
If I voluntarily dismiss my own lawsuit, am I liable for costs?
Yes. The statute lists the party who dismisses the action, along with the party who loses or is cast in it, as liable for the costs.
Amendment History
Orig. Code 1863, § 3601; Code 1868, § 3625; Code 1873, § 3675; Code 1882, § 3675; Civil Code 1895, § 5385; Civil Code 1910, § 5980; Code 1933, § 24-3401.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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