(1) Costs shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the Commonwealth, its officers and agencies shall be imposed only to the extent permitted by law. In the event of a partial judgment or a judgment in which neither party prevails entirely against the other, costs shall be borne as directed by the trial court.
Rule 54.04.Costs.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 54.04 gives the prevailing party costs as a matter of course unless the court orders otherwise, requires that party to itemize and serve a bill of costs, and lets the clerk add unopposed costs to the judgment while the trial court resolves any exceptions by supplemental judgment.
Full Text of Rule 54.04
(2) A party entitled to recover costs shall prepare and serve upon the party liable therefor a bill itemizing the costs incurred by him in the action, including filing fees, fees incident to service of process and summoning of witnesses, jury fees, warning order attorney, and guardian ad litem fees, costs of the originals of any depositions (whether taken stenographically or by other than stenographic means), fees for extraordinary services ordered to be paid by the court, and such other costs as are ordinarily recoverable by the successful party. If within five days after such service no exceptions to the bill are served on the prevailing party, the clerk shall endorse on the face of the judgment the total amount of costs recoverable as a part of the judgment. Exceptions shall be heard and resolved by the trial court in the form of a supplemental judgment.
Amendment History
(Amended October 18, 1977, effective January 1, 1978; amended February 14, 1978, effective March 1, 1978; amended July 1, 1987, effective January 1, 1988.)
Plain-English Summary
Rule 54.04 handles who pays the costs of running a lawsuit apart from attorney's fees - filing fees, service fees, jury fees, deposition costs, and similar expenses. The party who wins gets those costs as of course, the default outcome, unless the court directs a different result. Costs against the Commonwealth and its officers or agencies are allowed only to the extent the law permits. When a judgment is partial or neither side prevails entirely, the trial court decides how the costs get divided.
To collect, the winning party prepares an itemized bill of costs and serves it on the party who owes them. The rule lists what belongs on that bill: filing fees, fees for serving process and summoning witnesses, jury fees, warning order attorney and guardian ad litem fees, the cost of deposition originals, fees for extraordinary services the court ordered paid, and other costs ordinarily recovered by a successful party.
The other side gets five days after service of the bill to file exceptions. If none come in, the clerk endorses the total on the face of the judgment, and it becomes part of the judgment. If exceptions are filed, the trial court hears and resolves them, and the result comes out as a supplemental judgment.
Frequently Asked Questions
Who pays court costs in a Kentucky civil case?
Rule 54.04 gives costs to the prevailing party as of course unless the court directs otherwise. Costs against the Commonwealth, its officers, or its agencies are allowed only to the extent the law permits, and when a judgment is partial or no party prevails entirely, the trial court decides how costs are divided.
How does a winning party collect costs after a Kentucky judgment?
The prevailing party prepares and serves an itemized bill of costs covering items like filing fees, service fees, jury fees, warning order attorney and guardian ad litem fees, and deposition costs. If the other side does not serve exceptions within five days, the clerk endorses the total on the judgment.
What happens if someone objects to a bill of costs?
If exceptions to the bill of costs are served within five days, the trial court hears and resolves them, and the outcome is entered as a supplemental judgment rather than an endorsement by the clerk.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 54.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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