Unless the judgment provides otherwise, costs shall be paid by the party cast, and may be taxed by a rule to show cause. Except as otherwise provided by law, the court may render judgment for costs, or any part thereof, against any party, as it may consider equitable.
Art. 1920.Costs; Parties Liable; Procedure For Taxing
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 3. Rendition · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1920 makes the losing party pay court costs by default unless the judgment says otherwise, lets the court allocate costs against any party as it considers equitable, and lets costs be taxed, meaning fixed at a specific dollar amount, through a rule to show cause.
Full Text of Art. 1920
Plain-English Summary
Article 1920 states the default rule for who pays the costs of a Louisiana lawsuit: the party cast, meaning the party who lost, unless the judgment itself provides otherwise. Costs generally cover the expenses of litigating the case, such as filing fees and other charges tied to bringing the matter to judgment.
That default is not rigid. The second sentence gives the court discretion to render judgment for costs, or for part of them, against whichever party the court considers equitable given how the case played out, such as when each side prevailed on different issues. A strict loser-pays outcome is the starting point, not the only possible result.
Fixing the exact dollar amount often happens separately from the underlying judgment, through a process the article calls taxing costs. A party can bring a rule to show cause, a summary court proceeding, to establish and document the specific costs owed before the court sets the final figure. The judgment may decide who is liable for costs well before anyone has worked out precisely how much that is.
Frequently Asked Questions
Who pays the costs of a lawsuit in Louisiana by default?
The losing party, called the party cast, unless the judgment provides otherwise. Article 1920 sets that as the default rule.
Can a judge split litigation costs between both sides instead of making the loser pay everything?
Yes. Article 1920 gives the court discretion to render judgment for costs, or any part of them, against any party, as the court considers equitable under the circumstances of the case.
What does it mean to tax costs under Article 1920?
It means fixing the specific dollar amount of costs owed, which happens through a rule to show cause, a summary court proceeding separate from the underlying judgment on the merits.
Does the judgment always state the exact dollar amount of costs owed?
Not necessarily. The judgment often decides who is liable for costs, while the specific amount gets established later through the rule-to-show-cause procedure Article 1920 describes.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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