(a) Allowance and allocation. — Unless otherwise provided by rule, law, or order of court, the prevailing party is entitled to costs. The court, by order, may allocate costs among the parties If the clerk has any question regarding the allocation of costs, including which party is the prevailing party, the court shall determine the matter.
Rule 2-603.Costs
Circuit Court · Last amended January 1, 2016 · Last verified July 13, 2026
In one sentenceRule 2-603 tells the clerk and the court how to award and calculate costs after a Maryland civil judgment, and lets indigent parties in domestic relations cases ask to have costs waived.
Full Text of Rule 2-603
(b) Assessment by the clerk. —
(1) The clerk shall assess as costs (A) all fees of the clerk, (B) all fees of the sheriff that have been reported to the clerk by the sheriff or a party, and, (C) in proceedings under Title 7, Chapter 200 of these Rules, the costs specified by Rule 7-206 (b).
(2) On written request of a party filed within 15 days after the later of the entry of judgment or the entry of an order denying a motion filed under Rules 2-532, 2-533, or 2-534, the clerk shall assess other costs prescribed by rule or other law.
(3) The clerk shall notify each party of the assessment in writing. On motion of any party filed within ten days after the notice is issued, the court shall review the action of the clerk.
(c) Assessment by the court. — When the court orders or requests a transcript or, on its own initiative, appoints an expert or interpreter, the court may assess as costs some or all of the expenses or may order payment of some or all of the expenses from public funds. On motion of a party and after hearing, if requested, the court may assess as costs any reasonable and necessary expenses, to the extent permitted by rule or law.
(d) Joint liability. — When an action is brought for the use or benefit of another as provided in Rule 2- 201, the person for whom the action is brought and the person bringing the action, except the State of Maryland, shall be liable for the payment of any costs assessed against either of them.
(e) Waiver of costs in domestic relations cases — Indigency. — In an action under Title 9, Chapter 200 of these Rules, the court shall grant a final waiver of open costs, including any compensation, fees, and costs of a magistrate or examiner if the court finds that the party against whom the costs are assessed is unable to pay them by reason of poverty. The party may seek the waiver at the conclusion of the case by filing a request for a final waiver of open costs, together with (1) an affidavit substantially in the form prescribed by Rule 1-325 (e)(1)(A), or (2) if the party was granted a waiver of prepayment of prepaid costs by court order pursuant to Rule 1-325 (e) and remains unable to pay the costs, an affidavit that recites the existence of the prior waiver and the party’s continued inability to pay.
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; June 4, 1991, effective July 1, 1991; Jan. 20, 1999, effective July 1, 1999; Dec. 16, 1999, effective Jan. 1, 2000; Oct. 17, 2013, effective Jan. 1, 2014; March 3, 2015, effective July 1, 2015; September 17, 2015, effective January 1, 2016; December 7, 2015, effective January 1, 2016.
Committee Note & Source
Cross references. Code, Courts Art., § 7-202.
Committee note. The clerk may include with the assessment an invoice for open costs, directed to the party responsible for payment.
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 604 a.
Section (b) is in part new and in part derived from former Rule 604 a.
Section (c) is new.
Section (d) is derived from former Rule 604 c.
Section (e) is new.
Plain-English Summary
Unless a rule, statute, or court order says otherwise, the party who wins is entitled to costs, and the court steps in if there's any dispute over who counts as the prevailing party or how costs should be split among the parties. The clerk automatically assesses the routine costs — clerk's fees and any sheriff's fees that have been reported — without anyone having to ask. To recover other costs allowed by rule or law, a party has to file a written request within 15 days after judgment enters or after the court denies a post-trial motion under Rule 2-532, 2-533, or 2-534. The clerk notifies everyone in writing once costs are assessed, and any party can ask the court to review that assessment within ten days.
Beyond the clerk's routine tally, the court itself can assess costs for things it ordered or requested, like a transcript, or an expert or interpreter it appointed — or it can order those expenses paid from public funds instead. A party can also ask the court, after a hearing if one is requested, to assess other reasonable and necessary expenses permitted by rule or law. When an action is brought for someone else's use or benefit under Rule 2-201, both the party bringing the case and the person it benefits can be held liable for costs, though the State of Maryland is exempt from that joint liability. And in domestic relations cases, a party who can show an inability to pay by reason of poverty can ask the court, at the end of the case, for a final waiver of open costs, backed by an affidavit or a renewal of an earlier prepayment waiver.
Frequently Asked Questions
Who pays court costs after a Maryland civil judgment?
The prevailing party is entitled to costs, unless a rule, law, or court order provides otherwise. If there's a dispute over who prevailed or how to allocate costs, the court decides.
How do I request costs beyond the standard clerk and sheriff fees?
File a written request with the clerk within 15 days after the later of the judgment's entry or an order denying a motion under Rule 2-532, 2-533, or 2-534.
Can I challenge the clerk's assessment of costs?
Yes. File a motion within ten days after the clerk issues written notice of the assessment, and the court will review it.
Who pays for a transcript the court ordered on its own?
The court can assess some or all of that expense as costs, or order it paid from public funds, when the court itself ordered or requested the transcript or appointed an expert or interpreter.
Can costs be waived in a divorce or custody case?
Yes. In a domestic relations case under Title 9, Chapter 200, the court must grant a final waiver of open costs if the party shows an inability to pay by reason of poverty, supported by an affidavit.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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