In civil actions, the party prevailing shall recover his costs against the other party, unless otherwise provided in these rules or by law.
Rule 77.01.Costs--Recovery in Civil Actions.
Part I · Rule 77: Costs · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 77.01 makes the prevailing party in a civil action the one who recovers costs from the other side, unless some other rule or statute says the costs should fall differently.
Full Text of Rule 77.01
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 77.06.
Plain-English Summary
Rule 77.01 states the default rule for who pays the bill for running a lawsuit. The party who wins gets to collect its costs from the party who lost. It is a short rule, but it sets the baseline that every other cost rule in this chapter builds on.
The rule is not absolute. It applies "unless otherwise provided in these rules or by law," which means a specific rule or statute can shift costs a different way for a particular type of case. Rule 77.04's offer-of-judgment provision is one example: it can shift costs onto a party who turns down a reasonable settlement offer and then does worse at trial than the offer would have given them.
"Costs" here means the court-related charges of litigation — filing fees, service fees, witness fees, and similar expenses tied directly to prosecuting or defending the case. It is a narrower category than the total expense of hiring a lawyer, and Missouri handles attorney's fees through separate law instead of through this cost-shifting rule.
In practice, a party does not need to prove fault or bad faith to recover costs. Prevailing on the merits is what triggers the rule. The mechanics of presenting and reviewing a bill of costs are covered in Rule 77.05, and enforcement of an unpaid cost award is covered in Rule 77.06.
Frequently Asked Questions
What does 'costs' mean under Rule 77.01?
It refers to court-related litigation expenses such as filing fees, service of process fees, and witness fees — not the fees a party pays its own attorney.
Does the prevailing party need to ask for costs, or are they automatic?
The rule directs that the prevailing party recovers costs, but a party still typically presents a bill of costs so the amount is fixed and can be reviewed under Rule 77.05.
Can a losing party avoid paying costs entirely?
Only if another rule or statute changes the outcome for the type of claim involved. Absent such an exception, the rule applies as written.
Does this rule decide who pays attorney's fees?
No. It addresses court costs only. Attorney's fees are governed by separate Missouri law and are not part of the costs recoverable under this rule.
What happens to costs if a case settles before trial?
Rule 77.01 speaks to the party that prevails in the civil action. A settlement typically resolves cost responsibility by agreement between the parties instead of by court order under this rule.
How does an offer of judgment interact with Rule 77.01?
Rule 77.04 can override the default outcome by shifting costs onto a party who rejects an offer of judgment and then fails to do better at trial.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: costs recovery civil actionprevailing party costswho pays court costscost shifting rulewinner pays costsMissouri Rule 77.01