Group VIII: Judgment · Last amended October 1, 2013 · Last verified July 14, 2026
In one sentenceRule 45 lets the prevailing party recover costs as of course, has the clerk tax routine court and service fees on request, and lists allowable costs, including witness fees, transcript costs, and discretionary expert-witness expenses reasonably necessary to the litigation.
(a)Costs. Costs shall be allowed as of course to the prevailing party as provided by these rules, unless the court otherwise directs.
(1)Taxation of Costs. Upon written request, the clerk shall tax costs in any case, which shall include the fees of the court and fees for service of process which are documented in the court file.
(2)Any party claiming other allowable costs shall file a motion to allow costs together with an itemized, verified bill of all costs requested, to be ruled upon by the court. Any party aggrieved by the court's order concerning costs may appeal therefrom within 30 days from the date of notice of such order, regardless of whether an appeal concerning the underlying judgment is sought.
(b)Allowable Costs. The following costs shall be allowed to the prevailing party: Fees of the court, fees for service of process, witness fees, expense of view, cost of transcripts, and such other costs as may be provided by law. The court, in its discretion, may allow the stenographic cost of an original transcript of a deposition, plus one copy, including the cost of videotaping, and may allow other costs including, but not limited to, actual costs of expert witnesses, if the costs were reasonably necessary to the litigation.
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
Costs are allowed as of course to the prevailing party under Rule 45, unless the court directs otherwise. On written request, the clerk taxes costs that include the fees of the court and fees for service of process documented in the court file. A party seeking other allowable costs files a motion with an itemized, verified bill of the costs requested, for the court to rule on. A party unhappy with the court's costs order can appeal it within 30 days of notice of that order, regardless of whether an appeal of the underlying judgment is also being pursued.
The rule lists what's allowed: fees of the court, fees for service of process, witness fees, the expense of a view, the cost of transcripts, and other costs provided by law. The court also has discretion to allow the stenographic cost of an original deposition transcript plus one copy, including the cost of videotaping, and other costs, such as actual expert witness costs, if those costs were reasonably necessary to the litigation.
Frequently Asked Questions
Who gets to recover costs after winning a case?
The prevailing party recovers costs as of course, unless the court directs otherwise.
How do I get routine costs like court and service fees taxed?
Submit a written request to the clerk, who taxes costs that include the fees of the court and fees for service of process documented in the court file.
What if I want to recover costs beyond court and service fees?
File a motion to allow costs, along with an itemized, verified bill of all the costs requested, for the court to rule on.
Can I appeal a costs order separately from the underlying judgment?
Yes. A party aggrieved by the court's order on costs may appeal within 30 days from the date of notice of that order, regardless of whether an appeal of the underlying judgment is sought.
Are expert witness fees recoverable as costs?
The court, in its discretion, may allow actual costs of expert witnesses if those costs were reasonably necessary to the litigation.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:prevailing party costs NHbill of costs superior courttaxation of costs ruleexpert witness fee recoveryappeal of costs order