(a) Parties Entitled. Unless otherwise provided by law, these rules or court order, costs shall be allowed as of course to the prevailing party. The action of the clerk in taxing costs is reviewable by the court on motion.
Rule 4:42-8.Costs
Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:42-8 allows costs as of course to the prevailing party unless a law, rule, or court order says otherwise, sets special rules for replevin and quiet-title defendants, and requires an affidavit proving the costs were necessarily incurred.
Full Text of Rule 4:42-8
(b) Defendants in Certain Actions. Costs shall be allowed against a defaulting defendant in a replevin action only if the defendant has refused to deliver the subject goods and chattels pursuant to written demand therefor made before commencement of the action. Costs shall not be allowed against a defendant in a quiet title action who defaults or files an action disclaiming any right in the subject property, and a defendant in such action who denies in the answer claiming or ever having claimed any right in the subject property may, by court order, be allowed costs.
(c) Proof of Costs. A party entitled to taxed costs shall file with the clerk of the court an affidavit stating that the disbursements taxable by law and therein set forth have been necessarily incurred and are reasonable in amount, and if incurred for the attendance of witnesses, shall state the number of days of actual attendance and the distance traveled, if mileage is charged. Such costs may include fees paid to a private person serving process pursuant to R. 4:4-3, but not in an amount exceeding allowable sheriff’s fees for that service.
(d) Effective Date. If a court allows costs to be taxed later than 6 months after entry of a judgment or order, or when the judgment or order becomes the subject of review or further litigation later than 6 months after it has been finally disposed of, the judgment for costs shall not take effect before the entry in the civil docket.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:556(a)(b)(c)(d)(e), 7:96 (last sentence); paragraph (b); amended July 13, 1994 to be effective September 1, 1994; paragraph (c); amended July 12, 2002 to be effective September 3, 2002.
Plain-English Summary
Winning a case ordinarily means winning costs too. Unless a statute, these rules, or a court order provides otherwise, costs go to the prevailing party as of course, and a party who disagrees with how the clerk taxed those costs can ask the court to review it.
Two claim types get special treatment: a defaulting replevin defendant owes costs only if that defendant refused to hand over the goods after a written demand, while a quiet-title defendant who defaults or disclaims any interest owes no costs at all — though one who denies ever claiming an interest can still be awarded costs by court order. Whoever collects taxed costs must back them up with an affidavit showing the expenses were necessarily incurred and reasonable, including witness attendance and mileage, and a judgment for costs generally has to take effect within six months of the underlying judgment.
Frequently Asked Questions
Is the prevailing party automatically entitled to costs in New Jersey?
Yes, as of course, unless a law, these rules, or a court order provides otherwise; the clerk's decision on taxing costs can be reviewed by the court on motion.
Does a defaulting defendant in a replevin action always owe costs?
No. Costs are allowed against that defendant only if the defendant refused to deliver the disputed goods after a written demand made before the action began.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:42-8). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: taxation of costsprevailing party costsbill of costs