What are costas procesales ?

A translation client recently asked me what is meant by costas. Costas procesales are “court costs,” expenses arising in litigation, and in Spain include, among others, the following:

  • honorarios del abogado/letrado (attorney’s fees, also called “lawyer’s fees” or “legal fees”)
  • derechos del procurador (party agent’s fees)*
  • derechos de peritos (expert witness fees)
  • indemnizaciones a testigos (witness fees)
  • tasas judiciales (filing fees), and
  • derechos arancelarios de registradores y notarios (registrars’ and notaries’ fees—for certifications, certified copies, etc.)

It should be noted that in Spanish the losing party is “ordered to pay costs” (condenada en costas). But in English this concept is generally expressed from the perspective of the prevailing or successful party who is “awarded costs” (literally, premiada con las costas), which will be borne by the losing party. In this context, condena en costas may be rendered as “costs order,” “order for costs,” “order to pay costs,” or from the Anglo-American perspective, “award of costs.”

*For more ways to translate procurador see: https://rebeccajowers.com/2017/01/18/what-is-a-procurador/

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