THE PROCEDURE OF REIMBURSEMENT OF THE COSTS INCURRED IN A TRIAL, IN A SUBSEQUENT TRIAL
THE PROCEDURE OF REIMBURSEMENT OF THE COSTS INCURRED IN A TRIAL, IN A SUBSEQUENT TRIAL

Summary/Abstract: Costs incurred in a dispute may be claimed in that dispute or the parties may choose to claim them separately, in another trial. Although, apparently, the claim for costs after the trial in which they were incurred is not difficult, in fact, the initiation of a new litigation determines the initiation of the entire procedural mechanism related to any trial. Thus, like any other litigation, the one having as object the obligation of the defendant to pay the court expenses incurred in another case, will start by introducing the petition. The petition will have to comply with all the conditions set out in the Code of Civil Procedure, including those relating to the payment of fees. Although many issues related to the claim for costs in another case have been clarified in case law or doctrine, further practice shows us that a legal issue can never be definitively clarified. From a logistical point of view, it would clearly be preferable for the parties to claim costs in the dispute in which they were incurred, given that the judge of the case knew all aspects of the dispute directly, but also for to avoid the agglomeration of the courts with other litigations. On the other hand, given that certain costs can be determined only after the end of the proceedings, the request for costs in another litigation may be an appropriate solution.

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