Once the dust settles after a trial victory, practitioners routinely file bill of costs in an effort to recoup litigation expenditures, such as filing and service of process fees, as in De Fulvio v. Holst, 362 A.2d 1098, 1099 (Pa. Super. 1976), (“It is a general rule in our judicial system … that costs inherent in a law suit (sic) are awarded to and should be recoverable by the prevailing party.”). For personal injury attorneys representing plaintiffs, this is one last opportunity to capitalize on a successful claim usually taken on a contingency basis and net additional hundreds or sometimes thousands of dollars depending on the circumstances of the case. For defense attorneys representing an insured or policyholder, this will mark the first and last time in a litigation continuum that may have lasted years to recoup a small percentage of the costs associated with defending a claim that ultimately proved to be meritless. From the moment the jury foreperson returns to the courtroom with a verdict, counsel typically learn the winner, the loser, and in turn which party will have the opportunity to seek reimbursement of such costs provided by the local rules of civil procedure. In Philadelphia, Local Rule 227.5 provides:
Parties Entitled
Costs shall be allowed to a prevailing party except as otherwise provided by law or unless waived by a party who would otherwise be entitled thereto. A prevailing party shall include:
