Does a plaintiff have standing in an action for cost of suit in cases where a fee waiver is granted to plaintiff? Or is it the court who will have to order the defendant to pay for the fees it effectively advances to the plaintiff?
Background
As suggested per the comments:
“According to the California info sheet, "If you win your case in the trial court: In most circumstances the other side will be ordered to pay your waived fees and costs to the court."”
I could think of multiple reasons that would seem reasonable to praying for costs of suit:
Since financial circumstances may change during the course of a suit, a plaintiff may become capable of paying the court fees, and by the end of a trial, they may have actually paid, at least partially, the court fees — may be in that case the Complaint needs to be amended which has its downsides, and may or may not need the defendants consent, but I would imagine you would need standing in the matter;
Based on the California info sheet on fee waivers, it does not seem impossible that in the exceptions when the court would not order the other party to pay, whatever they may be, the court may (or may not) deem you to owe the court fees, and it may be beneficial to have had an action sought for them therefore;
Very simply: If one doesn’t do that at the begging even if they have their fees waived from the outset, I don’t see it difficult to imagine that one may lose their right to eventually not be liable for those waived fees.
