What must a successful defendant do concerning costs in a civil trial?

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In a civil trial, a successful defendant has the right to seek an order for costs from the plaintiff, which is why the option to request costs is the correct choice. The courts generally operate under the 'loser pays' principle, meaning that the unsuccessful party is usually responsible for the legal costs incurred by the successful party. To obtain these costs, the successful defendant must formally make a request, often through a motion, as costs are not automatically awarded without such an application.

This process is meant to ensure that the party who prevails can recover some or all of their legal expenses, while also allowing the court to consider the circumstances of the case in deciding how costs should be awarded. A request would typically include supporting arguments for why costs should be paid and may involve negotiation of the amount based on relevant factors, such as the complexity of the case or behavior of the parties involved.

The other options are not suitable because costs are not automatically awarded without a request, nor can they be negotiated directly with the judge in a manner implying private discussion or influence. Additionally, the successful defendant is not responsible for paying the plaintiff's upfront costs; rather, the expectation is that the loser will eventually cover the costs following the trial's outcome.

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