Which Party Liable for Costs

Checkout our iOS App for a better way to browser and research.

In all civil cases in any of the courts of this state, except as otherwise provided, the party who dismisses, loses, or is cast in the action shall be liable for the costs thereof.

(Orig. Code 1863, § 3601; Code 1868, § 3625; Code 1873, § 3675; Code 1882, § 3675; Civil Code 1895, § 5385; Civil Code 1910, § 5980; Code 1933, § 24-3401.)

OPINIONS OF THE ATTORNEY GENERAL

Payment by Board of Offender Rehabilitation of costs in habeas corpus cases brought against wardens of the various institutions should only be done upon compliance by the clerk of the taxing court with the statutory provisions; such compliance is not established by the rendering of a statement of account. 1969 Op. Att'y Gen. No. 69-218.

RESEARCH REFERENCES

7C Am. Jur. Pleading and Practice Forms, Costs, § 1 et seq.

ALR.

- Right to costs where judgment is against plaintiff on his complaint and against defendant on his counterclaim, 75 A.L.R. 1400.

Award of costs to defendant on causes of action where claims of some, but not all, of coplaintiffs were successful, 68 A.L.R.2d 1058.

Liability of state, or its agency or board, for costs in civil action to which it is a party, 72 A.L.R.2d 1379.

Liability insurer's liability for interest and costs on excess of judgment over policy limit, 76 A.L.R.2d 983.

Taxable costs and disbursements as including expenses for bonds incident to steps taken in action, 90 A.L.R.2d 448.

Allowance of attorney's fees in civil contempt proceedings, 43 A.L.R.3d 793.

Dismissal of plaintiff's action as entitling defendant to recover attorneys' fees or costs as "prevailing party" or "successful party,", 66 A.L.R.3d 1087.

Who is the "successful party" or "prevailing party" for purposes of awarding costs where both parties prevail on affirmative claims, 66 A.L.R.3d 1115.

Continuance of civil case as conditioned upon applicant's payment of costs or expenses incurred by other party, 9 A.L.R.4th 1144.


Download our app to see the most-to-date content.