TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 51. COSTS


In a court of law, whether of original jurisdiction or of error, upon a voluntary or involuntary discontinuance or dismissal of the action, there shall be judgment for costs for the defendant. Generally a party for whom final judgment in any civil action, or on a writ of error upon a judgment is given in such action, shall recover, against the adverse party, costs of suit, to be awarded by the court.

Code 1852, § 2525; Code 1915, § 4444; Code 1935, § 4902; 10 Del. C. 1953, § 5101.;

Wherever suit is brought in any civil action, excepting action where the venue is by law local, against any citizen of this State, in any other county than that wherein such citizens resides at the time of the inception thereof, the plaintiff shall not recover costs and such costs shall not be payable by the defendant nor collectible by execution process.

17 Del. Laws, c. 623, § 1; Code 1915, § 4445; Code 1935, § 4903; 10 Del. C. 1953, § 5102; 64 Del. Laws, c. 274, § 1; 65 Del. Laws, c. 42, § 2; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 17, § 1.;

In all cases of writs of prohibition or of writs of mandamus, the costs of each case shall be taxed by the court having jurisdiction of the cause, as it deems equitable and just.

21 Del. Laws, c. 306; Code 1915, § 4446; Code 1935, § 4904; 10 Del. C. 1953, § 5103.;

If final judgment is given for the defendant in a civil action, which is in the name of the State for the use of any person or corporation, judgment for costs shall be given against such person or corporation.

Code 1852, § 2526; Code 1915, § 4447; Code 1935, § 4905; 10 Del. C. 1953, § 5104.;

Concerning costs on petitions, motions, rules and interlocutory matters not specially provided for, the court shall make such order in each case as it deems proper.

Code 1852, § 2527; Code 1915, § 4448; Code 1935, § 4906; 10 Del. C. 1953, § 5105.;

The Court of Chancery shall make such order concerning costs in every case as is agreeable to equity.

Code 1852, § 2528; Code 1915, § 4449; Code 1935, § 4907; 10 Del. C. 1953, § 5106.;

Upon affirmance of a judgment in the Supreme Court, the costs of the defendant in error or appellee shall be added, by way of increase, to his or her costs in the first judgment, and be a part of the judgment. The amount may be stated accordingly in the process and pleadings.

Code 1852, § 2529; Code 1915, § 4450; Code 1935, § 4908; 10 Del. C. 1953, § 5107; 70 Del. Laws, c. 186, § 1.;

In any proceeding before a judge, the Chancellor, or Vice-Chancellor, out of court, there may be allowed for the service of process or the attendance of witnesses a reasonable fee, not exceeding what is allowable for like service or attendance in proceedings before a justice of the peace. The judge, Chancellor, or Vice-Chancellor may make such order for the payment thereof as he or she considers just, and enforce obedience by attachment.

Code 1852, § 2530; Code 1915, § 4451; Code 1935, § 4909; 10 Del. C. 1953, § 5108; 70 Del. Laws, c. 186, § 1.;

If any person brings a suit in the Superior Court upon a cause of action cognizable before a justice of the peace under § 9301 of this title and recovers not more than $50, besides costs, such person shall not recover costs; unless he or she or some credible person has previously filed in the office of the prothonotary a written affidavit to the effect that the plaintiff has a just cause of action against the defendant exceeding in amount $50.

Code 1852, § 2531; Code 1915, § 4452; Code 1935, § 4910; 10 Del. C. 1953, § 5109; 70 Del. Laws, c. 186, § 1.;

(a) Upon an appeal from a justice of the peace, the party recovering judgment on the appeal, shall, as a part of the judgment, recover such party's costs, as well as those before the justice as those upon the appeal, subject to the provisions of subsections (b) and (c) of this section.

(b) If a party appealing from a justice of the peace on the special ground of the party's demand or a part thereof being disallowed, shall not establish a demand exceeding what was allowed to the party before the justice by at least the smallest sum for the disallowance whereof the party had the right of appeal, the party shall not recover his or her costs on the appeal, and shall pay the appellee's costs on the appeal.

(c) If a party appealing on the ground referred to in subsection (b) of this section establishes a demand exceeding what was allowed to such party before the justice by such smallest sum, then the appellee, although there may be still a sum due to him or her, shall recover no costs on the appeal.

Code 1852, §§ 2532-2534; Code 1915, §§ 4453-4455; Code 1935, §§ 4911-4913; 10 Del. C. 1953, § 5110; 70 Del. Laws, c. 186, § 1.;

If upon a certiorari, a judgment, given by a justice, is reversed, the plaintiff in the certiorari shall recover his or her costs. If such judgment is affirmed, costs shall be awarded to the defendant in the certiorari, except where the only exception being to the execution below, such exception is allowed; in which case, the plaintiff in the certiorari shall recover costs.

Code 1852, § 2535; Code 1915, § 4456; Code 1935, § 4914; 10 Del. C. 1953, § 5111; 70 Del. Laws, c. 186, § 1.;

Within 20 days after the rendering of judgment or other determination of any cause or action in the Supreme Court, Superior Court, or Court of Chancery, the clerk, prothonotary, or register of the court shall enter upon the docket of such cause, action, or prosecution, or in a separate fee book kept for that purpose, a full bill of the costs therein, setting forth distinctly each item of the fees of every officer and person, so far as the same are known to him or her or he or she has in his or her office the means of ascertaining the same.

Code 1852, § 2536; Code 1915, § 4457; Code 1935, § 4915; 10 Del. C. 1953, § 5112; 70 Del. Laws, c. 186, § 1.;

Upon every execution, order, or process in the nature of an execution, whereby costs are to be levied and made, the clerk, prothonotary, or register, issuing the same, shall indorse all costs up to the time of the issue, showing distinctly each item of the sheriff's fees, the amount of the fees of every other officer and person, and the names of the officers and persons respectively to whom such fees are due. The fees of the jury and bailiff, and of referees, may be endorsed in the aggregate under those heads.

Code 1852, § 2537; Code 1915, § 4458; Code 1935, § 4916; 10 Del. C. 1953, § 5113.;

If any clerk, prothonotary, or register refuses or neglects to perform any of the duties enjoined upon him or her respectively by §§ 5112, 5113 of this title, he or she shall be fined $30.

Code 1852, § 2539; Code 1915, § 4460; Code 1935, § 4918; 10 Del. C. 1953, § 5115; 70 Del. Laws, c. 186, § 1.;

Each court shall, upon application of a party interested, and reasonable notice to the adverse party, revise any bill of costs entered upon the docket of such court; and also any return or endorsement of fees upon any order or process of the court; and also any bills of fees demanded for services in such court, or for the execution of the order or process thereof; and shall correct any errors appearing upon such revision.

Code 1852, § 2540; Code 1915, § 4461; Code 1935, § 4919; 10 Del. C. 1953, § 5116.;

The costs in adoption proceedings shall be taxed by the court on the persons making the application.

Code 1915, § 4464; Code 1935, § 4920; 10 Del. C. 1953, § 5117.;

The costs of proceedings in parentage cases shall be paid by the father, if the paternity is established; otherwise by the county.

Code 1852, § 1489; Code 1915, § 4466; Code 1935, § 4921; 10 Del. C. 1953, § 5118; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 50, § 1.;

In respect to the costs in actions for dower, the court shall exercise equitable powers.

Code 1852, § 1754; Code 1915, § 4468; Code 1935, § 4922; 10 Del. C. 1953, § 5119.;

Upon proceedings for perpetuating testimony of boundaries, each party shall bear the costs of the attendance and examination of witnesses produced by the party. All the other costs shall be paid by the petitioner.

Code 1852, § 991; Code 1915, § 4470; Code 1935, § 4923; 10 Del. C. 1953, § 5120; 70 Del. Laws, c. 186, § 1.;

Costs for services of fence viewers shall be paid by the party requiring the service, unless they award the same, or some part thereof, to be paid by some other party concerned.

Code 1852, § 1004; Code 1915, § 4471; Code 1935, § 4924; 10 Del. C. 1953, § 5121.;

Costs incurred in the payment of money into the Superior Court or in its investment shall be payable out of the fund.

16 Del. Laws, c. 526; Code 1915, § 4472; Code 1935, § 4925; 10 Del. C. 1953, § 5122.;

Upon attachments for rent, the court or justice of the peace may exercise equitable powers as to costs. If the court or justice considers that there was not sufficient ground for the attachment, the landlord shall pay costs.

11 Del. Laws, c. 621, § 56; Code 1915, § 4474; Code 1935, § 4926; 10 Del. C. 1953, § 5123.;

In proceedings for changing names, the costs shall be paid by the petitioner.

27 Del. Laws, c. 264, § 5; Code 1915, § 4475; Code 1935, § 4927; 10 Del. C. 1953, § 5124.;