CHAPTER 1. RECOVERY OF COSTS BY A PARTY
IC 34-52
ARTICLE 52. COSTS
IC 34-52-1
Chapter 1. Recovery of Costs by a Party
IC 34-52-1-1
General recovery rule
Sec. 1. (a) In all civil actions, the party recovering judgment shall
recover costs, except in those cases in which a different provision is
made by law.
(b) In any civil action, the court may award attorney's fees as part
of the cost to the prevailing party, if the court finds that either party:
(1) brought the action or defense on a claim or defense that is
frivolous, unreasonable, or groundless;
(2) continued to litigate the action or defense after the party's
claim or defense clearly became frivolous, unreasonable, or
groundless; or
(3) litigated the action in bad faith.
(c) The award of fees under subsection (b) does not prevent a
prevailing party from bringing an action against another party for
abuse of process arising in any part on the same facts. However, the
prevailing party may not recover the same attorney's fees twice.
As added by P.L.1-1998, SEC.48.
IC 34-52-1-2
Actions for money demands on contract; recoveries less than $50
Sec. 2. (a) This section applies to actions for money demands on
contract, commenced in the circuit or superior courts.
(b) Except as provided in subsection (d), if the plaintiff recovers
less than fifty dollars ($50) exclusive of costs, the plaintiff shall pay
costs, unless the judgment has been reduced below fifty dollars ($50)
by a set-off, or counter-claim, pleaded and proved by the defendant,
in which case the party recovering judgment shall recover costs.
(c) Except as provided in subsection (d), if the judgment is
reduced below fifty dollars ($50) by proof of payments, the
defendant shall recover costs.
(d) If one (1) or more defendants, necessary to a full
determination of the cause:
(1) are nonresidents of the county in which the suit is brought
but are residents of the state of Indiana; and
(2) have been served with process in the action;
the plaintiff shall recover costs even though the judgment recovered
by plaintiff is less than fifty dollars ($50).
As added by P.L.1-1998, SEC.48.
IC 34-52-1-3
Actions for damages; recoveries less than $5
Sec. 3. In all actions for damages solely, not arising out of
contract, if the plaintiff does not recover five dollars ($5) in
damages, the plaintiff shall not recover more costs than damages,
except:
(1) in actions for injuries to character and false imprisonment;
and
(2) where the title to real estate is in question.
As added by P.L.1-1998, SEC.48.
IC 34-52-1-4
Relators and persons for whom action is brought; sharing in costs
Sec. 4. (a) Except as provided in subsections (b) and (c), relators,
persons, and corporations for whose use an action is brought,
whether such use is shown by the pleadings of the plaintiff or
defendant, are liable for costs jointly with the actual parties to the
action.
(b) Except as provided in subsection (c), when the state is
plaintiff, the relator only is liable, and judgment for costs shall be
rendered accordingly.
(c) When a state officer or prosecuting attorney, by virtue of his
or her office, is a relator for the state of Indiana, the relator is not
liable for costs.
As added by P.L.1-1998, SEC.48.
IC 34-52-1-5
Apportionment of cost among several plaintiffs or several
defendants
Sec. 5. In actions where there are several plaintiffs or several
defendants, the costs shall be apportioned according to the judgment
rendered. Where there are several causes of action embraced in the
same complaint, or several issues, the plaintiff shall recover costs
upon the issues determined in the plaintiff's favor, and the defendant
shall recover costs upon the issues determined in the defendant's
favor.
As added by P.L.1-1998, SEC.48.
IC 34-52-1-6
Splitting cause of actions; one recovery for costs
Sec. 6. When the plaintiff, at the same court, brings several
actions against the defendant upon demands which could have been
joined in one (1) action, the plaintiff shall recover costs only in one
(1) action, unless:
(1) it appears to the court that the actions affect different rights
or interests; or
(2) other sufficient reasons exist why the several demands
should not have been joined in one (1) action.
As added by P.L.1-1998, SEC.48.
IC 34-52-1-7
Judgment for cost before final judgment
Sec. 7. Whenever, in any action an order is made for the payment
of costs, at any time before final judgment, the court shall, upon
motion of any interested person, render judgment for the costs in
favor of the party entitled to receive costs.
As added by P.L.1-1998, SEC.48.
IC 34-52-1-8
Fee bills and executions for collection of costs
Sec. 8. Fee bills and executions may issue for the collection of
costs in the proper cases against:
(1) parties to the action;
(2) relators;
(3) persons for whose use an action is brought; and
(4) sureties on undertakings for the payment of costs.
As added by P.L.1-1998, SEC.48.
IC 34-52-1-9
Attachment of lands; recoveries less than $50
Sec. 9. In all cases where lands are attached and judgment
rendered in favor of the plaintiff in the circuit court, in which the
sum claimed, or the judgment rendered is less than fifty dollars
($50), the plaintiff shall recover costs if the attachment against the
land is sustained by the court.
As added by P.L.1-1998, SEC.48.