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 shallrecover costs, except in those cases in which a different provision ismade by law.
    (b) In any civil action, the court may award attorney's fees as partof 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 isfrivolous, unreasonable, or groundless;
        (2) continued to litigate the action or defense after the party'sclaim or defense clearly became frivolous, unreasonable, orgroundless; or
        (3) litigated the action in bad faith.
    (c) The award of fees under subsection (b) does not prevent aprevailing party from bringing an action against another party forabuse of process arising in any part on the same facts. However, theprevailing 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 oncontract, commenced in the circuit or superior courts.
    (b) Except as provided in subsection (d), if the plaintiff recoversless than fifty dollars ($50) exclusive of costs, the plaintiff shall paycosts, 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 isreduced below fifty dollars ($50) by proof of payments, thedefendant shall recover costs.
    (d) If one (1) or more defendants, necessary to a fulldetermination of the cause:
        (1) are nonresidents of the county in which the suit is broughtbut 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 recoveredby 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 ofcontract, 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 ordefendant, are liable for costs jointly with the actual parties to theaction.
    (b) Except as provided in subsection (c), when the state isplaintiff, the relator only is liable, and judgment for costs shall berendered accordingly.
    (c) When a state officer or prosecuting attorney, by virtue of hisor her office, is a relator for the state of Indiana, the relator is notliable for costs.
As added by P.L.1-1998, SEC.48.

IC 34-52-1-5
Apportionment of cost among several plaintiffs or severaldefendants
    Sec. 5. In actions where there are several plaintiffs or severaldefendants, the costs shall be apportioned according to the judgmentrendered. Where there are several causes of action embraced in thesame complaint, or several issues, the plaintiff shall recover costsupon the issues determined in the plaintiff's favor, and the defendantshall recover costs upon the issues determined in the defendant'sfavor.
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 severalactions against the defendant upon demands which could have beenjoined 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 rightsor interests; or
        (2) other sufficient reasons exist why the several demandsshould 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 paymentof costs, at any time before final judgment, the court shall, upon

motion of any interested person, render judgment for the costs infavor 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 ofcosts 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 judgmentrendered in favor of the plaintiff in the circuit court, in which thesum claimed, or the judgment rendered is less than fifty dollars($50), the plaintiff shall recover costs if the attachment against theland is sustained by the court.
As added by P.L.1-1998, SEC.48.