60-2002.Taxation of costs.(a) As of course. Unless otherwise provided by statute, or by order ofthe judge, the costs shall be allowed to the party in whose favor judgmentis rendered.The court shall have the discretion to order that the alternativedispute resolution fees be, in whole or in part, paid by or from anycombination of any party or parties,from any fund authorized to pay such fees,or from the proceeds of any settlement or judgment.
(b) Offer of judgment. At any time more than 15days beforethe trial begins, a party defending against a claim may serve upon theadverse party an offer to allow judgment to be taken againstsuch party for themoney or property or to the effect specified in such party's offer,with costs thenaccrued. If within 10 days after the service of the offer theadverseparty serves written notice that the offer is accepted, either party maythen file the offer and notice of acceptance together with proof of servicethereof and thereupon the clerk shall enter judgment. An offer not acceptedshall be deemed withdrawn and evidence thereof is not admissible except ina proceeding to determine costs. If the judgment finally obtained by theofferee is not more favorable than the offer, the offeree must pay thecosts incurred after the making of the offer. The fact that an offer ismade but not accepted does not preclude a subsequent offer. When theliability of one party to another has been determined by verdict or orderor judgment, but the amount or extent of the liability remains to bedetermined by further proceedings, the party adjudged liable may make anoffer of judgment, which shall have the same effect as an offer made beforetrial if it is served within a reasonable time prior to the commencement ofproceedings to determine the amount or extent of liability.
(c) Duty of clerk. The clerk of the court shall tax the costs and, uponrequest, shall furnish a cost statement to counsel of record for the partyordered by the court to pay costs. The taxation of the costs by the clerkshall be subject to review by the judge on timely motion by any interestedparty.
History: L. 1963, ch. 303, 60-2002; Amended bySupreme Court order dated July 17, 1969;L. 1974, ch. 168, § 4;L. 1991, ch. 173, § 2; July 1.
60-2002.Taxation of costs.(a) As of course. Unless otherwise provided by statute, or by order ofthe judge, the costs shall be allowed to the party in whose favor judgmentis rendered.The court shall have the discretion to order that the alternativedispute resolution fees be, in whole or in part, paid by or from anycombination of any party or parties,from any fund authorized to pay such fees,or from the proceeds of any settlement or judgment.
(b) Offer of judgment. At any time more than 15days beforethe trial begins, a party defending against a claim may serve upon theadverse party an offer to allow judgment to be taken againstsuch party for themoney or property or to the effect specified in such party's offer,with costs thenaccrued. If within 10 days after the service of the offer theadverseparty serves written notice that the offer is accepted, either party maythen file the offer and notice of acceptance together with proof of servicethereof and thereupon the clerk shall enter judgment. An offer not acceptedshall be deemed withdrawn and evidence thereof is not admissible except ina proceeding to determine costs. If the judgment finally obtained by theofferee is not more favorable than the offer, the offeree must pay thecosts incurred after the making of the offer. The fact that an offer ismade but not accepted does not preclude a subsequent offer. When theliability of one party to another has been determined by verdict or orderor judgment, but the amount or extent of the liability remains to bedetermined by further proceedings, the party adjudged liable may make anoffer of judgment, which shall have the same effect as an offer made beforetrial if it is served within a reasonable time prior to the commencement ofproceedings to determine the amount or extent of liability.
(c) Duty of clerk. The clerk of the court shall tax the costs and, uponrequest, shall furnish a cost statement to counsel of record for the partyordered by the court to pay costs. The taxation of the costs by the clerkshall be subject to review by the judge on timely motion by any interestedparty.
History: L. 1963, ch. 303, 60-2002; Amended bySupreme Court order dated July 17, 1969;L. 1974, ch. 168, § 4;L. 1991, ch. 173, § 2; July 1.
60-2002.Taxation of costs.(a) As of course. Unless otherwise provided by statute, or by order ofthe judge, the costs shall be allowed to the party in whose favor judgmentis rendered.The court shall have the discretion to order that the alternativedispute resolution fees be, in whole or in part, paid by or from anycombination of any party or parties,from any fund authorized to pay such fees,or from the proceeds of any settlement or judgment.
(b) Offer of judgment. At any time more than 15days beforethe trial begins, a party defending against a claim may serve upon theadverse party an offer to allow judgment to be taken againstsuch party for themoney or property or to the effect specified in such party's offer,with costs thenaccrued. If within 10 days after the service of the offer theadverseparty serves written notice that the offer is accepted, either party maythen file the offer and notice of acceptance together with proof of servicethereof and thereupon the clerk shall enter judgment. An offer not acceptedshall be deemed withdrawn and evidence thereof is not admissible except ina proceeding to determine costs. If the judgment finally obtained by theofferee is not more favorable than the offer, the offeree must pay thecosts incurred after the making of the offer. The fact that an offer ismade but not accepted does not preclude a subsequent offer. When theliability of one party to another has been determined by verdict or orderor judgment, but the amount or extent of the liability remains to bedetermined by further proceedings, the party adjudged liable may make anoffer of judgment, which shall have the same effect as an offer made beforetrial if it is served within a reasonable time prior to the commencement ofproceedings to determine the amount or extent of liability.
(c) Duty of clerk. The clerk of the court shall tax the costs and, uponrequest, shall furnish a cost statement to counsel of record for the partyordered by the court to pay costs. The taxation of the costs by the clerkshall be subject to review by the judge on timely motion by any interestedparty.
History: L. 1963, ch. 303, 60-2002; Amended bySupreme Court order dated July 17, 1969;L. 1974, ch. 168, § 4;L. 1991, ch. 173, § 2; July 1.
