Title 10 — Courts and Judicial Procedure

§ 5101. Defendant or prevailing party in law actions. 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 …

§ 5102. Civil actions where defendant resides in another county. 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 incep…

§ 5103. Writs of prohibition or mandamus. 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; …

§ 5104. Actions in name of State. 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;…

§ 5105. Cases not specially provided for. 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, …

§ 5106. Actions in Court of Chancery. 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;

§ 5107. Affirmance of judgment by Supreme Court. 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 sta…

§ 5108. Proceedings out of court. 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…

§ 5109. Cases within jurisdiction of justice of the peace brought in Superior Court. 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 pe…

§ 5110. Appeals from justice of the peace. (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 provi…

§ 5111. Certiorari to justice of the peace. 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…

§ 5112. Bill of costs, time for entry upon docket. 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 docke…

§ 5113. Endorsement on execution process. 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 distinctl…

§ 5114. Neglect of duties by officers; penalties. 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…

§ 5115. Judicial revision. 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 …

§ 5116. Adoption proceedings. 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;

§ 5117. Parentage proceedings. 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. La…

§ 5118. Dower actions. 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;

§ 5119. Perpetuating testimony of boundaries. 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; Cod…

§ 5120. Fence viewers’ services. 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. 19…

§ 5121. Investment of moneys paid into Superior Court. 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;

§ 5122. Attachment for rent. 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;…

§ 5123. Change of name proceedings. 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;