(a) Whichever party recovers judgment shall recover that party’s costs of suit, to be allowed and collected by force of the judgment, as a part thereof.

Terms Used In Delaware Code Title 10 Sec. 9541

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) If plaintiff, upon claiming a new trial, recovers no more than $5.00, exclusive of costs, the defendant shall be allowed his or her costs in the new trial.

(c) If the plaintiff is nonsuited, or discontinues or withdraws his or her action, judgment shall be given for the defendant for costs.

Code 1852, §§ ?2092, 2093; Code 1915, § ?4015; Code 1935, § ?4501; 10 Del. C. 1953, § ?9545; 58 Del. Laws, c. 194, § ?8; 70 Del. Laws, c. 186, § ?1;