Rule 18-12. Costs where Several Issues

(a) Whenever in any action there shall be two or more issues joined on material allegations, and a part of such issues shall be found for the defendant and the remainder for the plaintiff, the defendant shall recover such costs as were incurred upon the issues found in the defendant's favor, including fees of witnesses and the expense of summoning them. If several distinct claims shall be made under one count, and the plaintiff shall recover upon some and not upon others, the plaintiff shall not recover costs incurred in attempting to support the claims which the plaintiff shall fail to establish.

(b) When costs are awarded to both parties, the judicial authority upon motion of either party may order a setoff of the same, and execution will then issue only for the balance.

Committee Notes

(P.B. 1978-1997, Sec. 419.)