Printable Format60-2002. Taxation of costs. (a) As of course. Unless otherwise provided by statute, or by order of the judge, the costs shall be allowed to the party in whose favor judgment is rendered. The court shall have the discretion to order that the alternative dispute resolution fees be, in whole or in part, paid by or from any combination 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 21 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against such party for the money or property or to the effect specified in such party's offer, with costs then accrued. If within 14 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time prior to the commencement of proceedings to determine the amount or extent of liability.
(c) Duty of clerk. The clerk of the court shall tax the costs and, upon request, shall furnish a cost statement to counsel of record for the party ordered by the court to pay costs. The taxation of the costs by the clerk shall be subject to review by the judge on timely motion by any interested party.
History: L. 1963, ch. 303, 60-2002; amended by Supreme Court order dated July 17, 1969; L. 1974, ch. 168, § 4; L. 1991, ch. 173, § 2; L. 2010, ch. 135, § 178; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, §§ 589, 590; L. 1909, ch. 182, §§ 613, 614; R.S. 1923, 60-3704, 60-3705.
(b). G.S. 1868, ch. 80, §§ 523, 528; L. 1909, ch. 182, §§ 547, 552; R.S. 1923, 60-2936, 60-2941.
(c). L. 1870, ch. 87, § 15; L. 1871, ch. 115, § 1; L. 1909, ch. 182, § 617; R.S. 1923, 60-3708.
Cross References to Related Sections:
Offer to compromise, inadmissibility, when, see 60-452.
Law Review and Bar Journal References:
"Survival of Actions and Wrongful Death," Lawrence E. Curfman, 12 K.L.R. 21, 24 (1963).
"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 79 (1963).
"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 554 (1979).
"The Fair Debt Collection Practices Act: Lawyers Beware," Laura L. Ice, 64 J.K.B.A. No. 10, 32, 38 (1995).
"The Offer of Judgment Revisited," Michaela M. Warden and Daniel B. Boatright, 66 J.K.B.A. No. 3, 28 (1997).
"2004 Legislative Session Update," Jim Clark, 73 J.K.B.A. No. 4, 17 (2004).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-2936, 60-2941, 60-3704, 60-3705, 60-3708 and the 1961 Supp. thereto.
1. Costs assessed against plaintiff where trial court directed verdict for plaintiff on issue of liability but jury found no injury sustained. Schroeder v. Richardson, 196 K. 363, 371, 411 P.2d 670.
2. Taxing of costs in equitable action reviewable only for abuse of judge's discretion. Commercial Asphalt, Inc. v. Smith, 200 K. 362, 368, 436 P.2d 849.
3. Subsection (a) discussed; charges for discovery depositions not used as evidence held not ordinarily taxable as costs. Wood v. Gautier, 201 K. 74, 78, 439 P.2d 73.
4. No abuse of discretion in assessing costs in action foreclosing lien for labor and material. Stewart v. Cunningham, 219 K. 374, 381, 548 P.2d 740.
5. Docket fee may be taxed against any one or more litigants even if poverty affidavit filed. Davis v. Davis, 5 K.A.2d 712, 713, 623 P.2d 1369.
6. Assessment of costs in the trial court is discretionary with that court. Negley v. Massey Ferguson, 229 K. 465, 472, 625 P.2d 472.
7. "Costs" do not include paralegal time, attorney fees, deposition expense, phone calls, expert witness fees, etc. Divine v. Groshong, 235 K. 127, 141, 679 P.2d 700 (1984).
8. Where action not frivolous and substantial claims asserted, trial court correct in refusing defendant allowances for other than statutory costs. Betts v. General Motors Corp., 236 K. 108, 117, 689 P.2d 795 (1984).
9. Denial of motion to assess costs proper where unreasonable, oppressive conduct or frivolity and bad faith absent. City of Shawnee v. Webb, 236 K. 504, 512, 694 P.2d 896 (1985).
10. Cited; trial court did not abuse discretion in granting costs in action to collect overtime pay under 44-1201 et seq. Dollison v. Osborne County, 241 K. 374, 386, 737 P.2d 43 (1987).
11. Cited; denial of taxing deposition costs on plaintiff to avoid "chilling effect" on bona fide constitutional claims examined. R. B. Enterprises, Inc. v. State, 242 K. 241, 250, 747 P.2d 152 (1987).
12. Absent extraordinary circumstances, charges for discovery depositions not admitted into evidence cannot be assessed as costs. Bridges v. Bentley, 244 K. 434, 445, 446, 769 P.2d 635 (1989).
13. Assessing filing fee cost permitted after adverse determination in 60-1507 motion filed under poverty affidavit. Fought v. State, 14 K.A.2d 17, 19, 781 P.2d 742 (1989).
14. Ruling on allowance for attorney fees as unnecessary before filing timely notice of appeal determined. Snodgrass v. State Farm Mut. Auto, Ins. Co., 246 K. 371, 377, 789 P.2d 211 (1990).
15. Insurance policy provision reducing underinsured motorist coverage (40-284) by amount paid by party potentially liable examined. Allied Mut. Ins. Co. v. Gordon, 248 K. 715, 719, 811 P.2d 1112 (1991).
16. Under facts stated, court abused its discretion in denying plaintiff's request for costs in action alleging fraud. Grove v. Orkin Exterminating Co., 18 K.A.2d 369, 376, 855 P.2d 958 (1993).
17. Whether punitive damages may be awarded in action to set aside fraudulent conveyance examined. Golconda Screw, Inc. v. West Bottoms Ltd., 20 K.A.2d 1002, 1009, 894 P.2d 260 (1995).
18. Trial court abused discretion in determining amount of attorney fee awarded plaintiff in insurance case. Hawkins v. Dennis, 258 K. 329, 343, 348, 905 P.2d 678 (1995).
19. Failure to comply with order that all experts designated be present for trial; assessment of deposition costs upheld. Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 K.A.2d 1038, 1059, 940 P.2d 84 (1997).
20. Reversal of summary judgment rendered award of court costs and attorney fees premature. Reynolds-Rexwinkle Oil, Inc. v. Petex, Inc., 25 K.A.2d 707, 716, 969 P.2d 906 (1998).
21. Award of guardian ad litem fee without explanation of basis held abuse of judicial discretion. Baugh v. Baugh, 25 K.A.2d 871, 973 P.2d 202 (1999).
22. Mentioned in holding that K.S.A. 44-510 does not permit award of expert witness fees. Higgins v. Abilene Machine, Inc., 38 K.A.2d 735, 738, 172 P.3d 1201 (2007).