The Vermont Statutes Online

Title 12: Court Procedure

Chapter 085: Costs

• § 2131. Costs in Supreme Court

  In all causes of a civil nature disposed of in the Supreme Court, the prevailing party shall be entitled to costs, unless in its discretion, the Court shall apportion costs as equity may require.

• §§ 2132-2135. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• § 2136. Costs in Supreme and Superior Courts when nominal damages are recovered

  When the plaintiff in an action in Superior or Supreme Court recovers judgment for a nominal sum for debt or damages, in its discretion, the court may make such order in respect to plaintiff’s costs as is equitable, but not to exceed his or her taxable costs. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 72.)

• § 2137. Costs exceeding damages

  Unless the plaintiff recovers more than $7.00 damages in actions for trespass on the freehold, other than those in which the right of title or possession of real estate comes in question, actions for slanderous words, actions for assault and battery and actions for false imprisonment, commenced before a District or Superior Court, he or she shall not recover more costs than damages. In such actions for trespass on the freehold or for assault and battery, if the court is of opinion that the trespass was willful and malicious, and so certifies, the plaintiff shall recover full costs. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 2138. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 2139. Tender of confession of judgment

  When a debtor, before or after an action is commenced, tenders to the creditor or to his or her agent or attorney holding the obligation or account against such debtor, a confession of judgment before a district judge for the amount of the debt and costs then accrued, and such tender is refused, the creditor shall not recover the costs made after such tender in procuring judgment for his or her debt. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 17, eff. April 9, 1974.)

• §§ 2140, 2141. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 2142. Apportioning costs in case of several issues or claims

  When an action pending in a District or Superior Court or in the Supreme Court involves the trial of several and distinct issues or of several and distinct claims, in taxing the costs, the court shall allow to each party the costs accruing upon the issues or claims upon which he or she prevails. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 2143. Actions which might have been joined

  If more than one action founded on a joint and several contract, or on different contracts between the same parties, are pending in a court at the same time, in its discretion, the court shall allow only such costs as are equitable between the parties.

• § 2144. Two judgments at one term; motion to chancer or redeem

  Unless there is a hearing on motion for a new trial, costs shall not be taxed for two judgments in one action at the same term nor shall costs be taxed on a motion to chancer or redeem, other than as provided by law.

• § 2145. Action on receipt for property levied upon

  Costs shall not be allowed the plaintiff in an action founded upon a receipt given to an officer for property taken by virtue of a writ of execution, unless the defendant delays final judgment by obtaining a continuance or entering an appeal.

• § 2146. Account which might have been adjusted in former action

  In an action founded on book account, a defendant who has personal notice of the action and neglects to present his or her account against the plaintiff and have it adjusted in such action, shall not recover costs in an action to recover the amount of such account against such plaintiff.

• § 2147. Action on judgment upon which execution might have issued

  A person commencing an action founded on a judgment rendered in this State, upon which at the time of bringing his or her action execution might issue, shall not recover costs, if the court before whom it is brought considers that it was commenced without sufficient cause and that the creditor might as well have recovered his or her demand by execution.

• § 2148. Consolidation of actions against directors

  (a) In all causes brought to the same Superior Court in favor of different creditors of a corporation against the directors thereof, or some of them jointly, based upon the provisions of the act or articles of incorporation, or a statute, to recover for loss sustained by such creditors by reason of the incompetency, neglect or remissness of such directors, and where the same parties are defendants in each action, such causes may be consolidated by the court, upon request of the defendants or upon request of such of the several plaintiffs as shall join in a motion therefor, and proceed to final judgment as one cause, and only one bill of costs shall be allowed to the successful party in court.

  (b) If such judgment is for the plaintiffs, it shall show the amount of damages awarded to each. Separate executions shall issue thereon, with full costs in one cause and costs of writ, service and court fees in the others. If such judgment is for the defendants, the execution shall run against all the plaintiffs; but, as between themselves, they shall bear the costs in proportion to the amount of their respective claims.

  (c) When actions are brought by several plaintiffs against the same defendants, as provided in subsection (a) of this section and any of such causes are continued by the term without the fault of either party, or to await the result of similar pleadings in another cause, costs shall not be taxed at such term in favor of either party, except court fees. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 2149. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 2150. Actions on negotiable paper or nonnegotiable choses in action

  In an action brought on a negotiable note or bill or on a nonnegotiable chose in action, the plaintiff shall not recover more costs than would have been taxed if the action had been brought in the name of the original payee or assignor.

• § 2151. When defendant pleads bankruptcy and prevails

  In actions in which the bankruptcy of the defendant is set up in defense, and the defendant prevails solely by reason of such answer, the court may allow or disallow costs against the plaintiff.

• § 2152. Penalty for taxing or taking illegal costs or fees

  A clerk of a court who, in taxing costs, knowingly includes a greater sum than is provided for by law, or a person practicing before a court who knowingly makes up, takes, or receives a greater sum in costs than is provided for by law, or a person who knowingly receives greater fees than the law provides, shall pay to the person aggrieved 10 times such excess, to be recovered with costs in an action of tort on this statute.