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KRS 453.040

Responsibility for payment

Applied in 21 court decisions — leading case Motorists Mutual Insurance Co. v. Glass (1999)

Most recently applied in Ballard v. 1400 Willow Council of Co-Owners, Inc. (November 2013)

Effective: July 15, 1982 History: Amended 1982 Ky

How often courts cite this section

1945196019802000201330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided by subsection (2):

(a) The successful party in any action shall recover his costs, unless otherwise provided by law. If the plaintiff succeeds against part of the defendants, and not against others, he shall recover his costs from the former, and the latter shall recover their costs from the plaintiff.

(b) Successful defendants who are necessary nominal parties shall not recover their costs, but each party shall be decreed to pay his own costs. Successful defendants who are not necessary parties shall recover their costs.

(2) In actions between parceners, tenants in common or joint tenants, and in actions for settling the distribution and division of deceased persons' estates, to settle partnerships and to settle or enforce trusts, the court shall exercise a judicial discretion in regard to costs.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.