12-343. Costs of new trial, arrest of judgment or insufficient pleadings
A. The costs of a new trial may either abide the result of the action or may be taxed against the party to whom a new trial is granted, as may be adjudged by the court at the time of granting a new trial.
B. When a judgment is arrested or a verdict set aside because of insufficiency of the pleadings of the party in whose favor the verdict or judgment was rendered, the costs thereof shall be taxed against the party whose pleadings were adjudged insufficient.