Section 12-614 – JUSTIFICATION OF SURETIES.
12-614. JUSTIFICATION OF SURETIES. In all cases where an undertaking, with sureties, is required by the provisions of this code, the officer taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders or freeholders within the state, and each are worth the sum specified in […]
Section 12-107 – COSTS ON APPEAL.
12-107. COSTS ON APPEAL. In the following cases the costs of appeal are in the discretion of the courts: 1. When a new trial is ordered. 2. When a judgment is modified. In all other cases the prevailing party shall recover costs, including his costs below when the appeal is to the district court. History: […]
Section 12-615 – PARTIES NOT REQUIRED TO GIVE BOND.
12-615. PARTIES NOT REQUIRED TO GIVE BOND. In any civil action or proceeding wherein the state or the people of the state is a party plaintiff, or any state officer, in his official capacity, or on behalf of the state, or any county or city, is a party plaintiff or defendant, no bond, written undertaking […]
Section 12-114 – TAXATION OF COSTS ON APPEAL IN SUPREME COURT.
12-114. TAXATION OF COSTS ON APPEAL IN SUPREME COURT. Whenever costs are awarded to a party by an appellate court, if he claims such costs he must tax the same before the clerk of the Supreme Court, subject to exception and review by the Supreme Court or the judges thereof, within such time and subject […]
Section 12-616 – SUBROGATION OF SURETIES.
12-616. SUBROGATION OF SURETIES. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, he is substituted to the rights of the judgment creditor and is entitled to control, enforce and satisfy such judgments […]
Section 12-116 – ASSIGNMENT OF JURY COSTS.
12-116. ASSIGNMENT OF JURY COSTS. (1) If a civil action is settled by the parties involved therein within twenty-four (24) hours of the time for which the civil action is scheduled for trial, and/or notice of settlement is not given to the court at least twenty-four (24) hours before the scheduled trial time, the court […]
Section 12-117 – ATTORNEY’S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN INSTANCES.
12-117. ATTORNEY’S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN INSTANCES. (1) Unless otherwise provided by statute, in any proceeding involving as adverse parties a state agency or a political subdivision and a person, the state agency, political subdivision or the court hearing the proceeding, including on appeal, shall award the prevailing party reasonable attorney’s […]
Section 12-118 – COSTS AGAINST THE STATE — HOW PAID.
12-118. COSTS AGAINST THE STATE — HOW PAID. When the state is a party and costs are awarded against it, they must be paid out of the state treasury, and the state controller shall draw his warrant therefor on the general fund. History: [(12-118) C.C.P. 1881, sec. 708; R.S., R.C., & C.L., sec. 4917; C.S., […]
Section 12-119 – COSTS AGAINST A COUNTY — HOW PAID.
12-119. COSTS AGAINST A COUNTY — HOW PAID. When a county is a party and costs are awarded against it, they must be paid out of the county treasury. History: [(12-119) C.C.P. 1881, sec. 709; R.S., R.C., & C.L., sec. 4918; C.S., sec. 7224; I.C.A., sec. 12-119.]