Delaware Code
10 Del. C. § 5101 (2026)
Defendant or prevailing party in law actions
✓ current as of May 2026
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In a court of law, whether of original jurisdiction or of error, upon a voluntary or involuntary discontinuance or dismissal of the action, there shall be judgment for costs for the defendant. Generally a party for whom final judgment in any civil action, or on a writ of error upon a judgment is given in such action, shall recover, against the adverse party, costs of suit, to be awarded by the court.
Code 1852, § 2525; Code 1915, § 4444; Code 1935, § 4902; 10 Del. C. 1953, § 5101;Notes of Decisions
Cited in 25
cases (12 in the last 5 years), 1976–2026 · leading case: Donovan v. Delaware Water & Air Resources Comm'n, 358 A.2d 717 (Del. 1976).
Donovan v. Delaware Water & Air Resources Comm'n, 358 A.2d 717 (Del. 1976). “We turn to 10 Del.C. § 5101, which provides in pertinent part as follows : “ .”
Kuratle Corp., Inc. v. Linden Green Condo. Ass'n. (Del. Super. Ct. 2014). “75 10 Del. C. §5101 provides, “Generally a party for whom final judgment in any civil action [is awarded]… shall recover, against the adverse party, costs of suit, to be awarded by the court.”
Brown v. Transforming Lives, Inc. (Del. Super. Ct. 2026). “Separately, the Companies seek costs under Superior Court Civil Rule 54(d) and 10 Del. C. § 5101. Those provisions provide cost recovery for expenses necessarily incurred after a party successfully obtains a judgment.”
Mullin v. Ascetta (Del. Super. Ct. 2021). “C. § 5101.1 “Determining when costs are awarded and when they are not is, in [the Court’s] judgment, a matter of judicial discretion under the statute[,] which is also consistent with 10 Del.”
Dreisbach v. Walton. (Del. Super. Ct. 2014). “21 Plaintiffs argue that as they are the prevailing party, costs and fees are recoverable under Superior Court Civil Rule 54(d), 10 Del. C. §5101, and Paragraph 27 of the Parties’ Agreement of Sale.”
Santiago v. Lindvall. (Del. Super. Ct. 2014). ““Under Superior Court Civil Rule 54(d) and 10 Del. C. § 5101, the prevailing party in a civil action may recover costs against the adverse party.”
Martin v. Nat'l Gen. Assurance Co. (Del. Super. Ct. 2014). “Pursuant to Superior Court Civil Rule 54(d) and 10 Del. C. § 5101, the prevailing party in a civil action may recover costs against the adverse party.”
Edwards v. Kiddie Kollege Inst. (Del. Super. Ct. 2016). “PLAINTIFF’S MOTION FOR COSTS AND EXPERT FEES Plaintiff has moved for costs following judgment in her favor against Defendant, pursuant to Superior Court Civil Rule 54 and statutes 10 Del. C. §§ 5101, 5112, and 8906. Plaintiff has timely filed this motion.”
TIAA-CREF v. Illinois Nat'l Ins. Co. (Del. Super. Ct. 2017). “” Similarly, 10 Del. C. § 5101 provides “[g]enerally a party for whom final judgment in any civil action, or on a writ of error upon a judgment is given in such action, shall recover, against the adverse party, costs of suit, to be awarded by the Court.”
Hajali v. Daller (Del. Super. Ct. 2017). “Rule 54, along with 10 Del. C. § 5101 and 10 Del. C. § 8906, allows the prevailing party to recover certain costs associated with litigation, so long as the prevailing party makes an application to the Court within ten days after the entry of final 1 Compl.”
Two Farms, Inc. v. Davis, Bowen & Freidel, Inc (Del. Super. Ct. 2018). “The Bad Faith Exception to the American Rule is typically asserted in a motion for litigation expenses,15 similar to a 10 Del. C. § 5101 motion for costs, rather than a unique cause of action.”
Betner v. Grayling Corp. (Del. Super. Ct. 2018). “Defendant filed a Motion for Costs pursuant to Superior Court Civil Rule 54, 10 Del. C. §§ 5101 and 8906 on October 5, 2018.”
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