Kentucky Revised Statutes

Ky. Rev. Stat. § 453.040 (2026)

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✓ current as of May 2026

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(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. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 118, sec. 1, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 889.

Notes of Decisions

Cited in 26 cases (4 in the last 5 years), 1945–2025 · leading case: Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999).

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Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999). · cites it 6× “KRS 453.040(1)(a); Cheatham v. Harmon, 182 Ky.”

Harris v. Camp Taylor Fire Prot. Dist., 303 S.W.3d 479 (Ky. Ct. App. 2009). · cites it 4× “On appeal, Harris argues that the trial court retained jurisdiction to award costs under KRS 453.040 and CR 2 54.04 since neither provision contains a time limit.”

Strunk v. Lawson, 447 S.W.3d 641 (Ky. Ct. App. 2013). · cites it 2× “Robert argued the award of costs to the estate was appropriate under KRS 453.040. He noted that charging costs, to the estate would mean the successful parties would bear the costs of the litigation.”

Ballard v. 1400 Willow Council of Co-Owners, Inc., 430 S.W.3d 229 (Ky. 2013). “2 of the Master Deed, which entitles the “prevailing party” to recover costs of attorneys’ fees, as well as KRS 453.040 and CR 54.04, the trial court awarded attorneys’ fees to Ballard.”

Bryan v. Correctcare-Integrated Health, Inc., 420 S.W.3d 520 (Ky. Ct. App. 2013). “KRS 453.040(1)(a) provides that the “successful party in any action shall recover his costs, unless otherwise provided by law.”

Brookshire v. Lavigne, 713 S.W.2d 481 (Ky. Ct. App. 1986). “KRS 453.040 states that “[t]he successful party in an ordinary action shall recover his costs,” but the statute makes no provision for the recovery of expert witness fees.”

Cummins v. Cox, 763 S.W.2d 135 (Ky. Ct. App. 1988). · cites it 2× “The award of costs to the prevailing party at the conclusion of the action is governed by KRS 453.040 and CR 54.04. KRS 453.040(l)(a) provides that the successful party in any action shall recover his costs, unless otherwise provided by law.”

Dulworth & Burress Tobacco Warehouse Co. v. Burress, 369 S.W.2d 129 (Ky. Ct. App. 1963). “04 provides, in part, that, except when express provision therefor is made either by statute or by the Rules of Civil Procedure, costs shall be allowed as a matter of course to the prevailing party unless the court otherwise directs.”

Johnson v. Ducobu, 258 S.W.2d 509 (Ky. Ct. App. 1953). “2d 493 ; KRS 453.040. Authority for the allowance is claimed under KRS 412.”

Trimble Cnty. Fiscal Court v. Trimble Cnty. Bd. of Health, 587 S.W.2d 276 (Ky. Ct. App. 1979). “Good faith by the magistrates is certainly questionable due to their refusal to follow the advice of the county attorney, and because of their publication of a newspaper ad designed to create a public controversy with the tax increase.”

Lewis v. Grange Mut. Cas. Co., 11 S.W.3d 591 (Ky. Ct. App. 2000). “” KRS 453.040(l)(a). To determine this issue, we must decide whether a plaintiff who obtains a verdict finding a defendant liable but fails to obtain a verdict awarding damages is the successful or prevailing party.”

Johnson v. Johnson, 273 S.W.2d 558 (Ky. Ct. App. 1954). “2d 546 , the court endorsed a straight line where the marker could not be established.”

Show all 26 citing cases →

— Ky. Rev. Stat. § 453.040(1) — 1 case

Jones v. Meigs, 383 S.W.2d 324 (Ky. Ct. App. 1964).

— Ky. Rev. Stat. § 453.040(1)(a) — 6 cases

Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999). “KRS 453.040(1)(a); Cheatham v. Harmon, 182 Ky.”

Landon Drake Davis v. James Lloyd Brown (Ky. Ct. App. 2022).

Michelle Phillips v. Ann D. Ball (Ky. Ct. App. 2021).

Clark Cnty.- Winchester Heritage Comm'n v. Thomas Norton (Ky. Ct. App. 2021).

— Ky. Rev. Stat. § 453.040(1)(b) — 1 case

Michelle Phillips v. Ann D. Ball (Ky. Ct. App. 2021).

— Ky. Rev. Stat. § 453.040(2) — 2 cases

Strunk v. Lawson, 447 S.W.3d 641 (Ky. Ct. App. 2013). “Robert argued the award of costs to the estate was appropriate under KRS 453.040. He noted that charging costs, to the estate would mean the successful parties would bear the costs of the litigation.”

Wilhoite v. Kemper, 189 S.W.2d 961 (Ky. Ct. App. 1945).

— Ky. Rev. Stat. § 453.040(l)(a) — 4 cases

Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999). “KRS 453.040(1)(a); Cheatham v. Harmon, 182 Ky.”

Harris v. Camp Taylor Fire Prot. Dist., 303 S.W.3d 479 (Ky. Ct. App. 2009). “On appeal, Harris argues that the trial court retained jurisdiction to award costs under KRS 453.040 and CR 2 54.04 since neither provision contains a time limit.”

Cummins v. Cox, 763 S.W.2d 135 (Ky. Ct. App. 1988). “The award of costs to the prevailing party at the conclusion of the action is governed by KRS 453.040 and CR 54.04. KRS 453.040(l)(a) provides that the successful party in any action shall recover his costs, unless otherwise provided by law.”

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