R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 9-22-5 (2026)

Recovery of costs by prevailing party

✓ current as of July 2026
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In civil actions at law, the party prevailing shall recover costs, except where otherwise specially provided, or as justice may require, in the discretion of the court.

Notes of Decisions
Cited in 16 cases, 1962–2019 · leading case: South Cnty. Post & Beam, Inc. v. Brian T. McMahon, 116 A.3d 204 (R.I. 2015).
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South Cnty. Post & Beam, Inc. v. Brian T. McMahon, 116 A.3d 204 (R.I. 2015). · cites it 5× “” Section 9-17-22, entitled “Expert fees as costs,” states that “[flees of experts, except as provided in the Rules of Evidence, shall not be allowed as part of the costs in any case in excess of the fees allowed for ordinary witnesses.”
State of Rhode Island v. Lead Indus. Ass'n, Inc. Et Al., 69 A.3d 1304 (R.I. 2013). · cites it 5× “2 (collectively defendants) 3 for an award of allowable costs under Rule 54(d) of the Superior Court Rules of Civil Procedure and G.L.1956 § 9-22-5. The defendants assert that the trial justice “bypassed governing legal principles,” and, “[i]n effect, * * * treated the [sjtate…”
Ins. Co. of North Am. v. Kayser-Roth Corp., 770 A.2d 403 (R.I. 2001). · cites it 2× “See G.L.1956 § 9-22-5 (“[i]n civil actions at law, the party prevailing shall recover costs * * * in the discretion of the court”).”
Kottis v. Cerilli, 612 A.2d 661 (R.I. 1992). · cites it 3× “General Laws 1956 (1969 Reenactment) § 9-22-5 provides: “In civil actions at law, the party prevailing shall recover costs, except where otherwise specially provided, or as justice may require, in the discretion of the court.”
Carpenter v. Hanslin, 900 A.2d 1136 (R.I. 2006). · cites it 2× “6 The plaintiffs, for their part, have also challenged the trial justice’s denial of their motion to tax costs against the defendants pursuant to G.L.1956 § 9-22-5 and Rule 54 of the Superior Court Rules of Civil Procedure.”
Chiaradio v. Falck, 794 A.2d 494 (R.I. 2002). · cites it 2× “We previously have held that the payment of expert-witness fees is not normally recoverable in an award of costs made pursuant to G.L.1956 § 9-22-5. “Costs are normally considered the expenses of suing another party, including filing fees and fees to serve process.”
Hartman v. Carter, 393 A.2d 1102 (R.I. 1978). · cites it 2× “General Laws 1956 (1969 Reenactment) §9-22-5 provides that “[i]n civil actions at law, the party prevailing shall recover costs, except where otherwise specially provided, or as justice may require, in the discretion of the court.”
DiRaimo v. City of Providence, 714 A.2d 554 (R.I. 1998). · cites it 2× “Although we recognize that a trial justice has the authority to make an award of costs to a prevailing party, see G.L.1956 § 9-22-5 (“[i]n civil actions at law, the party prevailing shall recover costs, except where otherwise specially provided, or as justice may require, in the…”
Sleboda v. Heirs at Law of Harris, 508 A.2d 652 (R.I. 1986). · cites it 2× “General Laws 1956 (1985 Reenactment) § 9-22-5 specifically provides for the party prevailing to recover costs "except * * * as justice may require, in the discretion of the court.”
Cranston Police Retirees Action Comm. v. The City of Cranston, by & through its Fin. Dir. Robert Strom & its City Treasurer David Capuano, 208 A.3d 557 (R.I. 2019). “" General Laws 1956 § 9-22-5 ; see also Super. R. Civ. P. 54(d) ("Costs (including costs on depositions as provided for in Rule 54(e) ) shall be allowed as of course to the prevailing party as provided by statute and by these rules unless the court otherwise specifically directs.”
Bielecki v. Boissel, 715 A.2d 571 (R.I. 1998). · cites it 2× “General Laws 1956 § 9-22-5 provides: “Recovery of costs by prevailing party.”
Cannone v. New England Tel. & Tel. Co., 471 A.2d 211 (R.I. 1984). “” General Laws 1956 (1969 Reenactment) § 9-22-5 provides that “[i]n civil actions at law, the party prevailing shall recover costs, except where otherwise specially provided, or as justice may require, in the discretion of the court.”
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