§ A406-29. Costs.

In a civil action or proceeding, there shall be allowed to the prevailing party, who has appeared by attorney, the following sums as costs, which in no event shall exceed $50:

A. 

To the plaintiff, if he recovers judgment after trial is commenced, 10% of the amount recovered or of the amount demanded in any counterclaim, whichever is greater.

B. 

To the defendant, if he recovers judgment after trial is commenced, 10% of the amount demanded in the complaint or recovered on his counterclaim, whichever is greater.

C. 

To either party, who recovers judgment before trial, costs shall be allowed at 1/2 of the rates prescribed by §§ A406-29A or A406-29B, as the case may be.

D. 

Where an action or counterclaim is discontinued before trial, costs shall be allowed at the rates prescribed by § A406-29C. Where an action or counterclaim is discontinued after the trial thereof has commenced, costs shall be allowed at the rates prescribed by §§ A406-29A or A406-29B, as the case may be.

E. 

If the defendant interposes a counterclaim, and both the plaintiff's complaint and the defendant's counterclaim are dismissed, costs shall be awarded as follows: the plaintiff's costs shall be computed at the rates prescribed in § A406-29A, based on the amount demanded in the counterclaim, and the defendant's costs shall be computed at the rates prescribed in § A406-29B, based on the amount of the plaintiff's claim, such computation being made without regard to the limitation of $50 prescribed in this section; and the costs to be included in the judgment, in no event to exceed $50, shall consist of the amount of the difference between the plaintiff's costs and the defendant's costs as thus computed, and shall be awarded to the party whose costs as above computed are the larger. Neither party shall be entitled to disbursements. If the defendant interposes a counterclaim and both the plaintiff and defendant recover on their claims, the plaintiff's costs shall be awarded at the rates prescribed in § A406-29A, based on the amount recovered upon his claim, and the defendant's costs shall be awarded at the rates prescribed in § A406-29B of this section, based on the amount recovered upon his claim, the costs to be included in the judgment shall consist of the amount of the difference between the plaintiff's costs and the defendant's costs, which shall be thus computed without regard to the limitation of $50 heretofore prescribed by this section, and shall be awarded to the party whose costs as above computed are the larger. Costs as finally awarded by virtue of this subdivision shall not exceed $50.

F. 

To the prevailing party, if the amount recovered does not exceed $50, or to either party where provision for costs is not otherwise made, the Court may, in its discretion, award the sum of $5.

G. 

To either party, the Court may, in its discretion, grant costs, not exceeding $10, upon a motion, including the adjournment of a trial.

H. 

In an action to establish or foreclose a lien, or in a replevin action, costs shall be computed upon the basis of the value of the chattel or the amount of the lien, as determined by the judgment or claimed by the adverse party, as the case may be.