Rule 77 | Costs

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 77 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Costs

77.01 | Costs – Recovery in Civil Actions

In civil actions, the party prevailing shall recover his costs against the other party, unless otherwise provided in these rules or by law.

Committee Note – 1981

This is substantially the same as prior Rule 77.06.


(Adopted June 5, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 77 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Costs

77.02 | Security for Costs

The court may require a party to furnish adequate security for anticipated costs. If the security for costs is not furnished as ordered, the court may dismiss the civil action or order other appropriate relief.

Committee Note – 1981

The source is prior Rules 77.01 and 77.02.

The references to certain types of actions in which security for costs is required have been deleted because the type of action might be a factor to be considered by the court in exercising its discretion to require security for costs but it should not be the sole determining factor.

The reference to nonresidence of a plaintiff was deleted because it is just one of the factors to be considered by the court in ordering that security for costs be given. It should not be required that a nonresident receive different treatment than a resident when bringing a suit in the courts of this state.


(Adopted June 5, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 77 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Costs

77.03 | Plaintiff may Sue as a Poor Person – When

If the plaintiff is a poor person, the court may permit the plaintiff to commence and prosecute the civil action without making a cost deposit or furnishing security for costs.

Committee Note – 1981

This is substantially the same as that portion of prior Rule 77.04 preceding the first semi-colon.

The remainder of prior Rule 77.04 was deleted because it does not pertain to costs.


(Adopted June 5, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1994

Rule 77 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Costs

77.04 | Offer of Judgment – Recovery of Costs

At any time more than thirty days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the offer, with costs then accrued. If within ten days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon judgment shall be entered. If the offer is not accepted within ten days it shall be deemed withdrawn and evidence thereof is not admissible. If the adverse party fails to obtain a judgment more favorable than that offered, that party shall not recover costs in the circuit court from the time of the offer but shall pay costs from that time.

(Adopted June 5, 1980, effective January 1, 1981. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: June 05, 1980

Most Recently Effective: July 01, 1986

Rule 77 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Costs

77.05 | Costs – Review by Court

Any party, on motion, may have a bill of costs reviewed by the court in which the civil action was heard.

Committee Note – 1981

This is substantially the same as prior Rule 77.27 except that the references to liability of the clerk have been deleted.


(Adopted June 5, 1980, effective January 1, 1981. Amended Sept. 30, 1985, effective July 1, 1986.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 77 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Costs

77.06 | Execution for Costs

An execution may issue for costs either before or after final judgment.

Committee Note – 1981

This is substantially the same as prior Rule 77.30.


(Adopted June 5, 1980, effective January 1, 1981.)